Texas 2009 - 81st Regular

Texas House Bill HB4066 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1214 ESH-D
2	2	By: Christian H.B. No. 4066
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sworn complaints filed with the Texas Ethics
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 571.122, Government Code, is amended by
11	11	adding Subsection (b-1) to read as follows:
12	12	(b-1) An individual must be a resident of this state to be
13	13	eligible to file a sworn complaint with the commission. A copy of
14	14	one of the following documents must be attached to the complaint:
15	15	(1) the complainant's driver's license or personal
16	16	identification certificate issued under Chapter 521,
17	17	Transportation Code, or commercial driver's license issued under
18	18	Chapter 522, Transportation Code; or
19	19	(2) a utility bill, bank statement, government check,
20	20	paycheck, or other government document that:
21	21	(A) shows the name and address of the
22	22	complainant; and
23	23	(B) is dated not more than 30 days before the date
24	24	on which the complaint is filed.
25	25	SECTION 2. Subchapter E, Chapter 571, Government Code, is
26	26	amended by adding Section 571.1221 to read as follows:
27	27	Sec. 571.1221. DISMISSAL OF COMPLAINT FILED AT DIRECTION OR
28	28	URGING OF NONRESIDENT. At any stage of a proceeding under this
29	29	subchapter, the commission shall dismiss the complaint if the
30	30	commission determines that the complaint was filed at the direction
31	31	or urging of a person who is not a resident of this state.
32	32	SECTION 3. Section 571.176, Government Code, is amended by
33	33	amending Subsections (a) and (b) and adding Subsections (a-1) and
34	34	(a-2) to read as follows:
35	35	(a) The commission may impose a civil penalty of not more
36	36	than $10,000 for the filing of a frivolous or bad-faith complaint.
37	37	In this section [subsection], "frivolous or bad-faith complaint"
38	38	means a complaint that is:
39	39	(1) groundless or trivial; and
40	40	(2) brought in bad faith or [is groundless and
41	41	brought] for the purpose of harassment.
42	42	(a-1) For purposes of this section, a complaint is trivial
43	43	if:
44	44	(1) the commission determines that each violation
45	45	alleged in the complaint that is found to have occurred is technical
46	46	or de minimis; and
47	47	(2) the only sanction the commission issues based on
48	48	the complaint is a confidential order under Section 571.172.
49	49	(a-2) For purposes of this section, a complaint that the
50	50	commission determines is groundless or trivial is presumed to have
51	51	been brought in bad faith or for the purpose of harassment if:
52	52	(1) the complaint was filed after the 60th day before
53	53	the date of an election;
54	54	(2) the respondent is:
55	55	(A) a candidate in the election;
56	56	(B) a specific-purpose committee, as defined by
57	57	Section 251.001, Election Code, that supports only a candidate in
58	58	the election; or
59	59	(C) the campaign treasurer of a committee
60	60	described by Paragraph (B); and
61	61	(3) the complainant is:
62	62	(A) an election opponent of the candidate named
63	63	in the complaint or a person affiliated with the campaign of an
64	64	election opponent of that candidate; or
65	65	(B) a person who filed the complaint at the
66	66	direction or urging of a person described by Paragraph (A).
67	67	(b) In addition to other penalties:
68	68	(1) [,] a person who files a frivolous or bad-faith
69	69	complaint is civilly liable to the respondent in an amount equal to
70	70	the greater of $10,000 or the amount of actual damages incurred by
71	71	the respondent, including court costs and attorney fees; and
72	72	(2) a person who directs or urges another to file a
73	73	frivolous or bad-faith complaint is civilly liable to the
74	74	respondent in an amount equal to the greater of:
75	75	(A) the amount of actual damages incurred by the
76	76	respondent, including court costs and attorney fees; or
77	77	(B) as applicable:
78	78	(i) $50,000; or
79	79	(ii) $100,000, if the commission finds that
80	80	the person has made a concerted effort to prevent discovery of the
81	81	person's involvement in the filing of the complaint.
82	82	SECTION 4. Sections 571.122 and 571.176, Government Code,
83	83	as amended by this Act, and Section 571.1221, Government Code, as
84	84	added by this Act, apply only to a sworn complaint filed with the
85	85	Texas Ethics Commission on or after the effective date of this Act.
86	86	A sworn complaint filed with the Texas Ethics Commission before the
87	87	effective date of this Act is governed by the law in effect on the
88	88	date the complaint is filed, and the former law is continued in
89	89	effect for that purpose.
90	90	SECTION 5. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2009.