81R4008 ESH-D
By: Hartnett H.B. No. 677
A BILL TO BE ENTITLED
AN ACT
relating to liability for a respondent's attorney's fees and costs
incurred in defending against a sworn complaint filed with the
Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 571, Government Code, is
amended by adding Section 571.142 to read as follows:
Sec. 571.142. LIABILITY FOR RESPONDENT'S COSTS. (a) This
section applies only to a sworn complaint if:
(1) the complaint was filed after the 60th day before
the date of an election; and
(2) the respondent is:
(A) a candidate in the election;
(B) a specific-purpose committee, as defined by
Section 251.001, Election Code, that supports only a candidate in
the election; or
(C) the campaign treasurer of a committee
described by Paragraph (B).
(b) If, in disposing of a sworn complaint to which this
section applies, the commission determines that a violation within
the commission's jurisdiction has not occurred, the complainant is
liable for:
(1) the respondent's reasonable and necessary
attorney's fees and other costs incurred in defending against the
complaint; and
(2) the respondent's reasonable and necessary
attorney's fees and other costs incurred in recovering the amounts
specified by Subdivision (1).
SECTION 2. Section 571.142, Government Code, as added by
this Act, applies only to a sworn complaint filed with the Texas
Ethics Commission on or after September 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.