By: Hartnett (Senate Sponsor - Wentworth) H.B. No. 677
(In the Senate - Received from the House April 29, 2009;
May 4, 2009, read first time and referred to Committee on State
Affairs; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 677 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to violations of laws administered and enforced by the
Texas Ethics Commission and to sworn complaints alleging such
violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 571, Government Code, is
amended by adding Section 571.0631 to read as follows:
Sec. 571.0631. RULES CONCERNING TECHNICAL AND CLERICAL
VIOLATIONS. The commission shall adopt rules prescribing
procedures for investigating and resolving technical and clerical
violations of laws within the commission's jurisdiction. For
registrations and reports filed under Chapter 305, the commission
shall consider clerical violations to include obvious
typographical errors. A registrant filing a registration or report
under Chapter 305 may correct obvious typographical errors without
penalty by filing either a corrected registration or report or an
updated or amended registration or report.
SECTION 2. Section 571.122, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) To be eligible to file a sworn complaint with the
commission, an individual must be a resident of this state or must
own real property in this state. A copy of one of the following
documents must be attached to the complaint:
(1) the complainant's driver's license or personal
identification certificate issued under Chapter 521,
Transportation Code, or commercial driver's license issued under
Chapter 522, Transportation Code;
(2) a utility bill, bank statement, government check,
paycheck, or other government document that:
(A) shows the name and address of the
complainant; and
(B) is dated not more than 30 days before the date
on which the complaint is filed; or
(3) a property tax bill, notice of appraised value, or
other government document that:
(A) shows the name of the complainant;
(B) shows the address of real property in this
state; and
(C) identifies the complainant as the owner of
the real property.
SECTION 3. 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 30th day before
the date of an election;
(2) the respondent is a candidate in the election; and
(3) the complaint alleges a violation other than a
technical or clerical violation.
(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 the respondent's reasonable and necessary attorney's
fees and other costs incurred in defending against the complaint.
(c) This section does not apply to a sworn complaint
regarding a reporting omission required by law.
SECTION 4. Section 571.122, Government Code, as amended by
this Act, and Section 571.142, Government Code, as added by this
Act, apply only to a sworn complaint filed with the Texas Ethics
Commission on or after September 1, 2009.
SECTION 5. This Act takes effect September 1, 2009.
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