Texas 2009 - 81st Regular

Texas House Bill HB677 Compare Versions

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Old	New	Differences
1	1	H.B. No. 677
2	2
3	3
4	4	AN ACT
5	5	relating to violations of laws administered and enforced by the
6	6	Texas Ethics Commission and to sworn complaints alleging such
7	7	violations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 571, Government Code, is
10	10	amended by adding Section 571.0631 to read as follows:
11	11	Sec. 571.0631. RULES CONCERNING TECHNICAL AND CLERICAL
12	12	VIOLATIONS. The commission shall adopt rules prescribing
13	13	procedures for investigating and resolving technical and clerical
14	14	violations of laws within the commission's jurisdiction. For
15	15	registrations and reports filed under Chapter 305, the commission
16	16	shall consider clerical violations to include obvious
17	17	typographical errors. A registrant filing a registration or report
18	18	under Chapter 305 may correct obvious typographical errors without
19	19	penalty by filing either a corrected registration or report or an
20	20	updated or amended registration or report.
21	21	SECTION 2. Section 571.122, Government Code, is amended by
22	22	adding Subsection (b-1) to read as follows:
23	23	(b-1) To be eligible to file a sworn complaint with the
24	24	commission, an individual must be a resident of this state or must
25	25	own real property in this state. A copy of one of the following
26	26	documents must be attached to the complaint:
27	27	(1) the complainant's driver's license or personal
28	28	identification certificate issued under Chapter 521,
29	29	Transportation Code, or commercial driver's license issued under
30	30	Chapter 522, Transportation Code;
31	31	(2) a utility bill, bank statement, government check,
32	32	paycheck, or other government document that:
33	33	(A) shows the name and address of the
34	34	complainant; and
35	35	(B) is dated not more than 30 days before the date
36	36	on which the complaint is filed; or
37	37	(3) a property tax bill, notice of appraised value, or
38	38	other government document that:
39	39	(A) shows the name of the complainant;
40	40	(B) shows the address of real property in this
41	41	state; and
42	42	(C) identifies the complainant as the owner of
43	43	the real property.
44	44	SECTION 3. Subchapter E, Chapter 571, Government Code, is
45	45	amended by adding Section 571.142 to read as follows:
46	46	Sec. 571.142. LIABILITY FOR RESPONDENT'S COSTS. (a) This
47	47	section applies only to a sworn complaint if:
48	48	(1) the complaint was filed after the 30th day before
49	49	the date of an election;
50	50	(2) the respondent is a candidate in the election; and
51	51	(3) the complaint alleges a violation other than a
52	52	technical or clerical violation.
53	53	(b) If, in disposing of a sworn complaint to which this
54	54	section applies, the commission determines that a violation within
55	55	the commission's jurisdiction has not occurred, the complainant is
56	56	liable for the respondent's reasonable and necessary attorney's
57	57	fees and other costs incurred in defending against the complaint.
58	58	(c) This section does not apply to a sworn complaint
59	59	regarding a reporting omission required by law.
60	60	SECTION 4. Section 571.122, Government Code, as amended by
61	61	this Act, and Section 571.142, Government Code, as added by this
62	62	Act, apply only to a sworn complaint filed with the Texas Ethics
63	63	Commission on or after September 1, 2009.
64	64	SECTION 5. This Act takes effect September 1, 2009.
65	65	______________________________ ______________________________
66	66	President of the Senate Speaker of the House
67	67	I certify that H.B. No. 677 was passed by the House on April
68	68	28, 2009, by the following vote: Yeas 107, Nays 36, 2 present, not
69	69	voting; and that the House concurred in Senate amendments to H.B.
70	70	No. 677 on May 29, 2009, by the following vote: Yeas 129, Nays 2, 1
71	71	present, not voting.
72	72	______________________________
73	73	Chief Clerk of the House
74	74	I certify that H.B. No. 677 was passed by the Senate, with
75	75	amendments, on May 26, 2009, by the following vote: Yeas 30, Nays
76	76	1.
77	77	______________________________
78	78	Secretary of the Senate
79	79	APPROVED: __________________
80	80	Date
81	81	__________________
82	82	Governor