Texas 2011 - 82nd Regular

Texas House Bill HB2002 Compare Versions

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1	1	By: Marquez (Senate Sponsor - Rodriguez) H.B. No. 2002
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	May 4, 2011, read first time and referred to Committee on
4	4	International Relations and Trade; May 10, 2011, reported
5	5	favorably by the following vote: Yeas 5, Nays 0; May 10, 2011,
6	6	sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the county ethics commission for certain counties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 161.057, Local Government Code, is
14	14	amended by amending Subsection (a) and adding Subsection (a-1) to
15	15	read as follows:
16	16	(a) Members of the commission serve terms of two years.
17	17	Members appointed as provided by Section 161.055(a)(1) serve terms
18	18	beginning on February 1 of each odd-numbered year. Members
19	19	appointed as provided by Section 161.055(a)(2) serve terms
20	20	beginning on February 1 of each even-numbered year.
21	21	(a-1) To replace or reappoint the commission members
22	22	appointed as provided by Section 161.055(a)(2) whose terms expire
23	23	on January 31, 2013, the commissioners court shall appoint
24	24	commission members as provided by Section 161.055(a)(2) for
25	25	one-year terms to begin on February 1, 2013. Thereafter, members
26	26	appointed as provided by Section 161.055(a)(2) shall serve two-year
27	27	terms. To the extent of a conflict between this subsection and
28	28	Subsection (a), this subsection controls. This subsection expires
29	29	September 1, 2014.
30	30	SECTION 2. Section 161.0591, Local Government Code, is
31	31	amended by amending Subsection (a) and adding Subsection (c) to
32	32	read as follows:
33	33	(a) The position of chair is selected from the commission
34	34	members by a majority vote of the commission members. The chair
35	35	serves a term of [alternates every] six months [between members
36	36	appointed under Section 161.055(a)(1) and members appointed under
37	37	Section 161.055(a)(2) and rotates so that each position on the
38	38	commission serves as chair, as follows:
39	39	[(1) the rotation of members appointed under Section
40	40	161.055(a)(1) begins with the member appointed by the county judge,
41	41	followed by the members appointed by the county commissioners in
42	42	order of precinct number; and
43	43	[(2) the rotation of members appointed under Section
44	44	161.055(a)(2) begins with the member appointed under Section
45	45	161.055(a)(2)(A), followed by the members appointed under Sections
46	46	161.055(a)(2)(B), (C), (D), and (E) in that order].
47	47	(c) A commission member may decline to serve as chair.
48	48	SECTION 3. Sections 161.104(a) and (c), Local Government
49	49	Code, are amended to read as follows:
50	50	(a) Not later than the 30th [60th] day after the date a
51	51	person is appointed to the commission, the person must complete
52	52	training on the following matters:
53	53	(1) the legislation that created the commission;
54	54	(2) the role and functions of the commission; and
55	55	(3) the requirements of:
56	56	(A) the open meetings law, Chapter 551,
57	57	Government Code;
58	58	(B) the public information law, Chapter 552,
59	59	Government Code; and
60	60	(C) other laws relating to public officials,
61	61	including conflict-of-interest laws.
62	62	(c) A person who is appointed to and qualifies for office as
63	63	a member of the commission may not vote, deliberate, or be counted
64	64	as a member in attendance at a meeting of the commission after the
65	65	30th day after the date the person is appointed to the commission
66	66	unless [until] the person has completed [completes] a training
67	67	program as required by Subsection (a) [that complies with this
68	68	section].
69	69	SECTION 4. Section 161.105, Local Government Code, is
70	70	amended by amending Subsection (a) and adding Subsection (e) to
71	71	read as follows:
72	72	(a) The commission and commission staff shall make
73	73	available [provide] periodic training for persons covered by the
74	74	ethics code adopted by the commission [on at least a quarterly
75	75	basis].
76	76	(e) A person covered by the ethics code or a lobbyist or
77	77	vendor required by this section to complete training must complete
78	78	the training as determined by the commission.
79	79	SECTION 5. Section 161.1551(d), Local Government Code, is
80	80	amended to read as follows:
81	81	(d) A commission member serves on the standing preliminary
82	82	review committee for six months. After the end of a commission
83	83	member term on the standing preliminary review committee, service
84	84	on the committee rotates so that each position on the commission
85	85	serves on the committee, beginning [as provided by Section 161.0591
86	86	for the rotation of the chair, except that the rotation begins] with
87	87	the initial members of the standing preliminary review committee
88	88	chosen under Subsection (c) and succeeded by the next member on the
89	89	list as described below:
90	90	(1) for the rotation of members appointed under
91	91	Section 161.055(a)(1), the order of service is the member appointed
92	92	by the county judge, followed by the members appointed by the county
93	93	commissioners in order of precinct number; and
94	94	(2) for the rotation of members appointed under
95	95	Section 161.055(a)(2), the order of service is the order listed by
96	96	that section.
97	97	SECTION 6. Sections 161.156(b), (c), (d), and (e), Local
98	98	Government Code, are amended to read as follows:
99	99	(b) Not later than the 14th [10th business] day after the
100	100	date a complaint is filed, the standing preliminary review
101	101	committee shall send written notice to the complainant and the
102	102	respondent. The notice must state whether the complaint complies
103	103	with the form requirements of Section 161.155 and include the
104	104	information required by Section 161.158(c).
105	105	(c) If the standing preliminary review committee determines
106	106	that the complaint does not comply with the form requirements, the
107	107	committee shall send the complaint to the complainant with the
108	108	written notice, a statement explaining how the complaint fails to
109	109	comply, and a copy of the rules for filing sworn complaints. The
110	110	complainant may resubmit the complaint not later than the 14th
111	111	[21st] day after the date the notice under Subsection (b) is
112	112	mailed. If the standing preliminary review committee determines
113	113	that the complaint is not resubmitted within the 14-day [21-day]
114	114	period, the committee shall:
115	115	(1) dismiss the complaint; and
116	116	(2) not later than the 14th [10th business] day after
117	117	the date of the dismissal, send written notice to the complainant
118	118	and the respondent of the dismissal and the grounds for dismissal.
119	119	(d) If the standing preliminary review committee determines
120	120	that a complaint is resubmitted under Subsection (c) within the
121	121	14-day [21-day] period but is not in proper form, the committee
122	122	shall send the notice required under Subsection (c), and the
123	123	complainant may resubmit the complaint under that subsection.
124	124	(e) If the standing preliminary review committee determines
125	125	that a complaint returned to the complainant under Subsection (c)
126	126	or (d) is resubmitted within the 14-day [21-day] period and that the
127	127	complaint complies with the form requirements, the committee shall
128	128	send the written notice under Subsection (b).
129	129	SECTION 7. Sections 161.157(a) and (b), Local Government
130	130	Code, are amended to read as follows:
131	131	(a) A county public servant [The county] may not suspend or
132	132	terminate the employment of or take other adverse action against a
133	133	county employee who in good faith files a complaint or otherwise
134	134	reports to the commission, commission staff, or another law
135	135	enforcement authority a violation of the ethics code by a person
136	136	subject to the ethics code.
137	137	(b) A county public servant [The county] may not suspend or
138	138	terminate the employment of or take other adverse action against a
139	139	county employee who in good faith participates in the complaint
140	140	processing, preliminary review, hearing, or any other aspect of the
141	141	investigation and resolution by the commission of an alleged
142	142	violation of the ethics code by a person subject to the ethics code.
143	143	SECTION 8. Section 161.158(d), Local Government Code, is
144	144	amended to read as follows:
145	145	(d) If the standing preliminary review committee determines
146	146	that the commission does not have jurisdiction over the violation
147	147	alleged in the complaint, the committee shall:
148	148	(1) dismiss the complaint; and
149	149	(2) not later than the 14th [10th business] day after
150	150	the date of the dismissal, send to the complainant and the
151	151	respondent written notice of the dismissal and the grounds for the
152	152	dismissal.
153	153	SECTION 9. Sections 161.159(a) and (b), Local Government
154	154	Code, are amended to read as follows:
155	155	(a) If the alleged violation is a Category One violation:
156	156	(1) the respondent must respond to the notice required
157	157	by Section 161.156(b) not later than the 14th [10th business] day
158	158	after the date the respondent receives the notice; and
159	159	(2) if the matter is not resolved by agreement between
160	160	the standing preliminary review committee [commission] and the
161	161	respondent before the 30th [business] day after the date the
162	162	respondent receives the notice under Section 161.156(b), the
163	163	[standing preliminary review] committee shall set the matter for a
164	164	preliminary review hearing to be held at the next committee meeting
165	165	[for which notice has not yet been posted].
166	166	(b) If the alleged violation is a Category Two violation:
167	167	(1) the respondent must respond to the notice required
168	168	by Section 161.156(b) not later than the 14th [25th business] day
169	169	after the date the respondent receives the notice under Section
170	170	161.156(b); and
171	171	(2) if the matter is not resolved by agreement between
172	172	the standing preliminary review committee [commission] and the
173	173	respondent before the 30th [75th business] day after the date the
174	174	respondent receives the notice under Section 161.156(b), the
175	175	[standing preliminary review] committee shall set the matter for a
176	176	preliminary review hearing to be held at the next committee meeting
177	177	[for which notice has not yet been posted].
178	178	SECTION 10. Sections 161.163(b), (c), and (d), Local
179	179	Government Code, are amended to read as follows:
180	180	(b) If the standing preliminary review committee determines
181	181	that there is credible evidence for the committee to determine that
182	182	a violation has occurred, the committee shall resolve and settle
183	183	the complaint to the extent possible. If the committee
184	184	successfully resolves and settles the complaint, not later than the
185	185	14th [10th business] day after the date of the final resolution of
186	186	the complaint, the committee shall send to the complainant and the
187	187	respondent a copy of the order stating the committee's
188	188	determination and written notice of the resolution and the terms of
189	189	the resolution. If the committee is unsuccessful in resolving and
190	190	settling the complaint, the committee shall:
191	191	(1) order a formal hearing to be held in accordance
192	192	with Sections 161.164-161.167; and
193	193	(2) not later than the 14th [10th business] day after
194	194	the date of the order, send to the complainant and the respondent:
195	195	(A) a copy of the order;
196	196	(B) written notice of the date, time, and place
197	197	of the formal hearing;
198	198	(C) a statement of the nature of the alleged
199	199	violation;
200	200	(D) a description of the evidence of the alleged
201	201	violation;
202	202	(E) a copy of the complaint;
203	203	(F) a copy of the commission's rules of
204	204	procedure; and
205	205	(G) a statement of the rights of the respondent.
206	206	(c) If the standing preliminary review committee determines
207	207	that there is credible evidence for the committee to determine that
208	208	a violation within the jurisdiction of the commission has not
209	209	occurred, the committee shall:
210	210	(1) dismiss the complaint; and
211	211	(2) not later than the 10th [fifth business] day after
212	212	the date of the dismissal, send to the complainant and the
213	213	respondent a copy of the order stating the committee's
214	214	determination and written notice of the dismissal and the grounds
215	215	for dismissal.
216	216	(d) If the standing preliminary review committee determines
217	217	that there is insufficient credible evidence for the committee to
218	218	determine that a violation within the jurisdiction of the
219	219	commission has occurred, the commission may dismiss the complaint
220	220	or order a formal hearing under Sections 161.164-161.167. Not
221	221	later than the 10th [fifth business] day after the date of the
222	222	committee's determination under this subsection, the committee
223	223	shall send to the complainant and the respondent a copy of the
224	224	decision stating the committee's determination and written notice
225	225	of the grounds for the determination.
226	226	SECTION 11. Section 161.166(a), Local Government Code, is
227	227	amended to read as follows:
228	228	(a) Not later than the 10th [fifth business] day before the
229	229	date of a scheduled formal hearing or on the granting of a motion
230	230	for discovery by the respondent, the commission shall provide to
231	231	the respondent:
232	232	(1) a list of proposed witnesses to be called at the
233	233	hearing;
234	234	(2) copies of all documents expected to be introduced
235	235	as exhibits at the hearing; and
236	236	(3) a brief statement as to the nature of the testimony
237	237	expected to be given by each witness to be called at the hearing.
238	238	SECTION 12. Sections 161.167(a) and (c), Local Government
239	239	Code, are amended to read as follows:
240	240	(a) At the conclusion of the formal hearing or not [Not]
241	241	later than the 40th [30th business] day after the date of the formal
242	242	hearing, the commission may [shall] convene a meeting and by motion
243	243	shall issue:
244	244	(1) a final decision stating the resolution of the
245	245	formal hearing; and
246	246	(2) a written report stating the commission's findings
247	247	of fact, conclusions of law, and recommendation of imposition of a
248	248	civil penalty, if any.
249	249	(c) Not later than the 14th [10th business] day after the
250	250	date the commission issues the final decision and written report,
251	251	the commission shall:
252	252	(1) send a copy of the decision and report to the
253	253	complainant and to the respondent; and
254	254	(2) make a copy of the decision and report available to
255	255	the public during reasonable business hours.
256	256	SECTION 13. Sections 161.168(d) and (e), Local Government
257	257	Code, are amended to read as follows:
258	258	(d) The commission shall resolve a complaint within three
259	259	[six] months of its receipt unless it makes a determination that
260	260	additional time is required to resolve the matter. On a
261	261	determination that additional time is required, the commission may
262	262	extend the investigation in three-month increments. Each
263	263	extension requires separate approval by the commission.
264	264	(e) If the commission does not resolve the matter within
265	265	three [six] months or within an authorized extension, the complaint
266	266	shall be deemed to have been dismissed without prejudice.
267	267	SECTION 14. Section 161.172(b), Local Government Code, is
268	268	amended to read as follows:
269	269	(b) Chapter 551, Government Code, does not apply to the
270	270	processing, preliminary review, preliminary review hearing, or
271	271	resolution of a sworn complaint, but does apply to the conduct of a
272	272	formal hearing [held] under Sections 161.164-161.167. Chapter 551,
273	273	Government Code, does not apply to the deliberation by the
274	274	commission regarding a contested complaint following the
275	275	conclusion of a formal hearing, but does apply to the meeting at
276	276	which the commission issues a final decision stating the resolution
277	277	of the final hearing.
278	278	SECTION 15. Sections 161.173(a) and (b), Local Government
279	279	Code, are amended to read as follows:
280	280	(a) Except as provided by Subsection (b), (c), or (m),
281	281	proceedings at a preliminary review hearing performed by the
282	282	standing preliminary review committee [commission], a sworn
283	283	complaint, and documents and any additional evidence relating to
284	284	the processing, preliminary review, preliminary review hearing, or
285	285	resolution of a sworn complaint are confidential and may not be
286	286	disclosed unless entered into the record of a formal hearing or a
287	287	judicial proceeding, except that a document or statement that was
288	288	previously public information remains public information.
289	289	(b) An order issued by the standing preliminary review
290	290	committee [commission] after the completion of a preliminary review
291	291	or hearing determining that a violation other than a technical or de
292	292	minimis violation has occurred is not confidential.
293	293	SECTION 16. The change in law made by this Act to Section
294	294	161.057, Local Government Code, applies only to the term of a member
295	295	of a county ethics commission appointed on or after the effective
296	296	date of this Act. The term of a member appointed before the
297	297	effective date of this Act is governed by the law in effect when the
298	298	member was appointed, and the former law is continued in effect for
299	299	that purpose.
300	300	SECTION 17. This Act takes effect September 1, 2011.
301	301	* * * * *