82R10991 EES-D
By: Christian H.B. No. 2252
A BILL TO BE ENTITLED
AN ACT
relating to the selection of the presiding officer of and voting
requirements for action by the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.027(a), Government Code, is amended
to read as follows:
(a) A member of the commission may not participate in a
commission proceeding relating to any of the following actions if
the member is the subject of the action:
(1) a formal investigation by the commission;
(2) a sworn complaint filed with the commission; or
(3) a motion required to be adopted by vote of at least
five [six] members of the commission.
SECTION 2. Section 571.062(a), Government Code, is amended
to read as follows:
(a) The commission, on the affirmative vote of at least five
[six] members of the commission, may adopt rules to administer this
chapter or any other law administered and enforced by the
commission.
SECTION 3. Section 571.069(b), Government Code, is amended
to read as follows:
(b) The commission may by a vote of at least five [six]
commission members initiate a preliminary review as provided by
Section 571.124 or perform a complete audit of a statement or
report:
(1) if, before the 31st day after the date the
statement or report was originally due, the executive director does
not obtain from the person information that permits the executive
director to determine that the statement or report complies with
law;
(2) if a statement or report returned for resubmission
is not resubmitted within the time prescribed by Subsection (a); or
(3) on an affirmative vote of at least five [six]
commission members that a statement or report resubmitted under
Subsection (a), together with any corrections or additional
documentation, does not, in the opinion of the commission, comply
with the law requiring the statement or report.
SECTION 4. Section 571.121(a), Government Code, is amended
to read as follows:
(a) The commission may:
(1) hold hearings, on its own motion adopted by an
affirmative vote of at least five [six] commission members or on a
sworn complaint, and render decisions on complaints or reports of
violations as provided by this chapter; and
(2) agree to the settlement of issues.
SECTION 5. Section 571.124(b), Government Code, is amended
to read as follows:
(b) On a motion adopted by an affirmative vote of at least
five [six] commission members, the commission, without a sworn
complaint, may initiate a preliminary review of the matter that is
the subject of the motion.
SECTION 6. Section 571.1241(b), Government Code, is amended
to read as follows:
(b) The commission may reverse the executive director's
determination only on the affirmative vote of at least five [six]
members.
SECTION 7. Section 571.132(b), Government Code, is amended
to read as follows:
(b) The motion must be adopted by a vote of at least five
[six] members if the final decision is that a violation has occurred
or by four [five] members if the final decision is that a violation
has not occurred.
SECTION 8. Sections 571.137(a-1) and (b), Government Code,
are amended to read as follows:
(a-1) In connection with a preliminary review, the
commission, for good cause and as authorized by this chapter, may
subpoena documents and witnesses on application by the commission
staff and a motion adopted by a vote of at least five [six] members
of the commission, for the purpose of attempting to obtain from the
documents or witnesses specifically identified information, if the
commission reasonably believes that the specifically identified
information:
(1) is likely to be determinative as to whether the
subject of an investigation has violated a law within the
jurisdiction of the commission;
(2) can be determined from the documents or is known by
the witnesses; and
(3) is not reasonably available through a less
intrusive means.
(b) At the written request of at least five [six] members of
the commission, a peace officer shall serve a subpoena of the
commission in the manner prescribed for service of a district court
subpoena.
SECTION 9. Section 571.171(a), Government Code, is amended
to read as follows:
(a) On a motion adopted by an affirmative vote of at least
five [six] commission members, the commission may initiate civil
enforcement actions and refer matters to the appropriate
prosecuting attorney for criminal prosecution.
SECTION 10. Section 571.023, Government Code, is repealed.
SECTION 11. This Act takes effect on the date on which the
constitutional amendment proposed by the 82nd Legislature, Regular
Session, 2011, providing for a decrease in the size of the Texas
Ethics Commission from eight to six members appointed by the
governor to serve six-year terms and providing for the rotation of
the position of presiding officer of the Texas Ethics Commission is
approved by the voters. If that amendment is not approved by the
voters, this Act has no effect.