Texas 2011 - 82nd Regular

Texas Senate Bill SB1019 Compare Versions

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1	1	By: Rodriguez S.B. No. 1019
2	2	(Marquez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the county ethics commission for certain counties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 161.057, Local Government Code, is
10	10	amended by amending Subsection (a) and adding Subsection (a-1) to
11	11	read as follows:
12	12	(a) Members of the commission serve terms of two years.
13	13	Members appointed as provided by Section 161.055(a)(1) serve terms
14	14	beginning on February 1 of each odd-numbered year. Members
15	15	appointed as provided by Section 161.055(a)(2) serve terms
16	16	beginning on February 1 of each even-numbered year.
17	17	(a-1) To replace or reappoint the commission members
18	18	appointed as provided by Section 161.055(a)(2) whose terms expire
19	19	on January 31, 2013, the commissioners court shall appoint
20	20	commission members as provided by Section 161.055(a)(2) for
21	21	one-year terms to begin on February 1, 2013. Thereafter, members
22	22	appointed as provided by Section 161.055(a)(2) shall serve two-year
23	23	terms. To the extent of a conflict between this subsection and
24	24	Subsection (a), this subsection controls. This subsection expires
25	25	September 1, 2014.
26	26	SECTION 2. Section 161.0591, Local Government Code, is
27	27	amended by amending Subsection (a) and adding Subsection (c) to
28	28	read as follows:
29	29	(a) The position of chair is selected from the commission
30	30	members by a majority vote of the commission members. The chair
31	31	serves a term of [alternates every] six months [between members
32	32	appointed under Section 161.055(a)(1) and members appointed under
33	33	Section 161.055(a)(2) and rotates so that each position on the
34	34	commission serves as chair, as follows:
35	35	[(1) the rotation of members appointed under Section
36	36	161.055(a)(1) begins with the member appointed by the county judge,
37	37	followed by the members appointed by the county commissioners in
38	38	order of precinct number; and
39	39	[(2) the rotation of members appointed under Section
40	40	161.055(a)(2) begins with the member appointed under Section
41	41	161.055(a)(2)(A), followed by the members appointed under Sections
42	42	161.055(a)(2)(B), (C), (D), and (E) in that order].
43	43	(c) A commission member may decline to serve as chair.
44	44	SECTION 3. Subsections (a) and (c), Section 161.104, Local
45	45	Government Code, are amended to read as follows:
46	46	(a) Not later than the 30th [60th] day after the date a
47	47	person is appointed to the commission, the person must complete
48	48	training on the following matters:
49	49	(1) the legislation that created the commission;
50	50	(2) the role and functions of the commission; and
51	51	(3) the requirements of:
52	52	(A) the open meetings law, Chapter 551,
53	53	Government Code;
54	54	(B) the public information law, Chapter 552,
55	55	Government Code; and
56	56	(C) other laws relating to public officials,
57	57	including conflict-of-interest laws.
58	58	(c) A person who is appointed to and qualifies for office as
59	59	a member of the commission may not vote, deliberate, or be counted
60	60	as a member in attendance at a meeting of the commission after the
61	61	30th day after the date the person is appointed to the commission
62	62	unless [until] the person has completed [completes] a training
63	63	program as required by Subsection (a) [that complies with this
64	64	section].
65	65	SECTION 4. Section 161.105, Local Government Code, is
66	66	amended by amending Subsection (a) and adding Subsection (e) to
67	67	read as follows:
68	68	(a) The commission and commission staff shall make
69	69	available [provide] periodic training for persons covered by the
70	70	ethics code adopted by the commission [on at least a quarterly
71	71	basis].
72	72	(e) A person covered by the ethics code or a lobbyist or
73	73	vendor required by this section to complete training must complete
74	74	the training as determined by the commission.
75	75	SECTION 5. Subsection (d), Section 161.1551, Local
76	76	Government Code, is amended to read as follows:
77	77	(d) A commission member serves on the standing preliminary
78	78	review committee for six months. After the end of a commission
79	79	member term on the standing preliminary review committee, service
80	80	on the committee rotates so that each position on the commission
81	81	serves on the committee, beginning [as provided by Section 161.0591
82	82	for the rotation of the chair, except that the rotation begins] with
83	83	the initial members of the standing preliminary review committee
84	84	chosen under Subsection (c) and succeeded by the next member on the
85	85	list as described below:
86	86	(1) for the rotation of members appointed under
87	87	Section 161.055(a)(1), the order of service is the member appointed
88	88	by the county judge, followed by the members appointed by the county
89	89	commissioners in order of precinct number; and
90	90	(2) for the rotation of members appointed under
91	91	Section 161.055(a)(2), the order of service is the order listed by
92	92	that section.
93	93	SECTION 6. Subsections (b) through (e), Section 161.156,
94	94	Local Government Code, are amended to read as follows:
95	95	(b) Not later than the 14th [10th business] day after the
96	96	date a complaint is filed, the standing preliminary review
97	97	committee shall send written notice to the complainant and the
98	98	respondent. The notice must state whether the complaint complies
99	99	with the form requirements of Section 161.155 and include the
100	100	information required by Section 161.158(c).
101	101	(c) If the standing preliminary review committee determines
102	102	that the complaint does not comply with the form requirements, the
103	103	committee shall send the complaint to the complainant with the
104	104	written notice, a statement explaining how the complaint fails to
105	105	comply, and a copy of the rules for filing sworn complaints. The
106	106	complainant may resubmit the complaint not later than the 14th
107	107	[21st] day after the date the notice under Subsection (b) is mailed.
108	108	If the standing preliminary review committee determines that the
109	109	complaint is not resubmitted within the 14-day [21-day] period, the
110	110	committee shall:
111	111	(1) dismiss the complaint; and
112	112	(2) not later than the 14th [10th business] day after
113	113	the date of the dismissal, send written notice to the complainant
114	114	and the respondent of the dismissal and the grounds for dismissal.
115	115	(d) If the standing preliminary review committee determines
116	116	that a complaint is resubmitted under Subsection (c) within the
117	117	14-day [21-day] period but is not in proper form, the committee
118	118	shall send the notice required under Subsection (c), and the
119	119	complainant may resubmit the complaint under that subsection.
120	120	(e) If the standing preliminary review committee determines
121	121	that a complaint returned to the complainant under Subsection (c)
122	122	or (d) is resubmitted within the 14-day [21-day] period and that the
123	123	complaint complies with the form requirements, the committee shall
124	124	send the written notice under Subsection (b).
125	125	SECTION 7. Subsections (a) and (b), Section 161.157, Local
126	126	Government Code, are amended to read as follows:
127	127	(a) A county public servant [The county] may not suspend or
128	128	terminate the employment of or take other adverse action against a
129	129	county employee who in good faith files a complaint or otherwise
130	130	reports to the commission, commission staff, or another law
131	131	enforcement authority a violation of the ethics code by a person
132	132	subject to the ethics code.
133	133	(b) A county public servant [The county] may not suspend or
134	134	terminate the employment of or take other adverse action against a
135	135	county employee who in good faith participates in the complaint
136	136	processing, preliminary review, hearing, or any other aspect of the
137	137	investigation and resolution by the commission of an alleged
138	138	violation of the ethics code by a person subject to the ethics code.
139	139	SECTION 8. Subsection (d), Section 161.158, Local
140	140	Government Code, is amended to read as follows:
141	141	(d) If the standing preliminary review committee determines
142	142	that the commission does not have jurisdiction over the violation
143	143	alleged in the complaint, the committee shall:
144	144	(1) dismiss the complaint; and
145	145	(2) not later than the 14th [10th business] day after
146	146	the date of the dismissal, send to the complainant and the
147	147	respondent written notice of the dismissal and the grounds for the
148	148	dismissal.
149	149	SECTION 9. Subsections (a) and (b), Section 161.159, Local
150	150	Government Code, are amended to read as follows:
151	151	(a) If the alleged violation is a Category One violation:
152	152	(1) the respondent must respond to the notice required
153	153	by Section 161.156(b) not later than the 14th [10th business] day
154	154	after the date the respondent receives the notice; and
155	155	(2) if the matter is not resolved by agreement between
156	156	the standing preliminary review committee [commission] and the
157	157	respondent before the 30th [business] day after the date the
158	158	respondent receives the notice under Section 161.156(b), the
159	159	[standing preliminary review] committee shall set the matter for a
160	160	preliminary review hearing to be held at the next committee meeting
161	161	[for which notice has not yet been posted].
162	162	(b) If the alleged violation is a Category Two violation:
163	163	(1) the respondent must respond to the notice required
164	164	by Section 161.156(b) not later than the 14th [25th business] day
165	165	after the date the respondent receives the notice under Section
166	166	161.156(b); and
167	167	(2) if the matter is not resolved by agreement between
168	168	the standing preliminary review committee [commission] and the
169	169	respondent before the 30th [75th business] day after the date the
170	170	respondent receives the notice under Section 161.156(b), the
171	171	[standing preliminary review] committee shall set the matter for a
172	172	preliminary review hearing to be held at the next committee meeting
173	173	[for which notice has not yet been posted].
174	174	SECTION 10. Subsections (b), (c), and (d), Section 161.163,
175	175	Local Government Code, are amended to read as follows:
176	176	(b) If the standing preliminary review committee determines
177	177	that there is credible evidence for the committee to determine that
178	178	a violation has occurred, the committee shall resolve and settle
179	179	the complaint to the extent possible. If the committee
180	180	successfully resolves and settles the complaint, not later than the
181	181	14th [10th business] day after the date of the final resolution of
182	182	the complaint, the committee shall send to the complainant and the
183	183	respondent a copy of the order stating the committee's
184	184	determination and written notice of the resolution and the terms of
185	185	the resolution. If the committee is unsuccessful in resolving and
186	186	settling the complaint, the committee shall:
187	187	(1) order a formal hearing to be held in accordance
188	188	with Sections 161.164-161.167; and
189	189	(2) not later than the 14th [10th business] day after
190	190	the date of the order, send to the complainant and the respondent:
191	191	(A) a copy of the order;
192	192	(B) written notice of the date, time, and place
193	193	of the formal hearing;
194	194	(C) a statement of the nature of the alleged
195	195	violation;
196	196	(D) a description of the evidence of the alleged
197	197	violation;
198	198	(E) a copy of the complaint;
199	199	(F) a copy of the commission's rules of
200	200	procedure; and
201	201	(G) a statement of the rights of the respondent.
202	202	(c) If the standing preliminary review committee determines
203	203	that there is credible evidence for the committee to determine that
204	204	a violation within the jurisdiction of the commission has not
205	205	occurred, the committee shall:
206	206	(1) dismiss the complaint; and
207	207	(2) not later than the 10th [fifth business] day after
208	208	the date of the dismissal, send to the complainant and the
209	209	respondent a copy of the order stating the committee's
210	210	determination and written notice of the dismissal and the grounds
211	211	for dismissal.
212	212	(d) If the standing preliminary review committee determines
213	213	that there is insufficient credible evidence for the committee to
214	214	determine that a violation within the jurisdiction of the
215	215	commission has occurred, the commission may dismiss the complaint
216	216	or order a formal hearing under Sections 161.164-161.167. Not
217	217	later than the 10th [fifth business] day after the date of the
218	218	committee's determination under this subsection, the committee
219	219	shall send to the complainant and the respondent a copy of the
220	220	decision stating the committee's determination and written notice
221	221	of the grounds for the determination.
222	222	SECTION 11. Subsection (a), Section 161.166, Local
223	223	Government Code, is amended to read as follows:
224	224	(a) Not later than the 10th [fifth business] day before the
225	225	date of a scheduled formal hearing or on the granting of a motion
226	226	for discovery by the respondent, the commission shall provide to
227	227	the respondent:
228	228	(1) a list of proposed witnesses to be called at the
229	229	hearing;
230	230	(2) copies of all documents expected to be introduced
231	231	as exhibits at the hearing; and
232	232	(3) a brief statement as to the nature of the testimony
233	233	expected to be given by each witness to be called at the hearing.
234	234	SECTION 12. Subsections (a) and (c), Section 161.167, Local
235	235	Government Code, are amended to read as follows:
236	236	(a) At the conclusion of the formal hearing or not [Not]
237	237	later than the 40th [30th business] day after the date of the formal
238	238	hearing, the commission may [shall] convene a meeting and by motion
239	239	shall issue:
240	240	(1) a final decision stating the resolution of the
241	241	formal hearing; and
242	242	(2) a written report stating the commission's findings
243	243	of fact, conclusions of law, and recommendation of imposition of a
244	244	civil penalty, if any.
245	245	(c) Not later than the 14th [10th business] day after the
246	246	date the commission issues the final decision and written report,
247	247	the commission shall:
248	248	(1) send a copy of the decision and report to the
249	249	complainant and to the respondent; and
250	250	(2) make a copy of the decision and report available to
251	251	the public during reasonable business hours.
252	252	SECTION 13. Subsections (d) and (e), Section 161.168, Local
253	253	Government Code, are amended to read as follows:
254	254	(d) The commission shall resolve a complaint within three
255	255	[six] months of its receipt unless it makes a determination that
256	256	additional time is required to resolve the matter. On a
257	257	determination that additional time is required, the commission may
258	258	extend the investigation in three-month increments. Each extension
259	259	requires separate approval by the commission.
260	260	(e) If the commission does not resolve the matter within
261	261	three [six] months or within an authorized extension, the complaint
262	262	shall be deemed to have been dismissed without prejudice.
263	263	SECTION 14. Subsection (b), Section 161.172, Local
264	264	Government Code, is amended to read as follows:
265	265	(b) Chapter 551, Government Code, does not apply to the
266	266	processing, preliminary review, preliminary review hearing, or
267	267	resolution of a sworn complaint, but does apply to the conduct of a
268	268	formal hearing [held] under Sections 161.164-161.167. Chapter 551,
269	269	Government Code, does not apply to the deliberation by the
270	270	commission regarding a contested complaint following the
271	271	conclusion of a formal hearing, but does apply to the meeting at
272	272	which the commission issues a final decision stating the resolution
273	273	of the final hearing.
274	274	SECTION 15. Subsections (a) and (b), Section 161.173, Local
275	275	Government Code, are amended to read as follows:
276	276	(a) Except as provided by Subsection (b), (c), or (m),
277	277	proceedings at a preliminary review hearing performed by the
278	278	standing preliminary review committee [commission], a sworn
279	279	complaint, and documents and any additional evidence relating to
280	280	the processing, preliminary review, preliminary review hearing, or
281	281	resolution of a sworn complaint are confidential and may not be
282	282	disclosed unless entered into the record of a formal hearing or a
283	283	judicial proceeding, except that a document or statement that was
284	284	previously public information remains public information.
285	285	(b) An order issued by the standing preliminary review
286	286	committee [commission] after the completion of a preliminary review
287	287	or hearing determining that a violation other than a technical or de
288	288	minimis violation has occurred is not confidential.
289	289	SECTION 16. The change in law made by this Act to Section
290	290	161.057, Local Government Code, applies only to the term of a member
291	291	of a county ethics commission appointed on or after the effective
292	292	date of this Act. The term of a member appointed before the
293	293	effective date of this Act is governed by the law in effect when the
294	294	member was appointed, and the former law is continued in effect for
295	295	that purpose.
296	296	SECTION 17. This Act takes effect September 1, 2011.