| 1 | 1 | | By: Rodriguez S.B. No. 334 |
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| 2 | 2 | | (Marquez) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to preliminary review of complaints filed with a county |
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| 8 | 8 | | ethics commission. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsections (b) and (e), Section 161.1551, Local |
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| 11 | 11 | | Government Code, are amended to read as follows: |
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| 12 | 12 | | (b) The standing preliminary review committee consists of |
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| 13 | 13 | | three persons, as follows: |
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| 14 | 14 | | (1) two members of the commission, determined as |
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| 15 | 15 | | provided by Subsection (c); and |
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| 16 | 16 | | (2) a review officer selected and retained by the |
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| 17 | 17 | | commission. |
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| 18 | 18 | | (e) The review officer must be a practicing attorney or |
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| 19 | 19 | | former judge. A commission member may serve as the review officer. |
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| 20 | 20 | | SECTION 2. Subsections (a) and (b), Section 161.159, Local |
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| 21 | 21 | | Government Code, are amended to read as follows: |
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| 22 | 22 | | (a) If the alleged violation is a Category One violation: |
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| 23 | 23 | | (1) the respondent must respond to the notice required |
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| 24 | 24 | | by Section 161.156(b) not later than the 14th day after the date the |
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| 25 | 25 | | respondent receives the notice; and |
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| 26 | 26 | | (2) if the matter is not resolved by agreement between |
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| 27 | 27 | | the standing preliminary review committee and the respondent before |
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| 28 | 28 | | the 30th day after the date the committee receives the respondent's |
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| 29 | 29 | | response to [respondent receives] the notice given under Section |
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| 30 | 30 | | 161.156(b), the committee shall set the matter for a preliminary |
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| 31 | 31 | | review hearing to be held at the next committee meeting. |
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| 32 | 32 | | (b) If the alleged violation is a Category Two violation: |
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| 33 | 33 | | (1) the respondent must respond to the notice required |
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| 34 | 34 | | by Section 161.156(b) not later than the 14th day after the date the |
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| 35 | 35 | | respondent receives the notice under Section 161.156(b); and |
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| 36 | 36 | | (2) if the matter is not resolved by agreement between |
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| 37 | 37 | | the standing preliminary review committee and the respondent before |
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| 38 | 38 | | the 30th day after the date the committee receives the respondent's |
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| 39 | 39 | | response to [respondent receives] the notice given under Section |
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| 40 | 40 | | 161.156(b), the committee shall set the matter for a preliminary |
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| 41 | 41 | | review hearing to be held at the next committee meeting. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2013. |
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