Texas 2015 - 84th Regular

Texas House Bill HB22 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R17891 EES-F
2	1		By: Davis of Harris H.B. No. 22
3		-	Substitute the following for H.B. No. 22:
4		-	By: Cook C.S.H.B. No. 22
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the powers and duties of the Texas Ethics Commission;
	6	+	relati
	7	+	ng to the powers and duties of the Texas Ethics Commission;
10	8		creating a criminal offense.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Subchapter B, Chapter 571, Government Code, is
13		-	amended by adding Section 571.033 to read as follows:
14		-	Sec. 571.033. NOTIFICATION PROCEDURES. The commission
15		-	shall adopt rules prescribing how the commission will notify any
16		-	person or provide any notice required by this subtitle, Chapter
17		-	305, or Title 15, Election Code.
18		-	SECTION 2. Section 571.061(a), Government Code, is amended
	10	+	SECTION 1. Section 571.061(a), Government Code, is amended
19	11		to read as follows:
20	12		(a) The commission shall administer and enforce:
21	13		(1) Chapters 302, 303, 305, 572, and 2004;
22	14		(2) Chapter 145, Local Government Code, in connection
23	15		with a municipal officer, as defined by that chapter, to the extent
24	16		that the municipal officer is required by that chapter to file a
25	17		financial statement that complies with Chapter 572;
26	18		(3) [Subchapter C,] Chapter 159, Local Government
27	19		Code, in connection with a county judicial officer, county officer,
28	20		or precinct officer to whom that chapter applies, to the extent that
29	21		the county judicial officer, county officer, or precinct officer is
30	22		required by that chapter to file a financial statement that
31	23		complies with Chapter 572 [as defined by Section 159.051, Local
32	24		Government Code, who elects to file a financial statement with the
33	25		commission];
34	26		(4) [(3)] Title 15, Election Code; [and]
35	27		(5) [(4)] Sections 30.00044(j), 2152.064, and
36	28		2155.003; and
37	29		(6) any requirement under state law that a local
38	30		officer in this state file a financial statement that complies with
39	31		Chapter 572.
40		-	SECTION 3. Section 571.0671, Government Code, is amended by
	32	+	SECTION 2. Section 571.0671, Government Code, is amended by
41	33		adding Subsection (d) to read as follows:
42	34		(d) Electronic report data saved in a commission temporary
43	35		storage location for later retrieval and editing before the report
44	36		is filed is confidential and may not be disclosed. After the report
45	37		is filed, the information disclosed in the report is subject to the
46	38		law requiring the filing of the report.
47		-	SECTION 4. Section 571.091(a), Government Code, is amended
	39	+	SECTION 3. Section 571.091(a), Government Code, is amended
48	40		to read as follows:
49	41		(a) The commission shall prepare a written opinion
50	42		answering the request of a person subject to any of the following
51	43		laws for an opinion about the application of any of these laws to
52	44		the person in regard to a specified existing or hypothetical
53	45		factual situation:
54	46		(1) Chapter 302;
55	47		(2) Chapter 303;
56	48		(3) Chapter 305;
57	49		(4) Chapter 2004;
58	50		(5) Chapter 572;
59	51		(6) [Subchapter C,] Chapter 145 or 159, Local
60	52		Government Code, as provided by Section 571.061(a)(2) or (3), as
61	53		applicable;
62	54		(7) Title 15, Election Code;
63	55		(8) Chapter 36, Penal Code;
64	56		(9) Chapter 39, Penal Code;
65	57		(10) Section 2152.064; [or]
66	58		(11) Section 2155.003;
67	59		(12) Section 30.00044(j); or
68	60		(13) any other law that the commission is directed to
69	61		administer and enforce under Section 571.061.
70		-	SECTION 5. Section 571.140(a), Government Code, is amended
	62	+	SECTION 4. Section 571.125, Government Code, is amended by
	63	+	adding Subsection (f) to read as follows:
	64	+	(f) Counsel for the respondent may subpoena a witness to a
	65	+	preliminary review hearing in the same manner as an attorney may
	66	+	issue a subpoena in a proceeding in a county or district court.
	67	+	SECTION 5. Section 571.130, Government Code, is amended by
	68	+	adding Subsection (f) to read as follows:
	69	+	(f) Counsel for the respondent may subpoena a witness to a
	70	+	formal hearing in the same manner as an attorney may issue a
	71	+	subpoena in a proceeding in a county or district court.
	72	+	SECTION 6. Section 571.140(a), Government Code, is amended
71	73		to read as follows:
72	74		(a) Except as provided by Subsection (b) or (b-1) or by
73	75		Section 571.1401 or 571.171, proceedings at a preliminary review
74	76		hearing performed by the commission, a sworn complaint, and
75	77		documents and any additional evidence relating to the processing,
76	78		preliminary review, preliminary review hearing, or resolution of a
77	79		sworn complaint or motion are confidential and may not be disclosed
78	80		unless entered into the record of a formal hearing or a judicial
79	81		proceeding, except that a document or statement that was previously
80	82		public information remains public information.
81		-	SECTION 6. Subchapter E, Chapter 571, Government Code, is
	83	+	SECTION 7. Subchapter E, Chapter 571, Government Code, is
82	84		amended by adding Section 571.1401 to read as follows:
83	85		Sec. 571.1401. CERTAIN DISCLOSURE OF INFORMATION. (a) To
84	86		protect the public interest, the commission may disclose to a law
85	87		enforcement agency information that is confidential under Section
86	88		571.140(a).
87	89		(b) The commission may disclose information under this
88	90		section only to the extent necessary for the recipient of the
89	91		information to perform a duty or function that is in addition to the
90	92		commission's duties and functions.
91	93		(c) Information disclosed to a law enforcement agency under
92	94		this section remains confidential, and the agency must take
93	95		appropriate measures to maintain that confidentiality.
94	96		(d) A person commits an offense if the person discloses
95	97		confidential information obtained under this section. An offense
96	98		under this subsection is a Class C misdemeanor.
97		-	SECTION 7. Section 571.176(a), Government Code, is amended
98		-	to read as follows:
	99	+	SECTION 8. Section 571.176, Government Code, is amended by
	100	+	amending Subsections (a) and (b) and adding Subsection (a-1) to
	101	+	read as follows:
99	102		(a) The commission may impose a civil penalty of not more
100	103		than $10,000 for the filing of a frivolous or bad-faith complaint.
101	104		In this section:
102	105		(1) a complaint is frivolous if the complaint
103	106		[subsection, "frivolous complaint" means a complaint that] is
104	107		groundless and brought in bad faith or is groundless and brought for
105	108		the purpose of harassment; and
106	109		(2) a complaint is groundless if the complaint does
107	110		not allege a violation of the law that is material, nonclerical, or
108	111		nontechnical.
109		-	SECTION 8. Sections 572.030(b), (c), and (d), Government
	112	+	(a-1) The commission shall award to the respondent of a
	113	+	frivolous complaint:
	114	+	(1) costs, reasonable attorney's fees, and other
	115	+	expenses incurred in defending against the complaint as justice and
	116	+	equity may require; and
	117	+	(2) sanctions against the person who filed the
	118	+	complaint as the commission determines sufficient to deter the
	119	+	person from filing similar frivolous complaints.
	120	+	(b) In addition to other penalties, a person who files a
	121	+	frivolous complaint is civilly liable to the respondent in an
	122	+	amount equal to the greater of $10,000 or the amount of actual
	123	+	damages incurred by the respondent[, including court costs and
	124	+	attorney fees].
	125	+	SECTION 9. Sections 572.030(b), (c), and (d), Government
110	126		Code, are amended to read as follows:
111	127		(b) The commission shall notify [mail to] each individual
112	128		required to file under this subchapter of [a notice that]:
113	129		(1) the requirement [states] that the individual [is
114	130		required to] file a financial statement under this subchapter;
115	131		(2) [identifies] the filing dates for the financial
116	132		statement as provided by Sections 572.026 and 572.027; and
117	133		(3) [describes] the manner in which the individual may
118	134		electronically file the financial statement and access
119	135		instructions for filing financial statements on [obtain the
120	136		financial statement forms and instructions from] the commission's
121	137		Internet website[;
122	138		[(4) states that on request of the individual, the
123	139		commission will mail to the individual a copy of the financial
124	140		statement forms and instructions; and
125	141		[(5) states, if applicable, the fee for mailing the
126	142		forms and instructions and the manner in which the individual may
127	143		pay the fee].
128	144		(c) Except as provided by commission rule, the notification
129	145		[The notice] required by Subsection (b) must be provided [mailed]:
130	146		(1) before the 30th day before the deadline for filing
131	147		the financial statement under Section 572.026(a) or (c), except as
132	148		otherwise provided by this subsection;
133	149		(2) not later than the 15th day after the applicable
134	150		deadline for filing an application for a place on the ballot or a
135	151		declaration of write-in candidacy for candidates required to file
136	152		under Section 572.027(a), (b), or (c);
137	153		(3) not later than the seventh day after the date of
138	154		appointment for individuals required to file under Section
139	155		572.026(b), or if the legislature is in session, sooner if
140	156		possible; and
141	157		(4) not later than the fifth day after the date the
142	158		certificate of nomination is filed for candidates required to file
143	159		under Section 572.027(d) [574.027(d)].
144	160		(d) Except as provided by commission rule, the [The]
145	161		commission shall mail a copy of the financial statement forms and
146	162		instructions to an individual not later than the third business day
147	163		after the date the commission receives the individual's request for
148	164		the forms and instructions.
149		-	SECTION 9. This Act takes effect September 1, 2015.
	165	+	SECTION 10. This Act takes effect September 1, 2015.