Texas 2015 - 84th Regular

Texas House Bill HB3448 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5187 EES-F
2	2	By: Davis of Harris H.B. No. 3448
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Texas Ethics Commission;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 571, Government Code, is
11	11	amended by adding Section 571.033 to read as follows:
12	12	Sec. 571.033. NOTIFICATION PROCEDURES. The commission
13	13	shall adopt rules prescribing how the commission will notify any
14	14	person or provide any notice required by this subtitle, Chapter
15	15	305, or Title 15, Election Code.
16	16	SECTION 2. Section 571.061(a), Government Code, is amended
17	17	to read as follows:
18	18	(a) The commission shall administer and enforce:
19	19	(1) Chapters 302, 303, 305, 572, and 2004;
20	20	(2) Chapter 145, Local Government Code, in connection
21	21	with a municipal officer, as defined by that chapter, to the extent
22	22	that the municipal officer is required by that chapter to file a
23	23	financial statement that complies with Chapter 572;
24	24	(3) [Subchapter C,] Chapter 159, Local Government
25	25	Code, in connection with a county judicial officer, county officer,
26	26	or precinct officer, to which that chapter applies, to the extent
27	27	that the county judicial officer, county officer, or precinct
28	28	officer is required by that chapter to file a financial statement
29	29	that complies with Chapter 572 [as defined by Section 159.051,
30	30	Local Government Code, who elects to file a financial statement
31	31	with the commission];
32	32	(4) [(3)] Title 15, Election Code; [and]
33	33	(5) [(4)] Sections 30.00044(j), 2152.064, and
34	34	2155.003; and
35	35	(6) any requirement under state law that a local
36	36	officer in this state file a financial statement that complies with
37	37	Chapter 572.
38	38	SECTION 3. Section 571.0671, Government Code, is amended by
39	39	adding Subsection (d) to read as follows:
40	40	(d) Electronic report data saved in a commission temporary
41	41	storage location for later retrieval and editing before the report
42	42	is filed is confidential and may not be disclosed. After the report
43	43	is filed, the information disclosed in the report is subject to the
44	44	law requiring the filing of the report.
45	45	SECTION 4. Section 571.091(a), Government Code, is amended
46	46	to read as follows:
47	47	(a) The commission shall prepare a written opinion
48	48	answering the request of a person subject to any of the following
49	49	laws for an opinion about the application of any of these laws to
50	50	the person in regard to a specified existing or hypothetical
51	51	factual situation:
52	52	(1) Chapter 302;
53	53	(2) Chapter 303;
54	54	(3) Chapter 305;
55	55	(4) Chapter 2004;
56	56	(5) Chapter 572;
57	57	(6) [Subchapter C,] Chapter 145 or 159, Local
58	58	Government Code, as provided by Section 571.061(a)(2) or (3), as
59	59	applicable;
60	60	(7) Title 15, Election Code;
61	61	(8) Chapter 36, Penal Code;
62	62	(9) Chapter 39, Penal Code;
63	63	(10) Section 2152.064; [or]
64	64	(11) Section 2155.003;
65	65	(12) Section 30.00044(j); or
66	66	(13) any other law that the commission is directed to
67	67	administer and enforce under Section 571.061.
68	68	SECTION 5. Section 571.140, Government Code, is amended by
69	69	amending Subsection (a) and adding Subsection (b-2) to read as
70	70	follows:
71	71	(a) Except as provided by Subsection (b), [or] (b-1), or
72	72	(b-2) or by Section 571.1401 or 571.171, proceedings at a
73	73	preliminary review hearing performed by the commission, a sworn
74	74	complaint, and documents and any additional evidence relating to
75	75	the processing, preliminary review, preliminary review hearing, or
76	76	resolution of a sworn complaint or motion are confidential and may
77	77	not be disclosed unless entered into the record of a formal hearing
78	78	or a judicial proceeding, except that a document or statement that
79	79	was previously public information remains public information.
80	80	(b-2) A respondent named in a sworn complaint or motion, or
81	81	the respondent's counsel at the direction of the respondent, waives
82	82	confidentiality regarding any proceedings and information relating
83	83	to the sworn complaint or motion, with respect to the respondent,
84	84	by:
85	85	(1) publicly disclosing confidential information
86	86	relating to the sworn complaint or motion; or
87	87	(2) providing a verified, written waiver of
88	88	confidentiality to the executive director.
89	89	SECTION 6. Subchapter E, Chapter 571, Government Code, is
90	90	amended by adding Section 571.1401 to read as follows:
91	91	Sec. 571.1401. CERTAIN DISCLOSURE OF INFORMATION. (a) To
92	92	protect the public interest, the commission may disclose to a law
93	93	enforcement agency information that is confidential under Section
94	94	571.140(a).
95	95	(b) The commission may disclose information under this
96	96	section only to the extent necessary for the recipient of the
97	97	information to perform a duty or function that is in addition to the
98	98	commission's duties and functions.
99	99	(c) Information disclosed to a law enforcement agency under
100	100	this section remains confidential, and the agency must take
101	101	appropriate measures to maintain that confidentiality.
102	102	(d) A person commits an offense if the person discloses
103	103	confidential information obtained under this section. An offense
104	104	under this subsection is a Class C misdemeanor.
105	105	SECTION 7. Section 571.176(a), Government Code, is amended
106	106	to read as follows:
107	107	(a) The commission may impose a civil penalty of not more
108	108	than $10,000 for the filing of a frivolous or bad-faith complaint.
109	109	In this section:
110	110	(1) a complaint is frivolous if the complaint
111	111	[subsection, "frivolous complaint" means a complaint that] is
112	112	groundless and brought in bad faith or is groundless and brought for
113	113	the purpose of harassment; and
114	114	(2) a complaint is groundless if the complaint does
115	115	not allege a violation of the law that is material, nonclerical, or
116	116	nontechnical.
117	117	SECTION 8. Sections 572.030(b), (c), and (d), Government
118	118	Code, are amended to read as follows:
119	119	(b) The commission shall notify [mail to] each individual
120	120	required to file under this subchapter of [a notice that]:
121	121	(1) the requirement [states] that the individual [is
122	122	required to] file a financial statement under this subchapter;
123	123	(2) [identifies] the filing dates for the financial
124	124	statement as provided by Sections 572.026 and 572.027; and
125	125	(3) [describes] the manner in which the individual may
126	126	electronically file the financial statement and access
127	127	instructions for filing financial statements on [obtain the
128	128	financial statement forms and instructions from] the commission's
129	129	Internet website[;
130	130	[(4) states that on request of the individual, the
131	131	commission will mail to the individual a copy of the financial
132	132	statement forms and instructions; and
133	133	[(5) states, if applicable, the fee for mailing the
134	134	forms and instructions and the manner in which the individual may
135	135	pay the fee].
136	136	(c) Except as provided by commission rule, the notification
137	137	[The notice] required by Subsection (b) must be provided [mailed]:
138	138	(1) before the 30th day before the deadline for filing
139	139	the financial statement under Section 572.026(a) or (c), except as
140	140	otherwise provided by this subsection;
141	141	(2) not later than the 15th day after the applicable
142	142	deadline for filing an application for a place on the ballot or a
143	143	declaration of write-in candidacy for candidates required to file
144	144	under Section 572.027(a), (b), or (c);
145	145	(3) not later than the seventh day after the date of
146	146	appointment for individuals required to file under Section
147	147	572.026(b), or if the legislature is in session, sooner if
148	148	possible; and
149	149	(4) not later than the fifth day after the date the
150	150	certificate of nomination is filed for candidates required to file
151	151	under Section 572.027(d) [574.027(d)].
152	152	(d) Except as provided by commission rule, the [The]
153	153	commission shall mail a copy of the financial statement forms and
154	154	instructions to an individual not later than the third business day
155	155	after the date the commission receives the individual's request for
156	156	the forms and instructions.
157	157	SECTION 9. This Act takes effect September 1, 2015.