By: Meyer H.B. No. 3490
A BILL TO BE ENTITLED
AN ACT
relating to the development of a reporting system for certain
complaints submitted to the Texas Ethics Commission; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 571, Government Code, is amended
by adding Section 571.1223 to read as follows:
Sec. 571.1223. COMPLAINT PROCEDURE. (a) The commission
shall develop and implement a procedure for an individual to submit
a complaint alleging that a person subject to Title 15, Election
Code, has made a materially false statement in political
advertising or a campaign communication with knowledge that it was
false or with reckless disregard of whether it was false or not.
(b) The commission shall review and investigate a complaint
submitted through the procedure developed under Subsection (a) and
determine whether the statement or communication in question was
materially false and made with knowledge that it was false or with
reckless disregard of whether it was false or not.
(c) In reviewing and investigating a complaint submitted
through the procedure developed under Subsection (a), the
commission shall notify all persons or organizations identified in
the complaint at the time the complaint is made and provide them the
opportunity to respond within a reasonable timeframe as determined
in rule by the commission.
(d) All information related to a complaint submitted under
the procedure adopted by the commission under subsection (a) or an
investigation remains confidential unless the commission makes a
determination that the statement or communication in question was
materially false and made with knowledge that it was false or with
reckless disregard of whether it was false or not.
(e) If the commission makes a determination under the
procedure developed under Subsection (a) that the statement or
communication in question was materially false and made with
knowledge that it was false or with reckless disregard of whether it
was false or not, the commission shall impose a civil penalty of
$500 against the respondent.
(f) Disclosure of information which is confidential under
subsection (d) shall result in a civil penalty of $500 per offense
imposed by the commission against the individual or organization
responsible for the disclosure.
(g) A complaint submitted through the procedure developed
under Subsection (a) is not subject to the provisions of this
subchapter governing a sworn complaint filed under Section 571.122.
SECTION 1. This Act takes effect September 1, 2015.