| 1 | 1 | | By: Meyer H.B. No. 3490 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the development of a reporting system for certain |
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| 7 | 7 | | complaints submitted to the Texas Ethics Commission; providing a |
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| 8 | 8 | | civil penalty. |
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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. Subchapter E, Chapter 571, Government Code, is amended |
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| 11 | 11 | | by adding Section 571.1223 to read as follows: |
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| 12 | 12 | | Sec. 571.1223. COMPLAINT PROCEDURE. (a) The commission |
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| 13 | 13 | | shall develop and implement a procedure for an individual to submit |
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| 14 | 14 | | a complaint alleging that a person subject to Title 15, Election |
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| 15 | 15 | | Code, has made a materially false statement in political |
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| 16 | 16 | | advertising or a campaign communication with knowledge that it was |
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| 17 | 17 | | false or with reckless disregard of whether it was false or not. |
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| 18 | 18 | | (b) The commission shall review and investigate a complaint |
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| 19 | 19 | | submitted through the procedure developed under Subsection (a) and |
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| 20 | 20 | | determine whether the statement or communication in question was |
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| 21 | 21 | | materially false and made with knowledge that it was false or with |
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| 22 | 22 | | reckless disregard of whether it was false or not. |
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| 23 | 23 | | (c) In reviewing and investigating a complaint submitted |
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| 24 | 24 | | through the procedure developed under Subsection (a), the |
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| 25 | 25 | | commission shall notify all persons or organizations identified in |
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| 26 | 26 | | the complaint at the time the complaint is made and provide them the |
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| 27 | 27 | | opportunity to respond within a reasonable timeframe as determined |
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| 28 | 28 | | in rule by the commission. |
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| 29 | 29 | | (d) All information related to a complaint submitted under |
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| 30 | 30 | | the procedure adopted by the commission under subsection (a) or an |
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| 31 | 31 | | investigation remains confidential unless the commission makes a |
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| 32 | 32 | | determination that the statement or communication in question was |
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| 33 | 33 | | materially false and made with knowledge that it was false or with |
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| 34 | 34 | | reckless disregard of whether it was false or not. |
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| 35 | 35 | | (e) If the commission makes a determination under the |
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| 36 | 36 | | procedure developed under Subsection (a) that the statement or |
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| 37 | 37 | | communication in question was materially false and made with |
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| 38 | 38 | | knowledge that it was false or with reckless disregard of whether it |
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| 39 | 39 | | was false or not, the commission shall impose a civil penalty of |
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| 40 | 40 | | $500 against the respondent. |
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| 41 | 41 | | (f) Disclosure of information which is confidential under |
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| 42 | 42 | | subsection (d) shall result in a civil penalty of $500 per offense |
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| 43 | 43 | | imposed by the commission against the individual or organization |
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| 44 | 44 | | responsible for the disclosure. |
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| 45 | 45 | | (g) A complaint submitted through the procedure developed |
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| 46 | 46 | | under Subsection (a) is not subject to the provisions of this |
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| 47 | 47 | | subchapter governing a sworn complaint filed under Section 571.122. |
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| 48 | 48 | | SECTION 1. This Act takes effect September 1, 2015. |
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