Texas 2015 - 84th Regular

Texas House Bill HB3682 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R20836 EES-F
2	2		By: Geren H.B. No. 3682
3		-	Substitute the following for H.B. No. 3682:
4		-	By: Hunter C.S.H.B. No. 3682
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the categorization and resolution of violations of laws
10	8		enforced by the Texas Ethics Commission.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 571.073, Government Code, is amended to
13	11		read as follows:
14	12		Sec. 571.073. REPORT. On or before December 31 of each
15	13		even-numbered year, the commission shall report to the governor and
16	14		legislature. The report must include:
17	15		(1) each advisory opinion issued by the commission
18	16		under Subchapter D in the preceding two years;
19	17		(2) a summary of commission activities in the
20	18		preceding two years, including:
21	19		(A) the number of sworn complaints filed with the
22	20		commission;
23	21		(B) the number of sworn complaints dismissed for
24	22		noncompliance with statutory form requirements;
25	23		(C) the number of sworn complaints dismissed for
26	24		lack of jurisdiction;
27	25		(D) the number of sworn complaints dismissed
28	26		after a finding of no credible evidence of a violation;
29	27		(E) the number of sworn complaints dismissed
30	28		after a finding of a lack of sufficient evidence to determine
31	29		whether a violation within the jurisdiction of the commission has
32	30		occurred;
33	31		(F) the number of sworn complaints resolved by
34	32		the commission through an agreed decision [order];
35	33		(G) the number of sworn complaints in which the
36	34		commission issued a decision [an order] finding a violation and the
37	35		resulting penalties, if any; and
38	36		(H) the number and amount of civil penalties
39	37		imposed for failure to timely file a statement or report, the number
40	38		and amount of those civil penalties fully paid, the number and
41	39		amount of those civil penalties partially paid, and the number and
42	40		amount of those civil penalties no part of which has been paid, for
43	41		each of the following category of statements and reports, listed
44	42		separately:
45	43		(i) financial statements required to be
46	44		filed under Chapter 572;
47	45		(ii) political contribution and
48	46		expenditure reports required to be filed under Section 254.063,
49	47		254.093, 254.123, 254.153, or 254.157, Election Code;
50	48		(iii) political contribution and
51	49		expenditure reports required to be filed under Section 254.064(b),
52	50		254.124(b), or 254.154(b), Election Code;
53	51		(iv) political contribution and
54	52		expenditure reports required to be filed under Section 254.064(c),
55	53		254.124(c), or 254.154(c), Election Code;
56	54		(v) political contribution and expenditure
57	55		reports required to be filed under Section 254.038 or 254.039,
58	56		Election Code; and
59	57		(vi) political contribution and
60	58		expenditure reports required to be filed under Section 254.0391,
61	59		Election Code; and
62	60		(3) recommendations for any necessary statutory
63	61		changes.
64	62		SECTION 2. Section 571.076, Government Code, is amended to
65	63		read as follows:
66	64		Sec. 571.076. CONTRACT FOR ADMINISTRATION. The commission
67	65		may contract with persons to administer and carry out this chapter
68	66		and rules, standards, [and] orders, and decisions adopted under
69	67		this chapter, excluding any enforcement authority.
70	68		SECTION 3. Section 571.1211, Government Code, is amended to
71	69		read as follows:
72	70		Sec. 571.1211. DEFINITIONS. In this subchapter, "campaign
73	71		[:
74	72		[(1) "Campaign] communication" and "political
75	73		advertising" have the meanings assigned by Section 251.001,
76	74		Election Code.
77	75		[(2) "Category One violation" means a violation of a
78	76		law within jurisdiction of the commission as to which it is
79	77		generally not difficult to ascertain whether the violation occurred
80	78		or did not occur, including:
81	79		[(A) the failure by a person required to file a
82	80		statement or report to:
83	81		[(i) file the required statement or report
84	82		in a manner that complies with applicable requirements; or
85	83		[(ii) timely file the required statement or
86	84		report;
87	85		[(B) a violation of Section 255.001, Election
88	86		Code;
89	87		[(C) a misrepresentation in political
90	88		advertising or a campaign communication relating to the office held
91	89		by a person in violation of Section 255.006, Election Code;
92	90		[(D) a failure to include in any written
93	91		political advertising intended to be seen from a road the
94	92		right-of-way notice in violation of Section 255.007, Election Code;
95	93		or
96	94		[(E) a failure to timely respond to a written
97	95		notice under Section 571.123(b).
98	96		[(3) "Category Two violation" means a violation of a
99	97		law within the jurisdiction of the commission that is not a Category
100	98		One violation.]
101	99		SECTION 4. Subchapter E, Chapter 571, Government Code, is
102	100		amended by adding Section 571.1213 to read as follows:
103	101		Sec. 571.1213. CATEGORIZATION OF VIOLATIONS. (a) The
104	102		commission staff shall categorize, in ascending order of
105	103		seriousness, each violation of law alleged in a sworn complaint or
106	104		on a motion of the commission as:
107	105		(1) a technical, clerical, or de minimis violation;
108	106		(2) an administrative or filing violation; or
109	107		(3) a more serious violation.
110	108		(b) The commission shall adopt rules defining what
111	109		violations of law are included in each category of violation.
112	110		SECTION 5. Subchapter E, Chapter 571, Government Code, is
113	111		amended by adding Section 571.1214 to read as follows:
114	112		Sec. 571.1214. RESOLUTION OF VIOLATIONS. (a) The
115	113		commission staff and the commission shall resolve a sworn complaint
116	114		or motion in the form corresponding to the most serious category of
117	115		violation alleged in the complaint or motion as provided in this
118	116		section.
119	117		(b) A complaint or motion alleging a technical, clerical, or
120	118		de minimis violation must be resolved in a letter of
121	119		acknowledgment.
122	120		(c) A complaint or motion alleging an administrative or
123	121		filing violation must be resolved in a notice of administrative or
124	122		filing error.
125	123		(d) A complaint or motion alleging a more serious violation
126	124		must be resolved in a notice of violation.
127	125		SECTION 6. Section 571.124(e), Government Code, is amended
128	126		to read as follows:
129	127		(e) If the executive director determines that the
130	128		commission has jurisdiction, the notice under Section 571.123(b)
131	129		must include:
132	130		(1) a statement that the commission has jurisdiction
133	131		over the violation of law alleged in the complaint;
134	132		(2) a statement of whether the complaint will be
135	133		processed as a technical, clerical, or de minimis violation, an
136	134		administrative or filing violation, or a more serious violation
137	135		[Category One violation or a Category Two violation, subject to
138	136		reconsideration as provided for by Section 571.1212];
139	137		(3) the date by which the respondent is required to
140	138		respond to the notice;
141	139		(4) a copy of the complaint and the rules of procedure
142	140		of the commission;
143	141		(5) a statement of the rights of the respondent;
144	142		(6) a statement inviting the respondent to provide to
145	143		the commission any information relevant to the complaint; and
146	144		(7) a statement that a failure to timely respond to the
147	145		notice will be treated as a separate violation.
148	146		SECTION 7. Sections 571.1242(a), (b), (c), and (d),
149	147		Government Code, are amended to read as follows:
150	148		(a) If the alleged violation is a technical, clerical, or de
151	149		minimis [Category One] violation:
152	150		(1) the respondent must respond to the notice required
153	151		by Section 571.123(b) not later than the 10th business day after the
154	152		date the respondent receives the notice; and
155	153		(2) if the matter is not resolved by agreement between
156	154		the commission and the respondent before the 30th business day
157	155		after the date the respondent receives the notice under Section
158	156		571.123(b), the commission shall set the matter for a preliminary
159	157		review hearing to be held at the next commission meeting for which
160	158		notice has not yet been posted.
161	159		(b) If the alleged violation is an administrative or filing
162	160		violation or a more serious [a Category Two] violation:
163	161		(1) the respondent must respond to the notice required
164	162		by Section 571.123(b) not later than the 25th business day after the
165	163		date the respondent receives the notice under Section 571.123(b);
166	164		and
167	165		(2) if the matter is not resolved by agreement between
168	166		the commission and the respondent before the 75th business day
169	167		after the date the respondent receives the notice under Section
170	168		571.123(b), the commission shall set the matter for a preliminary
171	169		review hearing to be held at the next commission meeting for which
172	170		notice has not yet been posted.
173	171		(c) A respondent's failure to timely respond as required by
174	172		Subsection (a)(1) or (b)(1) is a [Category One] violation.
175	173		(d) The response required by Subsection (a) or (b) must
176	174		include any challenge the respondent seeks to raise to the
177	175		commission's exercise of jurisdiction. In addition, the respondent
178	176		may:
179	177		(1) acknowledge the occurrence or commission of a
180	178		violation;
181	179		(2) deny the allegations contained in the complaint
182	180		and provide evidence supporting the denial; or
183	181		(3) agree to enter into an assurance of voluntary
184	182		compliance or other agreed decision [order], which may include an
185	183		agreement to immediately cease and desist.
186	184		SECTION 8. Section 571.126(a), Government Code, is amended
187	185		to read as follows:
188	186		(a) As soon as practicable after the completion of a
189	187		preliminary review hearing, the commission by vote shall issue a
190	188		decision stating:
191	189		(1) whether there is credible evidence for the
192	190		commission to determine that a violation within the jurisdiction of
193	191		the commission has occurred and whether the violation is a
194	192		technical, clerical, or de minimis violation, an administrative or
195	193		filing violation, or a more serious violation; or
196	194		(2) that there is insufficient evidence for the
197	195		commission to determine whether a violation within the jurisdiction
198	196		of the commission has occurred.
199	197		SECTION 9. Section 571.139(c), Government Code, is amended
200	198		to read as follows:
201	199		(c) Subchapters C through H, Chapter 2001, apply only to a
202	200		formal hearing under this subchapter, the resolution of a formal
203	201		hearing, and the appeal of a final decision [order] of the
204	202		commission, and only to the extent consistent with this chapter.
205	203		SECTION 10. Section 571.140(b), Government Code, is amended
206	204		to read as follows:
207	205		(b) A notice of administrative or filing error or a notice
208	206		of violation [An order] issued by the commission after the
209	207		completion of a preliminary review or hearing [determining that a
210	208		violation other than a technical or de minimis violation has
211	209		occurred] is not confidential. A letter of acknowledgment issued
212	210		by the commission after the completion of a preliminary review or
213	211		hearing is confidential.
214	212		SECTION 11. Section 571.141, Government Code, is amended to
215	213		read as follows:
216	214		Sec. 571.141. AVAILABILITY OF NOTICES OF ADMINISTRATIVE OR
217	215		FILING ERROR AND NOTICES OF VIOLATION [COMMISSION ORDERS] ON
218	216		INTERNET. (a) As soon as practicable following a preliminary
219	217		review, preliminary review hearing, or formal hearing at which the
220	218		commission determines that a person has committed a violation
221	219		within the commission's jurisdiction, the commission shall make
222	220		available on the Internet:
223	221		(1) a copy of the notice of administrative or filing
224	222		error or notice of violation issued by the commission [commission's
225	223		order stating the determination]; or
226	224		(2) a summary of the notice [commission's order].
227	225		(b) This section does not apply to a letter of
228	226		acknowledgment [determination of a violation that is technical or
229	227		de minimis].
230	228		SECTION 12. Section 571.142(a), Government Code, is amended
231	229		to read as follows:
232	230		(a) This section applies only to a sworn complaint if:
233	231		(1) the complaint was filed after the 30th day before
234	232		the date of an election;
235	233		(2) the respondent is a candidate in the election; and
236	234		(3) the complaint alleges an administrative or filing
237	235		[a] violation or a more serious violation [other than a technical or
238	236		clerical violation].
239	237		SECTION 13. Section 571.173, Government Code, is amended to
240	238		read as follows:
241	239		Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. The
242	240		commission may impose a civil penalty of not more than $5,000 or
243	241		triple the amount at issue under a law administered and enforced by
244	242		the commission, whichever amount is more, for a delay in complying
245	243		with a commission order or decision or for a violation of a law
246	244		administered and enforced by the commission.
247	245		SECTION 14. Section 571.1212, Government Code, is repealed.
248	246		SECTION 15. (a) Not later than December 1, 2015, the Texas
249	247		Ethics Commission shall adopt any rules necessary to implement the
250	248		changes in law made by this Act.
251	249		(b) The changes in law made by this Act apply only to a sworn
252	250		complaint filed with the Texas Ethics Commission under Section
253	251		571.122, Government Code, or a motion adopted by the commission
254	252		under Section 571.124(b), Government Code, on or after December 1,
255	253		2015. A sworn complaint filed with the Texas Ethics Commission
256	254		under Section 571.122, Government Code, or a motion adopted by the
257	255		commission under Section 571.124(b), Government Code, before that
258	256		date is governed by the law in effect on the date the complaint is
259	257		filed or the motion is adopted, and the former law is continued in
260	258		effect for that purpose.
261	259		SECTION 16. This Act takes effect September 1, 2015.