Texas 2015 - 84th Regular

Texas Senate Bill SB1298 Compare Versions

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

Old	New	Differences
1	1	84R13937 MK-D
2	2	By: Hall S.B. No. 1298
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the selection of the presiding officer of, voting
8	8	requirements for action by, and purpose of the Texas Ethics
9	9	Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 571.001, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 571.001. PURPOSE. It is the policy of the legislature
14	14	to protect the constitutional privilege of free suffrage by
15	15	regulating elections and prohibiting undue influence while also
16	16	protecting the constitutional right of the governed to apply to
17	17	their government for the redress of grievances. The purpose of the
18	18	Texas Ethics Commission is as provided by Section 24a(c-1), Article
19	19	III, Texas Constitution [This chapter is intended to achieve those
20	20	purposes and shall be construed to achieve the following
21	21	objectives:
22	22	[(1) to control and reduce the cost of elections;
23	23	[(2) to eliminate opportunities for undue influence
24	24	over elections and governmental actions;
25	25	[(3) to disclose fully information related to
26	26	expenditures and contributions for elections and for petitioning
27	27	the government;
28	28	[(4) to enhance the potential for individual
29	29	participation in electoral and governmental processes; and
30	30	[(5) to ensure the public's confidence and trust in its
31	31	government].
32	32	SECTION 2. Section 571.027(a), Government Code, is amended
33	33	to read as follows:
34	34	(a) A member of the commission may not participate in a
35	35	commission proceeding relating to any of the following actions if
36	36	the member is the subject of the action:
37	37	(1) a formal investigation by the commission;
38	38	(2) a sworn complaint filed with the commission; or
39	39	(3) a motion required to be adopted by vote of at least
40	40	four [six] members of the commission.
41	41	SECTION 3. Section 571.062(a), Government Code, is amended
42	42	to read as follows:
43	43	(a) The commission, on the affirmative vote of at least four
44	44	[six] members of the commission, may adopt rules to administer this
45	45	chapter or any other law administered and enforced by the
46	46	commission.
47	47	SECTION 4. Section 571.069(b), Government Code, is amended
48	48	to read as follows:
49	49	(b) The commission may by a vote of at least four [six]
50	50	commission members initiate a preliminary review as provided by
51	51	Section 571.124 or perform a complete audit of a statement or
52	52	report:
53	53	(1) if, before the 31st day after the date the
54	54	statement or report was originally due, the executive director does
55	55	not obtain from the person information that permits the executive
56	56	director to determine that the statement or report complies with
57	57	law;
58	58	(2) if a statement or report returned for resubmission
59	59	is not resubmitted within the time prescribed by Subsection (a); or
60	60	(3) on an affirmative vote of at least four [six]
61	61	commission members that a statement or report resubmitted under
62	62	Subsection (a), together with any corrections or additional
63	63	documentation, does not, in the opinion of the commission, comply
64	64	with the law requiring the statement or report.
65	65	SECTION 5. Section 571.121(a), Government Code, is amended
66	66	to read as follows:
67	67	(a) The commission may:
68	68	(1) hold hearings, on its own motion adopted by an
69	69	affirmative vote of at least four [six] commission members or on a
70	70	sworn complaint, and render decisions on complaints or reports of
71	71	violations as provided by this chapter; and
72	72	(2) agree to the settlement of issues.
73	73	SECTION 6. Section 571.124(b), Government Code, is amended
74	74	to read as follows:
75	75	(b) On a motion adopted by an affirmative vote of at least
76	76	four [six] commission members, the commission, without a sworn
77	77	complaint, may initiate a preliminary review of the matter that is
78	78	the subject of the motion.
79	79	SECTION 7. Section 571.1241(b), Government Code, is amended
80	80	to read as follows:
81	81	(b) The commission may reverse the executive director's
82	82	determination only on the affirmative vote of at least four [six]
83	83	members.
84	84	SECTION 8. Section 571.132(b), Government Code, is amended
85	85	to read as follows:
86	86	(b) The motion must be adopted by a vote of at least four
87	87	[six] members if the final decision is that a violation has occurred
88	88	or by three [five] members if the final decision is that a violation
89	89	has not occurred.
90	90	SECTION 9. Sections 571.137(a-1) and (b), Government Code,
91	91	are amended to read as follows:
92	92	(a-1) In connection with a preliminary review, the
93	93	commission, for good cause and as authorized by this chapter, may
94	94	subpoena documents and witnesses on application by the commission
95	95	staff and a motion adopted by a vote of at least four [six] members
96	96	of the commission, for the purpose of attempting to obtain from the
97	97	documents or witnesses specifically identified information, if the
98	98	commission reasonably believes that the specifically identified
99	99	information:
100	100	(1) is likely to be determinative as to whether the
101	101	subject of an investigation has violated a law within the
102	102	jurisdiction of the commission;
103	103	(2) can be determined from the documents or is known by
104	104	the witnesses; and
105	105	(3) is not reasonably available through a less
106	106	intrusive means.
107	107	(b) At the written request of at least four [six] members of
108	108	the commission, a peace officer shall serve a subpoena of the
109	109	commission in the manner prescribed for service of a district court
110	110	subpoena.
111	111	SECTION 10. Section 571.171(a), Government Code, is amended
112	112	to read as follows:
113	113	(a) On a motion adopted by an affirmative vote of at least
114	114	four [six] commission members, the commission may initiate civil
115	115	enforcement actions and refer matters to the appropriate
116	116	prosecuting attorney for criminal prosecution.
117	117	SECTION 11. Section 571.023, Government Code, is repealed.
118	118	SECTION 12. This Act takes effect on the date on which the
119	119	constitutional amendment proposed by the 84th Legislature, Regular
120	120	Session, 2015, to change the number, method of appointment, and
121	121	terms of members of the Texas Ethics Commission and providing for
122	122	the governance, purpose, and mission of the commission is approved
123	123	by the voters. If that amendment is not approved by the voters,
124	124	this Act has no effect.