| 1 | 1 | | 86R388 ATP-D |
|---|
| 2 | 2 | | By: E. Johnson of Dallas H.B. No. 46 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the dismissal of a sworn complaint made to the Texas |
|---|
| 8 | 8 | | Ethics Commission by a vexatious complainant. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter E, Chapter 571, Government Code, is |
|---|
| 11 | 11 | | amended by adding Section 571.1223 to read as follows: |
|---|
| 12 | 12 | | Sec. 571.1223. DISMISSAL OF COMPLAINT FILED BY VEXATIOUS |
|---|
| 13 | 13 | | COMPLAINANT. (a) At any stage of a proceeding under this |
|---|
| 14 | 14 | | subchapter, the commission shall dismiss a complaint if the |
|---|
| 15 | 15 | | commission determines that the complaint was filed by a vexatious |
|---|
| 16 | 16 | | complainant. |
|---|
| 17 | 17 | | (b) The commission may determine that an individual who |
|---|
| 18 | 18 | | files a sworn complaint is a vexatious complainant if the |
|---|
| 19 | 19 | | respondent shows that there is not a reasonable probability that |
|---|
| 20 | 20 | | the commission will determine that there is credible evidence for |
|---|
| 21 | 21 | | the commission to determine that a violation within the |
|---|
| 22 | 22 | | jurisdiction of the commission has occurred and that: |
|---|
| 23 | 23 | | (1) the complainant, in the seven-year period |
|---|
| 24 | 24 | | immediately preceding the date the complaint is made, has made at |
|---|
| 25 | 25 | | least five sworn complaints to the commission: |
|---|
| 26 | 26 | | (A) that have been dismissed; |
|---|
| 27 | 27 | | (B) for which it was finally determined that a |
|---|
| 28 | 28 | | violation within the jurisdiction of the commission has not |
|---|
| 29 | 29 | | occurred; or |
|---|
| 30 | 30 | | (C) for which it was finally determined that |
|---|
| 31 | 31 | | there is insufficient credible evidence to determine that a |
|---|
| 32 | 32 | | violation within the jurisdiction of the commission has occurred; |
|---|
| 33 | 33 | | or |
|---|
| 34 | 34 | | (2) after a complaint has been dismissed, the |
|---|
| 35 | 35 | | complainant repeatedly refiles sworn complaints based on the same |
|---|
| 36 | 36 | | particular occurrence. |
|---|
| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2019. |
|---|