86R388 ATP-D
By: E. Johnson of Dallas H.B. No. 46
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal of a sworn complaint made to the Texas
Ethics Commission by a vexatious complainant.
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. DISMISSAL OF COMPLAINT FILED BY VEXATIOUS
COMPLAINANT. (a) At any stage of a proceeding under this
subchapter, the commission shall dismiss a complaint if the
commission determines that the complaint was filed by a vexatious
complainant.
(b) The commission may determine that an individual who
files a sworn complaint is a vexatious complainant if the
respondent shows that there is not a reasonable probability that
the commission will determine that there is credible evidence for
the commission to determine that a violation within the
jurisdiction of the commission has occurred and that:
(1) the complainant, in the seven-year period
immediately preceding the date the complaint is made, has made at
least five sworn complaints to the commission:
(A) that have been dismissed;
(B) for which it was finally determined that a
violation within the jurisdiction of the commission has not
occurred; or
(C) for which it was finally determined that
there is insufficient credible evidence to determine that a
violation within the jurisdiction of the commission has occurred;
or
(2) after a complaint has been dismissed, the
complainant repeatedly refiles sworn complaints based on the same
particular occurrence.
SECTION 2. This Act takes effect September 1, 2019.