Texas 2019 - 86th Regular

Texas Senate Bill SB1618 Compare Versions

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

Old	New	Differences
1	1	86R10604 BRG-D
2	2	By: Hall S.B. No. 1618
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for complaints received by the Texas Ethics
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 571.025, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 571.025. MEETINGS. The commission shall meet at least
13	13	once each calendar quarter and at other times:
14	14	(1) at the call of the presiding officer; or
15	15	(2) as necessary to take an action required during a
16	16	proceeding under Subchapter E within the time prescribed by that
17	17	subchapter.
18	18	SECTION 2. Section 571.124(e), Government Code, is amended
19	19	to read as follows:
20	20	(e) If the executive director determines that the
21	21	commission has jurisdiction, the notice under Section 571.123(b)
22	22	must include:
23	23	(1) a statement that the commission has jurisdiction
24	24	over the violation of law alleged in the complaint;
25	25	(2) [a statement of whether the complaint will be
26	26	processed as a Category One violation or a Category Two violation,
27	27	subject to reconsideration as provided for by Section 571.1212;
28	28	[(3)] the date by which the respondent is required to
29	29	respond to the notice;
30	30	(3) [(4)] a copy of the complaint and the rules of
31	31	procedure of the commission;
32	32	(4) [(5)] a statement of the rights of the respondent;
33	33	(5) [(6)] a statement inviting the respondent to
34	34	provide to the commission any information relevant to the
35	35	complaint; and
36	36	(6) [(7)] a statement that a failure to timely respond
37	37	to the notice will be treated as a separate violation.
38	38	SECTION 3. Section 571.1242, Government Code, is amended by
39	39	amending Subsections (a) and (d) and adding Subsections (a-1),
40	40	(b-1), and (b-2) to read as follows:
41	41	(a) The [If the alleged violation is a Category One
42	42	violation:
43	43	[(1) the] respondent must respond to the notice
44	44	required by Section 571.123(b) not later than the 10th business day
45	45	after the date the respondent receives the notice.
46	46	(a-1) A [; and
47	47	[(2) if the] matter that is not resolved by agreement
48	48	between the commission and the respondent [before the 30th business
49	49	day after the date the respondent receives the notice under Section
50	50	571.123(b), the commission] shall be set [the matter] for a
51	51	preliminary review hearing to be held at the next commission
52	52	meeting for which notice has not yet been posted.
53	53	(b-1) Not later than the 30th business day after the date
54	54	the commission receives a response under Subsection (a), the
55	55	commission shall send notice of the commission's decision:
56	56	(1) to dismiss the complaint; or
57	57	(2) to hold a preliminary hearing and the date of the
58	58	hearing.
59	59	(b-2) A notice under Subsection (b-1) may not set a
60	60	preliminary hearing date later than the 30th business day after the
61	61	date that the commission sends the notice to the respondent. On
62	62	request of the respondent, the commission may delay the hearing
63	63	date up to 60 business days after the date provided in the notice.
64	64	(d) The response required by Subsection (a) [or (b)] must
65	65	include any challenge the respondent seeks to raise to the
66	66	commission's exercise of jurisdiction. In addition, the respondent
67	67	may:
68	68	(1) acknowledge the occurrence or commission of a
69	69	violation;
70	70	(2) deny the allegations contained in the complaint
71	71	and provide evidence supporting the denial; or
72	72	(3) agree to enter into an assurance of voluntary
73	73	compliance or other agreed order, which may include an agreement to
74	74	immediately cease and desist.
75	75	SECTION 4. Section 571.126, Government Code, is amended by
76	76	amending Subsections (b), (c), and (d) and adding Subsection (e) to
77	77	read as follows:
78	78	(b) If the commission determines that there is credible
79	79	evidence for the commission to determine that a violation has
80	80	occurred, the commission shall resolve and settle the complaint or
81	81	motion to the extent possible. If the commission successfully
82	82	resolves and settles the complaint or motion, not later than the
83	83	10th [fifth] business day after the date of the final resolution of
84	84	the complaint or motion, the commission shall send to the
85	85	complainant, if any, and the respondent a copy of the decision
86	86	stating the commission's determination and written notice of the
87	87	resolution and the terms of the resolution. If the commission is
88	88	unsuccessful in resolving and settling the complaint or motion, the
89	89	commission shall:
90	90	(1) order a formal hearing to be held in accordance
91	91	with Sections 571.129 through 571.132; and
92	92	(2) not later than the 10th [fifth] business day after
93	93	the date of the decision, send to the complainant, if any, and the
94	94	respondent:
95	95	(A) a copy of the decision;
96	96	(B) written notice of the date, time, and place
97	97	of the formal hearing;
98	98	(C) a statement of the nature of the alleged
99	99	violation;
100	100	(D) a description of the evidence of the alleged
101	101	violation;
102	102	(E) a copy of the complaint or motion;
103	103	(F) a copy of the commission's rules of
104	104	procedure; and
105	105	(G) a statement of the rights of the respondent.
106	106	(c) If the commission determines that there is credible
107	107	evidence for the commission to determine that a violation within
108	108	the jurisdiction of the commission has not occurred, the commission
109	109	shall:
110	110	(1) dismiss the complaint or motion; and
111	111	(2) not later than the 10th [fifth] business day after
112	112	the date of the dismissal, send to the complainant, if any, and the
113	113	respondent a copy of the decision stating the commission's
114	114	determination and written notice of the dismissal and the grounds
115	115	for dismissal.
116	116	(d) If the commission determines that there is insufficient
117	117	credible evidence for the commission to determine that a violation
118	118	within the jurisdiction of the commission has occurred, the
119	119	commission may dismiss the complaint or motion or promptly conduct
120	120	a formal hearing under Sections 571.129 through 571.132. Not later
121	121	than the 10th [fifth] business day after the date of the
122	122	commission's determination under this subsection, the commission
123	123	shall send to the complainant, if any, and the respondent a copy of
124	124	the decision stating the commission's determination and written
125	125	notice of the grounds for the determination.
126	126	(e) A notice under Subsection (b) or (d) may not set a formal
127	127	hearing date later than the 30th business day after the date that
128	128	the commission sends the notice to the respondent. On request of
129	129	the respondent, the commission may delay the hearing date up to 60
130	130	business days after the date provided in the notice.
131	131	SECTION 5. Section 571.132(a), Government Code, is amended
132	132	to read as follows:
133	133	(a) Not later than the 25th [30th] business day after the
134	134	date the State Office of Administrative Hearings issues a proposal
135	135	for decision, the commission shall convene a meeting and by motion
136	136	shall issue:
137	137	(1) a final decision stating the resolution of the
138	138	formal hearing; and
139	139	(2) a written report stating in detail the
140	140	commission's findings of fact, conclusions of law, and
141	141	recommendation of criminal referral or imposition of a civil
142	142	penalty, if any.
143	143	SECTION 6. Subchapter E, Chapter 571, Government Code, is
144	144	amended by adding Section 571.143 to read as follows:
145	145	Sec. 571.143. LIABILITY FOR COSTS OF FRIVOLOUS COMPLAINTS.
146	146	The commission is liable for the respondent's reasonable and
147	147	necessary attorney's fees and other costs incurred in defending
148	148	against the complaint if, after a formal hearing, the commission
149	149	determines that the complaint was frivolous.
150	150	SECTION 7. The following sections of the Government Code
151	151	are repealed:
152	152	(1) Sections 571.1211(2) and (3);
153	153	(2) Section 571.1212; and
154	154	(3) Sections 571.1242(b) and (c).
155	155	SECTION 8. This Act takes effect September 1, 2019.