86R10604 BRG-D
By: Hall S.B. No. 1618
A BILL TO BE ENTITLED
AN ACT
relating to procedures for complaints received by the Texas Ethics
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.025, Government Code, is amended to
read as follows:
Sec. 571.025. MEETINGS. The commission shall meet at least
once each calendar quarter and at other times:
(1) at the call of the presiding officer; or
(2) as necessary to take an action required during a
proceeding under Subchapter E within the time prescribed by that
subchapter.
SECTION 2. Section 571.124(e), Government Code, is amended
to read as follows:
(e) If the executive director determines that the
commission has jurisdiction, the notice under Section 571.123(b)
must include:
(1) a statement that the commission has jurisdiction
over the violation of law alleged in the complaint;
(2) [a statement of whether the complaint will be
processed as a Category One violation or a Category Two violation,
subject to reconsideration as provided for by Section 571.1212;
[(3)] the date by which the respondent is required to
respond to the notice;
(3) [(4)] a copy of the complaint and the rules of
procedure of the commission;
(4) [(5)] a statement of the rights of the respondent;
(5) [(6)] a statement inviting the respondent to
provide to the commission any information relevant to the
complaint; and
(6) [(7)] a statement that a failure to timely respond
to the notice will be treated as a separate violation.
SECTION 3. Section 571.1242, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsections (a-1),
(b-1), and (b-2) to read as follows:
(a) The [If the alleged violation is a Category One
violation:
[(1) the] respondent must respond to the notice
required by Section 571.123(b) not later than the 10th business day
after the date the respondent receives the notice.
(a-1) A [; and
[(2) if the] matter that is not resolved by agreement
between the commission and the respondent [before the 30th business
day after the date the respondent receives the notice under Section
571.123(b), the commission] shall be set [the matter] for a
preliminary review hearing to be held at the next commission
meeting for which notice has not yet been posted.
(b-1) Not later than the 30th business day after the date
the commission receives a response under Subsection (a), the
commission shall send notice of the commission's decision:
(1) to dismiss the complaint; or
(2) to hold a preliminary hearing and the date of the
hearing.
(b-2) A notice under Subsection (b-1) may not set a
preliminary hearing date later than the 30th business day after the
date that the commission sends the notice to the respondent. On
request of the respondent, the commission may delay the hearing
date up to 60 business days after the date provided in the notice.
(d) The response required by Subsection (a) [or (b)] must
include any challenge the respondent seeks to raise to the
commission's exercise of jurisdiction. In addition, the respondent
may:
(1) acknowledge the occurrence or commission of a
violation;
(2) deny the allegations contained in the complaint
and provide evidence supporting the denial; or
(3) agree to enter into an assurance of voluntary
compliance or other agreed order, which may include an agreement to
immediately cease and desist.
SECTION 4. Section 571.126, Government Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (e) to
read as follows:
(b) If the commission determines that there is credible
evidence for the commission to determine that a violation has
occurred, the commission shall resolve and settle the complaint or
motion to the extent possible. If the commission successfully
resolves and settles the complaint or motion, not later than the
10th [fifth] business day after the date of the final resolution of
the complaint or motion, the commission shall send to the
complainant, if any, and the respondent a copy of the decision
stating the commission's determination and written notice of the
resolution and the terms of the resolution. If the commission is
unsuccessful in resolving and settling the complaint or motion, the
commission shall:
(1) order a formal hearing to be held in accordance
with Sections 571.129 through 571.132; and
(2) not later than the 10th [fifth] business day after
the date of the decision, send to the complainant, if any, and the
respondent:
(A) a copy of the decision;
(B) written notice of the date, time, and place
of the formal hearing;
(C) a statement of the nature of the alleged
violation;
(D) a description of the evidence of the alleged
violation;
(E) a copy of the complaint or motion;
(F) a copy of the commission's rules of
procedure; and
(G) a statement of the rights of the respondent.
(c) If the commission determines that there is credible
evidence for the commission to determine that a violation within
the jurisdiction of the commission has not occurred, the commission
shall:
(1) dismiss the complaint or motion; and
(2) not later than the 10th [fifth] business day after
the date of the dismissal, send to the complainant, if any, and the
respondent a copy of the decision stating the commission's
determination and written notice of the dismissal and the grounds
for dismissal.
(d) If the commission determines that there is insufficient
credible evidence for the commission to determine that a violation
within the jurisdiction of the commission has occurred, the
commission may dismiss the complaint or motion or promptly conduct
a formal hearing under Sections 571.129 through 571.132. Not later
than the 10th [fifth] business day after the date of the
commission's determination under this subsection, the commission
shall send to the complainant, if any, and the respondent a copy of
the decision stating the commission's determination and written
notice of the grounds for the determination.
(e) A notice under Subsection (b) or (d) may not set a formal
hearing date later than the 30th business day after the date that
the commission sends the notice to the respondent. On request of
the respondent, the commission may delay the hearing date up to 60
business days after the date provided in the notice.
SECTION 5. Section 571.132(a), Government Code, is amended
to read as follows:
(a) Not later than the 25th [30th] business day after the
date the State Office of Administrative Hearings issues a proposal
for decision, the commission shall convene a meeting and by motion
shall issue:
(1) a final decision stating the resolution of the
formal hearing; and
(2) a written report stating in detail the
commission's findings of fact, conclusions of law, and
recommendation of criminal referral or imposition of a civil
penalty, if any.
SECTION 6. Subchapter E, Chapter 571, Government Code, is
amended by adding Section 571.143 to read as follows:
Sec. 571.143. LIABILITY FOR COSTS OF FRIVOLOUS COMPLAINTS.
The commission is liable for the respondent's reasonable and
necessary attorney's fees and other costs incurred in defending
against the complaint if, after a formal hearing, the commission
determines that the complaint was frivolous.
SECTION 7. The following sections of the Government Code
are repealed:
(1) Sections 571.1211(2) and (3);
(2) Section 571.1212; and
(3) Sections 571.1242(b) and (c).
SECTION 8. This Act takes effect September 1, 2019.