| 1 | 1 | | 88R3637 CJD-D |
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| 2 | 2 | | By: Hall S.B. No. 320 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to complaints filed with the Texas Ethics Commission. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 571.1223, Government Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 571.1223. DISMISSAL OF COMPLAINT FOLLOWING CORRECTED |
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| 12 | 12 | | OR AMENDED STATEMENT, REGISTRATION, OR REPORT. At any stage of a |
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| 13 | 13 | | proceeding under this subchapter, the commission shall dismiss a |
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| 14 | 14 | | complaint to the extent the complaint alleges a statement, |
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| 15 | 15 | | registration, or report violates a law or rule if: |
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| 16 | 16 | | (1) the respondent has filed a corrected or amended |
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| 17 | 17 | | statement, registration, or report before the commission issues a |
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| 18 | 18 | | final decision on [accepts jurisdiction over] the complaint; and |
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| 19 | 19 | | (2) the corrected or amended statement, registration, |
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| 20 | 20 | | or report remedies the alleged violation. |
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| 21 | 21 | | SECTION 2. Section 571.1241, Government Code, is amended by |
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| 22 | 22 | | adding Subsection (d) to read as follows: |
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| 23 | 23 | | (d) If it is determined that the commission has jurisdiction |
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| 24 | 24 | | over the violation alleged in a complaint, the respondent may bring |
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| 25 | 25 | | an action in a district court in the county in which the respondent |
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| 26 | 26 | | resides to review that determination. The respondent must bring |
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| 27 | 27 | | the action not later than the 90th day after the date the respondent |
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| 28 | 28 | | receives notice of the determination. |
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| 29 | 29 | | SECTION 3. Section 571.1242(g), Government Code, is amended |
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| 30 | 30 | | to read as follows: |
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| 31 | 31 | | (g) Not later than the 30th [120th] day after the [later of |
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| 32 | 32 | | the] date the commission receives a respondent's response to notice |
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| 33 | 33 | | as required by Subsection (a) or (b) [or the respondent's response |
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| 34 | 34 | | to written questions as required by Subsection (f)], the commission |
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| 35 | 35 | | shall: |
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| 36 | 36 | | (1) propose an agreement to the respondent to settle |
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| 37 | 37 | | the complaint without holding a preliminary hearing; or |
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| 38 | 38 | | (2) dismiss the complaint. |
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| 39 | 39 | | SECTION 4. The changes in law made by this Act to Chapter |
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| 40 | 40 | | 571, Government Code, apply only to a complaint filed under that |
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| 41 | 41 | | chapter on or after the effective date of this Act. A complaint |
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| 42 | 42 | | filed before the effective date of this Act is governed by the law |
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| 43 | 43 | | in effect on the date the complaint was filed, and the former law is |
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| 44 | 44 | | continued in effect for that purpose. |
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| 45 | 45 | | SECTION 5. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2023. |
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