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1 | 1 | 89R17005 MZM-F | |
2 | 2 | By: Birdwell S.B. No. 2782 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | 9 | relating to discovery requirements related to sworn complaints made | |
10 | 10 | to the Texas Ethics Commission. | |
11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
12 | 12 | SECTION 1. Section 571.1242, Government Code, is amended by | |
13 | 13 | adding Subsection (k) to read as follows: | |
14 | 14 | (k) Notwithstanding any other law, the commission by rule | |
15 | 15 | shall require commission staff and a respondent to agree to a | |
16 | 16 | discovery control plan that outlines procedures for conducting | |
17 | 17 | discovery under this section in connection with a sworn complaint. | |
18 | 18 | The discovery control plan must: | |
19 | 19 | (1) be approved by the commission before discovery | |
20 | 20 | begins; | |
21 | 21 | (2) comply with the Texas Rules of Civil Procedure, | |
22 | 22 | except that the commission shall determine the level of discovery | |
23 | 23 | under Rule 190, Texas Rules of Civil Procedure, appropriate for the | |
24 | 24 | category of the violation alleged in a complaint; | |
25 | 25 | (3) establish discovery limits and a deadline by which | |
26 | 26 | discovery must be completed; and | |
27 | 27 | (4) establish a deadline by which the commission must: | |
28 | 28 | (A) propose an agreement to the respondent to | |
29 | 29 | settle the complaint without holding a preliminary hearing; or | |
30 | 30 | (B) dismiss the complaint. | |
31 | 31 | SECTION 2. This Act takes effect September 1, 2025. |