LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION February 21, 2025 TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB869 by Birdwell (Relating to the deadline for the Texas Ethics Commission to resolve certain complaints.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB869, As Introduced: a negative impact of ($595,240) through the biennium ending August 31, 2027. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2026($300,430)2027($294,810)2028($294,810)2029($294,810)2030($294,810)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund12026($300,430)2027($294,810)2028($294,810)2029($294,810)2030($294,810) Fiscal AnalysisThe bill would amend the Government Code relating to the timing that the Texas Ethics Commission (TEC) has to investigate an alleged complaint. Under current practices, TEC has 120 days following a response from the alleged offender to either make an initial settlement offer or dismiss the complaint. This time is reset should TEC respond to the alleged offender with additional written questions.The bill would remove the ability of TEC to toll the 120-day clock with additional questions or discovery requests in its preliminary review of the case, as currently established under TEC rules 12.22 and 12.23. According to the agency, under the provisions of the bill, in order to avoid mandatory dismissals TEC would be required to engage in hearings or litigation over discovery under the provisions of Government Code 571.1242(i). TEC currently has five attorneys engaged in enforcement and the agency estimates that an additional two attorneys would be required to maintain current levels of performance during these hearings.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
February 21, 2025
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB869 by Birdwell (Relating to the deadline for the Texas Ethics Commission to resolve certain complaints.), As Introduced
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB869 by Birdwell (Relating to the deadline for the Texas Ethics Commission to resolve certain complaints.), As Introduced
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB869 by Birdwell (Relating to the deadline for the Texas Ethics Commission to resolve certain complaints.), As Introduced
SB869 by Birdwell (Relating to the deadline for the Texas Ethics Commission to resolve certain complaints.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB869, As Introduced: a negative impact of ($595,240) through the biennium ending August 31, 2027.
Estimated Two-year Net Impact to General Revenue Related Funds for SB869, As Introduced: a negative impact of ($595,240) through the biennium ending August 31, 2027.
General Revenue-Related Funds, Five- Year Impact:
2026 ($300,430)
2027 ($294,810)
2028 ($294,810)
2029 ($294,810)
2030 ($294,810)
All Funds, Five-Year Impact:
2026 ($300,430)
2027 ($294,810)
2028 ($294,810)
2029 ($294,810)
2030 ($294,810)
Fiscal Analysis
The bill would amend the Government Code relating to the timing that the Texas Ethics Commission (TEC) has to investigate an alleged complaint. Under current practices, TEC has 120 days following a response from the alleged offender to either make an initial settlement offer or dismiss the complaint. This time is reset should TEC respond to the alleged offender with additional written questions.The bill would remove the ability of TEC to toll the 120-day clock with additional questions or discovery requests in its preliminary review of the case, as currently established under TEC rules 12.22 and 12.23. According to the agency, under the provisions of the bill, in order to avoid mandatory dismissals TEC would be required to engage in hearings or litigation over discovery under the provisions of Government Code 571.1242(i). TEC currently has five attorneys engaged in enforcement and the agency estimates that an additional two attorneys would be required to maintain current levels of performance during these hearings.
The bill would remove the ability of TEC to toll the 120-day clock with additional questions or discovery requests in its preliminary review of the case, as currently established under TEC rules 12.22 and 12.23. According to the agency, under the provisions of the bill, in order to avoid mandatory dismissals TEC would be required to engage in hearings or litigation over discovery under the provisions of Government Code 571.1242(i). TEC currently has five attorneys engaged in enforcement and the agency estimates that an additional two attorneys would be required to maintain current levels of performance during these hearings.
Methodology
TEC estimates that each additional Attorney III position would cost $110,000 per year in salaries and $35,013 in benefits per fiscal year. According to the agency, initial additional operating expenses, such as computers and office space and equipment, would be $5,202 in fiscal year 2026 and $2,392 per fiscal year thereafter per attorney.
Technology
No additional technology costs beyond normal office expenses are anticipated.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 356 Texas Ethics Commission
356 Texas Ethics Commission
LBB Staff: b > td > JMc, WP, LCO, GP
JMc, WP, LCO, GP