By:  Rosson                                            S.B. No. 746
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to procedures before the Texas Ethics Commission.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Article 6252-9d.1 of the Texas Revised Civil
    1-4  Statutes is amended as follows:
    1-5        Section 1.18  (a)  As soon as practicable after the
    1-6  completion of a preliminary review under section 1.17 of this
    1-7  article, the commission <by record vote> shall issue a decision
    1-8  stating:
    1-9        SECTION 2.  Article 6252-9d.1 of the Texas Revised Civil
   1-10  Statutes is amended by adding the following provisions to read as
   1-11  follows:
   1-12        Section 1.20  (a)  As soon as practicable after the
   1-13  completion of an informal hearing under section 1.19 of this
   1-14  article, the commission <by record vote> shall issue a decision
   1-15  stating whether there is credible evidence for the commission to
   1-16  determine that a violation has occurred and whether the violation
   1-17  is technical or de minimis.
   1-18        SECTION 3.  Article 6252-9d.1 of the Texas Revised Civil
   1-19  Statutes is amended to add new subsections to section 1.28 as
   1-20  follows:
   1-21        Section 1.28(7)  suspend, revoke, or place on probation the
   1-22  registration of a person required to be registered under Chapter
   1-23  305 of the Government Code or impose a civil penalty of not more
    2-1  than $5,000 for each violation of a rule adopted by or a law
    2-2  administered and enforced by the commission.
    2-3              (8)  refuse to issue a registration to an applicant who
    2-4  has violated a rule adopted by or a law administered and enforced
    2-5  by the commission.
    2-6        SECTION 4.  Article 6252-9d.1 of the Texas Revised Civil
    2-7  Statutes is amended by adding the following provisions to add new
    2-8  subsections to section 1.28 as follows:
    2-9        Section 1.28(d)  Upon notification under subsection (a)(4)
   2-10  the regulatory or supervisory entity shall initiate disciplinary
   2-11  proceedings based on the record developed at the commission.  The
   2-12  entity may conduct additional proceedings.  Any action taken
   2-13  regarding a member of the legislature shall be conducted in
   2-14  accordance with the rules of that body by record vote of its
   2-15  members.
   2-16        (e)  Upon a finding that a person violated a rule adopted or
   2-17  a law administered and enforced by the commission, the commission
   2-18  may impose a civil penalty of not more than $5,000 per violation,
   2-19  place on probation or censure the person.
   2-20        SECTION 5.  This act is effective on September 1, 1993.
   2-21        SECTION 6.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.