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.