SRC-SEW S.B. 1452 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1452
2001S0778/1By: Lindsay
State Affairs
3/23/2001
As Filed


DIGEST AND PURPOSE 

Under current law, all proceedings relating to complaints filed with the
Texas Ethics Commission (commission) are confidential and cannot be
disclosed except under certain conditions.  Current law also imposes very
strict civil and criminal penalties for violation of the confidentiality
provision. However, this produces a "chilling effect," on investigations of
complaints by the commission staff since even the contacting of a witness
for the purposes of an investigation could be construed as a violation of
the confidentiality provision.  As proposed, S.B. 1452 clarifies that
during an investigation of a sworn complaint, the commission staff is
authorized to contact witnesses or potential witnesses without violating
the confidentiality provision.  This bill also deletes language imposing
severe penalties for violation of the confidentiality provision. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 571.140, Government Code, as follows:

Sec. 571.140.  New heading:  CONFIDENTIALITY.  (a) Provides that, except as
provided by Subsections (b) and (c), proceedings at a preliminary review or
a formal hearing performed by the Texas Ethics Commission (commission), a
sworn complaint, and documents and any additional evidence relating to the
processing, preliminary review, informal hearing, or resolution of a sworn
complaint or motion are confidential and are prohibited from being
disclosed by the commission except under certain conditions. 

(b) Authorizes certain information to be disclosed by the commission to
certain parties for the purpose of investigating a sworn complaint. 

  (c) Deletes text regarding an offense under this section.

  (d) Deletes text regarding civil liability.

SECTION 2.  Effective date: September 1, 2001.