By:  Lindsay                                          S.B. No. 1452
         2001S0778/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the confidentiality of certain information regarding
 1-3     complaint procedures and hearings of the Texas Ethics Commission.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 571.140, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 571.140.  CONFIDENTIALITY[; OFFENSE].  (a)  Except as
 1-8     provided by Subsections [Subsection] (b) and (c), proceedings at a
 1-9     preliminary review or informal hearing performed by the commission,
1-10     a sworn complaint, and documents and any additional evidence
1-11     relating to the processing, preliminary review, informal hearing,
1-12     or resolution of a sworn complaint or motion are confidential and
1-13     may not be disclosed by the commission unless entered into the
1-14     record of a formal hearing or a judicial proceeding, except that a
1-15     document or statement that was previously public information
1-16     remains public information.
1-17           (b)  Information relating to a sworn complaint may be
1-18     disclosed by the commission to the complainant, respondent,
1-19     witnesses, or potential witnesses for the purpose of investigating
1-20     a sworn complaint.
1-21           (c)  An order issued by the commission after the completion
1-22     of a preliminary review or an informal hearing determining that a
1-23     violation other than a technical or de minimis violation has
1-24     occurred is not confidential.
1-25           [(c)  A person commits an offense if the person discloses
 2-1     information made confidential by this section.  An offense under
 2-2     this subsection is a Class A misdemeanor.]
 2-3           [(d)  In addition to other penalties, a person who discloses
 2-4     information made confidential by this section is civilly liable to
 2-5     the respondent in an amount equal to the greater of $10,000 or the
 2-6     amount of actual damages incurred by the respondent, including
 2-7     court costs and attorney fees.]
 2-8           SECTION 2.  This Act takes effect September 1, 2001.