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.