BILL ANALYSIS
By: Macias
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Current law states that a “person” is allowed to file a petition to appeal a final decision made by the Ethics Commission. Without clarification, any person could file a petition to appeal, even if they are not involved in the complaint. C.S.H.B. 1290 would clarify that only the complainant, the respondent, or the party's agent who is involved in the complaint, may file a petition to appeal a final decision made by the Ethics Commission.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 1290 would amend the Government Code to specify that only a complainant, respondent, or the party's agent may file a petition to appeal a final decision made by the Ethics Commission. The measure states that the party must file the petition no later than the 30th business day after the final decision of commission has been received.
The bill specifies that C.S.H.B. 1290 would only apply to proceedings which begin on or after the effective date.
EFFECTIVE DATE
September 1, 2007
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute allows an agent of either party to file a petition to appeal a final decision, in addition to the complainant and respondent.