BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 1290

                                                                                                                                          By: Macias

                                                                                                                                             Elections

                                                                                                        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.