BILL ANALYSIS

 

 

 

C.S.H.B. 3218

By: Naishtat

Elections

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, complaints filed with the Texas Ethics Commission are not submitted on a standardized form, creating a large amount of paperwork and inefficiency on the part of the Commission in investigating claims.  C.S.H.B. 3218 would require the Commission to prescribe and adopt a standardized form.

 

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. 3218 requires the Commission to adopt a form for sworn complaints that requires the complainant to provide the following forms of contact information for themselves and the respondent: the person's name, telephone number, electronic mail address if known, and the physical address of the person's home or business.  It also requires the Commission to send a copy of the rejected complaint to the respondent with the written notice and a statement explaining how the complaint fails to comply.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2009.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute added the language "if known" as it applies to providing the Commission with the electronic mail address for both the complainant and the respondent when a sworn complaint is filed.