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A BILL TO BE ENTITLED
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AN ACT
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relating to violations of laws administered and enforced by the |
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Texas Ethics Commission and to sworn complaints alleging such |
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violations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 571, Government Code, is |
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amended by adding Section 571.0631 to read as follows: |
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Sec. 571.0631. RULES CONCERNING TECHNICAL AND CLERICAL |
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VIOLATIONS. The commission shall adopt rules defining technical and |
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clerical violations of laws within the commission's jurisdiction. |
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SECTION 2. Section 571.122, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) An individual must be a resident of this state to be |
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eligible to file a sworn complaint with the commission. A copy of |
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one of the following documents must be attached to the complaint: |
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(1) the complainant's driver's license or personal |
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identification certificate issued under Chapter 521, |
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Transportation Code, or commercial driver's license issued under |
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Chapter 522, Transportation Code; or |
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(2) a utility bill, bank statement, government check, |
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paycheck, or other government document that: |
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(A) shows the name and address of the |
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complainant; and |
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(B) is dated not more than 30 days before the date |
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on which the complaint is filed. |
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SECTION 3. Subchapter E, Chapter 571, Government Code, is |
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amended by adding Section 571.1221 to read as follows: |
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Sec. 571.1221. DISMISSAL OF COMPLAINT FILED AT DIRECTION OR |
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URGING OF NONRESIDENT. At any stage of a proceeding under this |
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subchapter, the commission shall dismiss the complaint if the |
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commission determines that the complaint was filed at the direction |
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or urging of a person who is not a resident of this state. |
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SECTION 4. Subchapter E, Chapter 571, Government Code, is |
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amended by adding Section 571.142 to read as follows: |
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Sec. 571.142. LIABILITY FOR RESPONDENT'S COSTS. (a) This |
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section applies only to a sworn complaint if: |
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(1) the complaint was filed after the 30th day before |
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the date of an election; |
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(2) the respondent is a candidate in the election; and |
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(3) the complaint alleges a violation other than a |
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technical or clerical violation. |
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(b) If, in disposing of a sworn complaint to which this |
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section applies, the commission determines that a violation within |
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the commission's jurisdiction has not occurred and that the |
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complaint is groundless and without merit, the complainant is |
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liable for the respondent's reasonable and necessary attorney's |
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fees and other costs incurred in defending against the complaint. |
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(c) This section does not apply to a sworn complaint |
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regarding a reporting omission required by law. |
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SECTION 5. Section 571.122, Government Code, as amended by |
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this Act, and Sections 571.1221 and 571.142, Government Code, as |
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added by this Act, apply only to a sworn complaint filed with the |
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Texas Ethics Commission on or after September 1, 2009. |
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SECTION 6. This Act takes effect September 1, 2009. |