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A BILL TO BE ENTITLED
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AN ACT
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relating to ethics of holders of and candidates for public office, |
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public employees, and lobbyists; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 253.035, Election Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) "Personal use" includes the use of contributions to pay |
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a civil penalty imposed by the commission. |
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SECTION 2. Section 253.041(a), Election Code, is amended to |
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read as follows: |
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(a) A candidate or officeholder or a specific-purpose |
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committee for supporting, opposing, or assisting the candidate or |
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officeholder may not knowingly make or authorize a payment from a |
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political contribution if the payment is made for personal services |
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rendered by the candidate, [or] officeholder, or a person related |
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to [by the spouse or dependent child of] the candidate or |
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officeholder within the third degree by consanguinity or the second |
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degree by affinity, as determined under Subchapter B, Chapter 573, |
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Government Code, to: |
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(1) the candidate, officeholder, or a person related |
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to the candidate or officeholder within the third degree by |
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consanguinity or the second degree by affinity, as determined under |
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Subchapter B, Chapter 573, Government Code; or |
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(2) a business in which a person described by |
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Subdivision (1) [the candidate or officeholder] has a participating |
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interest of more than 10 percent, holds a position on the governing |
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body of the business, or serves as an officer of the business[; or
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[(2)
the candidate or officeholder or the spouse or
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dependent child of the candidate or officeholder]. |
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SECTION 3. Section 571.066, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) Not later than December 1, 2009, the commission shall |
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contract with the Department of Information Resources or a private |
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entity experienced in Internet website design for a review of the |
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ease of using and obtaining information from the commission's |
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website. Not later than June 1, 2010, the entity with which the |
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commission contracts under this subsection shall deliver a written |
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report of the results of the entity's review to the commission, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the chairs of the standing committees of the senate and house |
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having jurisdiction over the commission. The report must include |
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recommendations for increasing the ease of using and obtaining |
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information from the commission's website. Following receipt of the |
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report, the commission shall redesign the commission's website to: |
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(1) permit expanded searches across multiple |
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databases maintained by the commission; |
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(2) increase the ease with which information from |
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databases maintained by the commission may be downloaded by persons |
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using the commission's website; and |
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(3) incorporate any other recommendations from the |
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review under this subsection that the commission determines |
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appropriate. |
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(d) Subsection (c) and this subsection expire September 1, |
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2011. |
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SECTION 4. The heading to Section 571.069, Government Code, |
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is amended to read as follows: |
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Sec. 571.069. REVIEW OF STATEMENTS AND REPORTS[; AUDITS]. |
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SECTION 5. Sections 571.069(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The commission may by a vote of at least six commission |
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members initiate a preliminary review as provided by Section |
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571.124 in connection with [or perform a complete audit of] a |
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statement or report: |
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(1) if, before the 31st day after the date the |
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statement or report was originally due, the executive director does |
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not obtain from the person information that permits the executive |
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director to determine that the statement or report complies with |
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law; |
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(2) if a statement or report returned for resubmission |
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is not resubmitted within the time prescribed by Subsection (a); or |
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(3) on an affirmative vote of at least six commission |
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members that a statement or report resubmitted under Subsection |
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(a), together with any corrections or additional documentation, |
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does not, in the opinion of the commission, comply with the law |
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requiring the statement or report. |
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(c) Any [audited] statement, report, document, or other |
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material obtained in conducting a preliminary review is |
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confidential and may not be disclosed unless the statement, report, |
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document, or other material: |
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(1) was previously public information; or |
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(2) is entered into the record of a formal hearing or a |
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judicial proceeding. |
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SECTION 6. Subchapter C, Chapter 571, Government Code, is |
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amended by adding Section 571.0691 to read as follows: |
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Sec. 571.0691. AUDITS. (a) The commission by rule shall |
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adopt a schedule for regular auditing of statements, reports, or |
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other documents filed with the commission. The rules shall provide |
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for more frequent auditing of the categories of statements, |
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reports, or other documents that the commission determines are most |
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likely to contain inaccuracies or errors. |
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(b) Any audited statement, report, document, or other |
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material is confidential and may not be disclosed unless the |
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statement, report, document, or other material: |
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(1) was previously public information; or |
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(2) is entered into the record of a formal hearing or a |
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judicial proceeding. |
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(c) The party who is the subject of the audit may waive |
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confidentiality by sending written notice to the commission. |
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SECTION 7. Subchapter C, Chapter 571, Government Code, is |
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amended by amending Section 571.071 and adding Sections 571.0711 |
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through 571.0714 to read as follows: |
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Sec. 571.071. REQUIRED ETHICS TRAINING[; GUIDELINES]. (a) |
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The following persons must complete the ethics training required by |
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this section: |
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(1) a member or member-elect of the legislature; and |
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(2) the director, executive director, commissioner, |
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administrator, or other individual appointed to act as the chief |
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executive or administrative officer of a board, commission, or |
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other agency in the legislative or executive branch of state |
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government. |
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(b) The commission shall[:
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[(1)] provide training [by January of each
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odd-numbered year] for persons required to complete ethics training |
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under this section [members and members-elect of the legislature] |
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concerning compliance with the laws administered and enforced by |
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the commission. |
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(c) A person required to complete ethics training under this |
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section must complete three hours of training every two years. A |
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person must complete the initial training not later than the 90th |
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day after the date the person is first elected or appointed to or |
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employed in a position for which ethics training is required. A |
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person must complete subsequent training not later than the second |
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anniversary of the date the person completed the most recent ethics |
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training under this section. |
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(d) Each board, commission, or other agency described by |
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Subsection (a) shall report to the commission, in accordance with |
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rules adopted by the commission, the appointment or employment of a |
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person required to complete ethics training under Subsection |
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(a)(2). |
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Sec. 571.0711. FAILURE TO COMPLETE REQUIRED ETHICS |
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TRAINING. (a) A person who does not complete the ethics training |
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required by Section 571.071 is not eligible to receive a salary or |
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wage payment until the person completes the required training. |
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(b) Not later than the 30th day after the date a person is |
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required to complete the ethics training under Section 571.071, the |
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commission shall certify the person's name to the comptroller if |
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the person did not complete the ethics training. Following receipt |
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of certification under this subsection, the comptroller may not |
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issue a warrant or make an electronic transfer representing a |
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salary or wage payment to the person until the commission certifies |
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that the person has completed the training. |
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(c) Not later than the 60th day before the date by which a |
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person is required to complete the ethics training under Section |
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571.071, the commission shall send a written notice to the person |
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that states: |
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(1) that the person is required by law to complete the |
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required amount of ethics training; |
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(2) the date of upcoming ethics training seminars; |
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(3) that the person will not be eligible to receive a |
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salary or wage payment if the person does not complete the required |
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training; and |
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(4) the date by which the person must complete the |
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ethics training. |
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Sec. 571.0712. ETHICS TRAINING FOR STATE EMPLOYEES. The |
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commission shall[; and
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[(2)] provide, in cooperation with state agencies, a |
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program of ethics training for state employees. |
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Sec. 571.0713. COMPLIANCE GUIDELINES. [(b)] The commission |
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may disseminate, through pamphlets and seminars, explanations and |
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compliance guidelines concerning any law administered and enforced |
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by the commission. |
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Sec. 571.0714. SEMINARS FOR LOBBYISTS. (a) [(c)] The |
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commission may provide a seminar for persons required to register |
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under Chapter 305 that addresses issues involving lobbying, |
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political contributions and expenditures, and other issues as |
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determined by the commission. |
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(b) The commission may charge a fee for attending the |
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seminar in an amount necessary to cover the costs associated with |
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the seminar. |
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SECTION 8. Section 571.173, Government Code, is amended to |
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read as follows: |
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Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. (a) |
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The commission may impose a civil penalty of not more than $5,000 or |
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triple the amount at issue under a law administered and enforced by |
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the commission, whichever amount is more, for a delay in complying |
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with a commission order or for a violation of a law administered and |
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enforced by the commission. |
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(b) The commission shall: |
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(1) impose a civil penalty in an amount greater than |
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the usual amount of a civil penalty imposed by the commission if the |
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person subject to the penalty: |
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(A) has received training under Section 571.071, |
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571.0712, or 571.0714 relevant to the law the person violated; or |
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(B) has previously been warned by the commission |
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for engaging in similar conduct; and |
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(2) impose civil penalties in progressively greater |
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amounts against a person who has repeatedly violated a law |
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administered by the commission. |
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SECTION 9. Sections 571.069(d), (e), and (f), Government |
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Code, are repealed. |
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SECTION 10. Section 253.035(j), Election Code, as added by |
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this Act, applies to payment of a civil penalty imposed by the Texas |
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Ethics Commission regardless of whether the penalty is imposed |
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before, on, or after September 1, 2009. |
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SECTION 11. A person who on January 1, 2010, holds an office |
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or employment for which the person is required to complete ethics |
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training under Section 571.071, Government Code, as amended by this |
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Act, must complete the ethics training required by that section not |
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later than April 1, 2010. A person who after January 1, 2010, is |
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elected or appointed to an office or employed in a position for |
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which the person is required to complete ethics training under |
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Section 571.071, Government Code, as amended by this Act, must |
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complete the ethics training required by that section in compliance |
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with that section. |
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SECTION 12. This Act takes effect September 1, 2009. |