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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing of sworn complaints with the Texas Ethics |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.122(a), Government Code, is amended |
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to read as follows: |
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(a) An individual may file with the commission a sworn |
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complaint[, on a form prescribed by the commission,] alleging that |
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a person subject to a law administered and enforced by the |
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commission has violated a rule adopted by or a law administered and |
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enforced by the commission. A sworn complaint must be filed on a |
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form prescribed by the commission. The commission shall make the |
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complaint form available on the Internet. The form prescribed by |
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the commission must require the complainant to provide the |
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following information for both the complainant and the respondent: |
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(1) the person's name; |
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(2) the person's telephone number; |
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(3) the person's electronic mail address, if known; |
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and |
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(4) the physical address of the person's home or |
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business. |
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SECTION 2. Section 571.123(c), Government Code, is amended |
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to read as follows: |
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(c) If the commission determines that the complaint does not |
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comply with the form requirements, the commission shall send the |
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complaint to the complainant with the written notice, a statement |
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explaining how the complaint fails to comply, and a copy of the |
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rules for filing sworn complaints. The commission shall send a copy |
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of the rejected complaint to the respondent with the written notice |
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and the statement explaining how the complaint fails to comply. The |
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complainant may resubmit the complaint not later than the 21st day |
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after the date the notice under Subsection (b) is mailed. If the |
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commission determines that the complaint is not resubmitted within |
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the 21-day period, the commission shall: |
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(1) dismiss the complaint; and |
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(2) not later than the fifth business day after the |
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date of the dismissal, send written notice to the complainant and |
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the respondent of the dismissal and the grounds for dismissal. |
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SECTION 3. Section 571.122(a), Government Code, as amended |
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by this Act, applies only to a sworn complaint filed with the Texas |
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Ethics Commission on or after the effective date of this Act. A |
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sworn complaint filed with the Texas Ethics Commission before the |
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effective date of this Act is governed by the law in effect on the |
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date the complaint is filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |