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