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A BILL TO BE ENTITLED
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AN ACT
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relating to sworn complaints filed 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, 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 2. 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 3. Section 571.176, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) The commission may impose a civil penalty of not more |
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than $10,000 for the filing of a frivolous or bad-faith complaint. |
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In this section [subsection], "frivolous or bad-faith complaint" |
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means a complaint that is: |
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(1) groundless or trivial; and |
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(2) brought in bad faith or [is groundless and
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brought] for the purpose of harassment. |
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(a-1) For purposes of this section, a complaint is trivial |
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if: |
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(1) the commission determines that each violation |
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alleged in the complaint that is found to have occurred is technical |
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or de minimis; and |
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(2) the only sanction the commission issues based on |
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the complaint is a confidential order under Section 571.172. |
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(a-2) For purposes of this section, a complaint that the |
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commission determines is groundless or trivial is presumed to have |
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been brought in bad faith or for the purpose of harassment if: |
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(1) the complaint was filed after the 60th day before |
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the date of an election; |
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(2) the respondent is: |
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(A) a candidate in the election; |
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(B) a specific-purpose committee, as defined by |
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Section 251.001, Election Code, that supports only a candidate in |
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the election; or |
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(C) the campaign treasurer of a committee |
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described by Paragraph (B); and |
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(3) the complainant is: |
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(A) an election opponent of the candidate named |
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in the complaint or a person affiliated with the campaign of an |
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election opponent of that candidate; or |
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(B) a person who filed the complaint at the |
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direction or urging of a person described by Paragraph (A). |
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(b) In addition to other penalties: |
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(1) [,] a person who files a frivolous or bad-faith |
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complaint is civilly liable to the respondent in an amount equal to |
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the greater of $10,000 or the amount of actual damages incurred by |
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the respondent, including court costs and attorney fees; and |
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(2) a person who directs or urges another to file a |
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frivolous or bad-faith complaint is civilly liable to the |
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respondent in an amount equal to the greater of: |
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(A) the amount of actual damages incurred by the |
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respondent, including court costs and attorney fees; or |
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(B) as applicable: |
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(i) $50,000; or |
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(ii) $100,000, if the commission finds that |
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the person has made a concerted effort to prevent discovery of the |
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person's involvement in the filing of the complaint. |
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SECTION 4. Sections 571.122 and 571.176, Government Code, |
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as amended by this Act, and Section 571.1221, 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 the effective date of this Act. |
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A 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 5. 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. |