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A BILL TO BE ENTITLED
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AN ACT
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relating to the selection of the presiding officer of and voting |
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requirements for action by the Texas Ethics Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.027(a), Government Code, is amended |
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to read as follows: |
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(a) A member of the commission may not participate in a |
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commission proceeding relating to any of the following actions if |
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the member is the subject of the action: |
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(1) a formal investigation by the commission; |
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(2) a sworn complaint filed with the commission; or |
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(3) a motion required to be adopted by vote of at least |
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five [six] members of the commission. |
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SECTION 2. Section 571.062(a), Government Code, is amended |
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to read as follows: |
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(a) The commission, on the affirmative vote of at least five |
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[six] members of the commission, may adopt rules to administer this |
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chapter or any other law administered and enforced by the |
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commission. |
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SECTION 3. Section 571.069(b), Government Code, is amended |
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to read as follows: |
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(b) The commission may by a vote of at least five [six] |
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commission members initiate a preliminary review as provided by |
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Section 571.124 or perform a complete audit of a statement or |
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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 five [six] |
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commission members that a statement or report resubmitted under |
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Subsection (a), together with any corrections or additional |
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documentation, does not, in the opinion of the commission, comply |
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with the law requiring the statement or report. |
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SECTION 4. Section 571.121(a), Government Code, is amended |
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to read as follows: |
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(a) The commission may: |
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(1) hold hearings, on its own motion adopted by an |
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affirmative vote of at least five [six] commission members or on a |
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sworn complaint, and render decisions on complaints or reports of |
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violations as provided by this chapter; and |
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(2) agree to the settlement of issues. |
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SECTION 5. Section 571.124(b), Government Code, is amended |
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to read as follows: |
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(b) On a motion adopted by an affirmative vote of at least |
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five [six] commission members, the commission, without a sworn |
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complaint, may initiate a preliminary review of the matter that is |
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the subject of the motion. |
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SECTION 6. Section 571.1241(b), Government Code, is amended |
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to read as follows: |
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(b) The commission may reverse the executive director's |
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determination only on the affirmative vote of at least five [six] |
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members. |
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SECTION 7. Section 571.132(b), Government Code, is amended |
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to read as follows: |
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(b) The motion must be adopted by a vote of at least five |
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[six] members if the final decision is that a violation has occurred |
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or by four [five] members if the final decision is that a violation |
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has not occurred. |
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SECTION 8. Sections 571.137(a-1) and (b), Government Code, |
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are amended to read as follows: |
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(a-1) In connection with a preliminary review, the |
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commission, for good cause and as authorized by this chapter, may |
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subpoena documents and witnesses on application by the commission |
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staff and a motion adopted by a vote of at least five [six] members |
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of the commission, for the purpose of attempting to obtain from the |
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documents or witnesses specifically identified information, if the |
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commission reasonably believes that the specifically identified |
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information: |
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(1) is likely to be determinative as to whether the |
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subject of an investigation has violated a law within the |
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jurisdiction of the commission; |
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(2) can be determined from the documents or is known by |
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the witnesses; and |
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(3) is not reasonably available through a less |
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intrusive means. |
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(b) At the written request of at least five [six] members of |
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the commission, a peace officer shall serve a subpoena of the |
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commission in the manner prescribed for service of a district court |
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subpoena. |
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SECTION 9. Section 571.171(a), Government Code, is amended |
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to read as follows: |
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(a) On a motion adopted by an affirmative vote of at least |
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five [six] commission members, the commission may initiate civil |
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enforcement actions and refer matters to the appropriate |
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prosecuting attorney for criminal prosecution. |
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SECTION 10. Section 571.023, Government Code, is repealed. |
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SECTION 11. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 82nd Legislature, Regular |
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Session, 2011, providing for a decrease in the size of the Texas |
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Ethics Commission from eight to six members appointed by the |
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governor to serve six-year terms and providing for the rotation of |
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the position of presiding officer of the Texas Ethics Commission is |
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approved by the voters. If that amendment is not approved by the |
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voters, this Act has no effect. |