|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
No
equivalent provision.
|
SECTION 1. Section 571.073,
Government Code, is amended to read as follows:
Sec. 571.073. REPORT. On or
before December 31 of each even-numbered year, the commission shall report
to the governor and legislature. The report must include:
(1) each advisory opinion
issued by the commission under Subchapter D in the preceding two years;
(2) a summary of commission
activities in the preceding two years, including:
(A) the number of sworn
complaints filed with the commission;
(B) the number of sworn
complaints dismissed for noncompliance with statutory form requirements;
(C) the number of sworn
complaints dismissed for lack of jurisdiction;
(D) the number of sworn
complaints dismissed after a finding of no credible evidence of a
violation;
(E) the number of sworn
complaints dismissed after a finding of a lack of sufficient evidence to
determine whether a violation within the jurisdiction of the commission has
occurred;
(F) the number of sworn
complaints resolved by the commission through an agreed decision [order];
(G) the number of sworn
complaints in which the commission issued a decision [an order]
finding a violation and the resulting penalties, if any; and
(H) the number and amount of
civil penalties imposed for failure to timely file a statement or report,
the number and amount of those civil penalties fully paid, the number and
amount of those civil penalties partially paid, and the number and amount
of those civil penalties no part of which has been paid, for each of the
following category of statements and reports, listed separately:
(i) financial statements
required to be filed under Chapter 572;
(ii) political contribution
and expenditure reports required to be filed under Section 254.063,
254.093, 254.123, 254.153, or 254.157, Election Code;
(iii) political contribution
and expenditure reports required to be filed under Section 254.064(b),
254.124(b), or 254.154(b), Election Code;
(iv) political contribution
and expenditure reports required to be filed under Section 254.064(c),
254.124(c), or 254.154(c), Election Code;
(v) political contribution
and expenditure reports required to be filed under Section 254.038 or
254.039, Election Code; and
(vi) political contribution
and expenditure reports required to be filed under Section 254.0391,
Election Code; and
(3) recommendations for any
necessary statutory changes.
|
|
No
equivalent provision.
|
SECTION 2. Section 571.076,
Government Code, is amended to read as follows:
Sec. 571.076. CONTRACT FOR
ADMINISTRATION. The commission may contract with persons to administer and
carry out this chapter and rules, standards, [and] orders, and
decisions adopted under this chapter, excluding any enforcement
authority.
|
|
No
equivalent provision.
|
SECTION 3. Section 571.1211,
Government Code, is amended to read as follows:
Sec. 571.1211. DEFINITIONS.
In this subchapter, "campaign [:
[(1) "Campaign]
communication" and "political advertising" have the meanings
assigned by Section 251.001, Election Code.
[(2) "Category One
violation" means a violation of a law within jurisdiction of the
commission as to which it is generally not difficult to ascertain whether
the violation occurred or did not occur, including:
[(A) the failure by a
person required to file a statement or report to:
[(i) file the required
statement or report in a manner that complies with applicable requirements;
or
[(ii) timely file the
required statement or report;
[(B) a violation of
Section 255.001, Election Code;
[(C) a misrepresentation
in political advertising or a campaign communication relating to the office
held by a person in violation of Section 255.006, Election Code;
[(D) a failure to include
in any written political advertising intended to be seen from a road the
right-of-way notice in violation of Section 255.007, Election Code; or
[(E) a failure to timely
respond to a written notice under Section 571.123(b).
[(3) "Category Two
violation" means a violation of a law within the jurisdiction of the
commission that is not a Category One violation.]
|
|
No
equivalent provision.
|
SECTION 4. Subchapter E,
Chapter 571, Government Code, is amended by adding Section 571.1213 to read
as follows:
Sec. 571.1213.
CATEGORIZATION OF VIOLATIONS. (a) The commission staff shall categorize,
in ascending order of seriousness, each violation of law alleged in a sworn
complaint or on a motion of the commission as:
(1) a technical,
clerical, or de minimis violation;
(2) an administrative or
filing violation; or
(3) a more serious
violation.
(b) The commission shall
adopt rules defining what violations of law are included in each category
of violation.
|
|
SECTION 1. Subchapter E,
Chapter 571, Government Code, is amended by adding Section 571.1214 to read
as follows:
Sec. 571.1214. RESOLUTION
OF VIOLATIONS. (a) The commission staff and the commission shall resolve
an inquiry or motion in the form
corresponding to the most serious category of violation alleged in the inquiry or motion as provided in this
section.
(b) An inquiry or motion alleging a technical,
clerical, or de minimis violation must be resolved in a letter of
acknowledgment.
(c) An inquiry or motion alleging an
administrative or filing violation must be resolved in a notice of
administrative or filing error.
(d) An inquiry or motion alleging a more serious
violation must be resolved in a notice of violation.
|
SECTION 5. Subchapter E,
Chapter 571, Government Code, is amended by adding Section 571.1214 to read
as follows:
Sec. 571.1214. RESOLUTION
OF VIOLATIONS. (a) The commission staff and the commission shall resolve a sworn complaint or motion in the form
corresponding to the most serious category of violation alleged in the complaint or motion as provided in this
section.
(b) A complaint or motion alleging a technical, clerical,
or de minimis violation must be resolved in a letter of acknowledgment.
(c) A complaint or motion alleging an
administrative or filing violation must be resolved in a notice of
administrative or filing error.
(d) A complaint or motion alleging a more
serious violation must be resolved in a notice of violation.
|
|
No
equivalent provision.
|
SECTION 6. Section
571.124(e), Government Code, is amended to read as follows:
(e) If the executive
director determines that the commission has jurisdiction, the notice under
Section 571.123(b) must include:
(1) a statement that the
commission has jurisdiction over the violation of law alleged in the
complaint;
(2) a statement of whether
the complaint will be processed as a technical, clerical, or de minimis violation,
an administrative or filing violation, or a more serious violation [Category
One violation or a Category Two violation, subject to reconsideration as
provided for by Section 571.1212];
(3) the date by which the
respondent is required to respond to the notice;
(4) a copy of the complaint
and the rules of procedure of the commission;
(5) a statement of the
rights of the respondent;
(6) a statement inviting the
respondent to provide to the commission any information relevant to the
complaint; and
(7) a statement that a
failure to timely respond to the notice will be treated as a separate
violation.
|
|
No
equivalent provision.
|
SECTION 7. Sections
571.1242(a), (b), (c), and (d), Government Code, are amended to read as
follows:
(a) If the alleged violation
is a technical, clerical, or de minimis [Category One]
violation:
(1) the respondent must
respond to the notice required by Section 571.123(b) not later than the
10th business day after the date the respondent receives the notice; and
(2) if the matter is not
resolved by agreement between the commission and the respondent before the
30th business day after the date the respondent receives the notice under
Section 571.123(b), the commission shall set the matter for a preliminary
review hearing to be held at the next commission meeting for which notice
has not yet been posted.
(b) If the alleged violation
is an administrative or filing violation or a more serious [a
Category Two] violation:
(1) the respondent must
respond to the notice required by Section 571.123(b) not later than the
25th business day after the date the respondent receives the notice under
Section 571.123(b); and
(2) if the matter is not
resolved by agreement between the commission and the respondent before the
75th business day after the date the respondent receives the notice under
Section 571.123(b), the commission shall set the matter for a preliminary
review hearing to be held at the next commission meeting for which notice
has not yet been posted.
(c) A respondent's failure
to timely respond as required by Subsection (a)(1) or (b)(1) is a [Category
One] violation.
(d) The response required by
Subsection (a) or (b) must include any challenge the respondent seeks to
raise to the commission's exercise of jurisdiction. In addition, the
respondent may:
(1) acknowledge the
occurrence or commission of a violation;
(2) deny the allegations
contained in the complaint and provide evidence supporting the denial; or
(3) agree to enter into an
assurance of voluntary compliance or other agreed decision [order],
which may include an agreement to immediately cease and desist.
|
|
No
equivalent provision.
|
SECTION 8. Section
571.126(a), Government Code, is amended to read as follows:
(a) As soon as practicable
after the completion of a preliminary review hearing, the commission by
vote shall issue a decision stating:
(1) whether there is
credible evidence for the commission to determine that a violation within
the jurisdiction of the commission has occurred and whether the violation
is a technical, clerical, or de minimis violation, an
administrative or filing violation, or a more serious violation; or
(2) that there is
insufficient evidence for the commission to determine whether a violation
within the jurisdiction of the commission has occurred.
|
|
No
equivalent provision.
|
SECTION 9. Section
571.139(c), Government Code, is amended to read as follows:
(c) Subchapters C through H,
Chapter 2001, apply only to a formal hearing under this subchapter, the
resolution of a formal hearing, and the appeal of a final decision [order]
of the commission, and only to the extent consistent with this chapter.
|
|
No
equivalent provision.
|
SECTION 10. Section
571.140(b), Government Code, is amended to read as follows:
(b) A notice of
administrative or filing error or a notice of violation [An order]
issued by the commission after the completion of a preliminary review or
hearing [determining that a violation other than a technical or de
minimis violation has occurred] is not confidential. A letter of acknowledgment
issued by the commission after the completion of a preliminary review or
hearing is confidential.
|
|
No
equivalent provision.
|
SECTION 11. Section 571.141,
Government Code, is amended to read as follows:
Sec. 571.141. AVAILABILITY
OF NOTICES OF ADMINISTRATIVE OR FILING ERROR AND NOTICES OF VIOLATION
[COMMISSION ORDERS] ON INTERNET. (a) As soon as practicable
following a preliminary review, preliminary review hearing, or formal
hearing at which the commission determines that a person has committed a
violation within the commission's jurisdiction, the commission shall make
available on the Internet:
(1) a copy of the notice
of administrative or filing error or notice of violation issued by the
commission [commission's order stating the determination]; or
(2) a summary of the notice
[commission's order].
(b) This section does not
apply to a letter of acknowledgment [determination of a violation
that is technical or de minimis].
|
|
No
equivalent provision.
|
SECTION 12. Section
571.142(a), Government Code, is amended to read as follows:
(a) This section applies
only to a sworn complaint if:
(1) the complaint was filed
after the 30th day before the date of an election;
(2) the respondent is a
candidate in the election; and
(3) the complaint alleges an
administrative or filing [a] violation or a more serious
violation [other than a technical or clerical violation].
|
|
No
equivalent provision.
|
SECTION 13. Section 571.173,
Government Code, is amended to read as follows:
Sec. 571.173. CIVIL PENALTY
FOR DELAY OR VIOLATION. The commission may impose a civil penalty of not
more than $5,000 or triple the amount at issue under a law administered and
enforced by the commission, whichever amount is more, for a delay in
complying with a commission order or decision or for a violation of
a law administered and enforced by the commission.
|
|
No
equivalent provision.
|
SECTION 14. Section
571.1212, Government Code, is repealed.
|
|
No
equivalent provision.
|
SECTION 15. (a) Not later
than December 1, 2015, the Texas Ethics Commission shall adopt any rules
necessary to implement the changes in law made by this Act.
(b) The changes in law made
by this Act apply only to a sworn complaint filed with the Texas Ethics
Commission under Section 571.122, Government Code, or a motion adopted by
the commission under Section 571.124(b), Government Code, on or after
December 1, 2015. A sworn complaint filed with the Texas Ethics Commission
under Section 571.122, Government Code, or a motion adopted by the
commission under Section 571.124(b), Government Code, before that date is
governed by the law in effect on the date the complaint is filed or the
motion is adopted, and the former law is continued in effect for that
purpose.
|
|
SECTION 2. This Act takes
effect September 1, 2015.
|
SECTION 16. Same as
introduced version.
|
|