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A BILL TO BE ENTITLED
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AN ACT
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relating to the development of a reporting system for certain |
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complaints submitted to the Texas Ethics Commission; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 571, Government Code, is amended |
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by adding Section 571.1223 to read as follows: |
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Sec. 571.1223. COMPLAINT PROCEDURE. (a) The commission |
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shall develop and implement a procedure for an individual to submit |
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a complaint alleging that a person subject to Title 15, Election |
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Code, has made a materially false statement in political |
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advertising or a campaign communication with knowledge that it was |
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false or with reckless disregard of whether it was false or not. |
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(b) The commission shall review and investigate a complaint |
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submitted through the procedure developed under Subsection (a) and |
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determine whether the statement or communication in question was |
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materially false and made with knowledge that it was false or with |
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reckless disregard of whether it was false or not. |
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(c) In reviewing and investigating a complaint submitted |
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through the procedure developed under Subsection (a), the |
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commission shall notify all persons or organizations identified in |
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the complaint at the time the complaint is made and provide them the |
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opportunity to respond within a reasonable timeframe as determined |
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in rule by the commission. |
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(d) All information related to a complaint submitted under |
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the procedure adopted by the commission under subsection (a) or an |
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investigation remains confidential unless the commission makes a |
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determination that the statement or communication in question was |
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materially false and made with knowledge that it was false or with |
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reckless disregard of whether it was false or not. |
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(e) If the commission makes a determination under the |
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procedure developed under Subsection (a) that the statement or |
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communication in question was materially false and made with |
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knowledge that it was false or with reckless disregard of whether it |
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was false or not, the commission shall impose a civil penalty of |
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$500 against the respondent. |
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(f) Disclosure of information which is confidential under |
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subsection (d) shall result in a civil penalty of $500 per offense |
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imposed by the commission against the individual or organization |
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responsible for the disclosure. |
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(g) A complaint submitted through the procedure developed |
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under Subsection (a) is not subject to the provisions of this |
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subchapter governing a sworn complaint filed under Section 571.122. |
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SECTION 1. This Act takes effect September 1, 2015. |