84R13937 MK-D

By: Hall S.B. No. 1298

A BILL TO BE ENTITLED

AN ACT

relating to the selection of the presiding officer of, voting requirements for action by, and purpose of the Texas Ethics Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 571.001, Government Code, is amended to read as follows:

Sec. 571.001. PURPOSE. It is the policy of the legislature to protect the constitutional privilege of free suffrage by regulating elections and prohibiting undue influence while also protecting the constitutional right of the governed to apply to their government for the redress of grievances. The purpose of the Texas Ethics Commission is as provided by Section 24a(c-1), Article III, Texas Constitution [This chapter is intended to achieve those purposes and shall be construed to achieve the following objectives:

[(1) to control and reduce the cost of elections;

[(2) to eliminate opportunities for undue influence over elections and governmental actions;

[(3) to disclose fully information related to expenditures and contributions for elections and for petitioning the government;

[(4) to enhance the potential for individual participation in electoral and governmental processes; and

[(5) to ensure the public's confidence and trust in its government].

SECTION 2. Section 571.027(a), Government Code, is amended to read as follows:

(a) A member of the commission may not participate in a commission proceeding relating to any of the following actions if the member is the subject of the action:

(1) a formal investigation by the commission;

(2) a sworn complaint filed with the commission; or

(3) a motion required to be adopted by vote of at least four [six] members of the commission.

SECTION 3. Section 571.062(a), Government Code, is amended to read as follows:

(a) The commission, on the affirmative vote of at least four [six] members of the commission, may adopt rules to administer this chapter or any other law administered and enforced by the commission.

SECTION 4. Section 571.069(b), Government Code, is amended to read as follows:

(b) The commission may by a vote of at least four [six] commission members initiate a preliminary review as provided by Section 571.124 or perform a complete audit of a statement or report:

(1) if, before the 31st day after the date the statement or report was originally due, the executive director does not obtain from the person information that permits the executive director to determine that the statement or report complies with law;

(2) if a statement or report returned for resubmission is not resubmitted within the time prescribed by Subsection (a); or

(3) on an affirmative vote of at least four [six] commission members that a statement or report resubmitted under Subsection (a), together with any corrections or additional documentation, does not, in the opinion of the commission, comply with the law requiring the statement or report.

SECTION 5. Section 571.121(a), Government Code, is amended to read as follows:

(a) The commission may:

(1) hold hearings, on its own motion adopted by an affirmative vote of at least four [six] commission members or on a sworn complaint, and render decisions on complaints or reports of violations as provided by this chapter; and

(2) agree to the settlement of issues.

SECTION 6. Section 571.124(b), Government Code, is amended to read as follows:

(b) On a motion adopted by an affirmative vote of at least four [six] commission members, the commission, without a sworn complaint, may initiate a preliminary review of the matter that is the subject of the motion.

SECTION 7. Section 571.1241(b), Government Code, is amended to read as follows:

(b) The commission may reverse the executive director's determination only on the affirmative vote of at least four [six] members.

SECTION 8. Section 571.132(b), Government Code, is amended to read as follows:

(b) The motion must be adopted by a vote of at least four [six] members if the final decision is that a violation has occurred or by three [five] members if the final decision is that a violation has not occurred.

SECTION 9. Sections 571.137(a-1) and (b), Government Code, are amended to read as follows:

(a-1) In connection with a preliminary review, the commission, for good cause and as authorized by this chapter, may subpoena documents and witnesses on application by the commission staff and a motion adopted by a vote of at least four [six] members of the commission, for the purpose of attempting to obtain from the documents or witnesses specifically identified information, if the commission reasonably believes that the specifically identified information:

(1) is likely to be determinative as to whether the subject of an investigation has violated a law within the jurisdiction of the commission;

(2) can be determined from the documents or is known by the witnesses; and

(3) is not reasonably available through a less intrusive means.

(b) At the written request of at least four [six] members of the commission, a peace officer shall serve a subpoena of the commission in the manner prescribed for service of a district court subpoena.

SECTION 10. Section 571.171(a), Government Code, is amended to read as follows:

(a) On a motion adopted by an affirmative vote of at least four [six] commission members, the commission may initiate civil enforcement actions and refer matters to the appropriate prosecuting attorney for criminal prosecution.

SECTION 11. Section 571.023, Government Code, is repealed.

SECTION 12. This Act takes effect on the date on which the constitutional amendment proposed by the 84th Legislature, Regular Session, 2015, to change the number, method of appointment, and terms of members of the Texas Ethics Commission and providing for the governance, purpose, and mission of the commission is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.