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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of legal services for, and to the |
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collection and deposit of, civil penalties imposed by and other |
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obligations owed to 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 402.0212, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) This section does not apply to the Texas Ethics |
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Commission. |
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SECTION 2. Subchapter C, Chapter 571, Government Code, is |
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amended by adding Sections 571.080 and 571.081 to read as follows: |
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Sec. 571.080. USE OF APPROPRIATED MONEY TO RETAIN OUTSIDE |
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COUNSEL. Notwithstanding any other law, the commission: |
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(1) may use appropriated money to contract with |
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outside legal counsel for the purpose of collecting a civil penalty |
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the commission imposes; and |
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(2) is not required to request or obtain approval from |
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the attorney general before contracting with outside legal counsel |
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under Subdivision (1). |
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Sec. 571.081. DEPOSIT OF CIVIL PENALTIES TO GENERAL REVENUE |
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FUND. (a) The comptroller shall deposit to the credit of the |
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general revenue fund the proceeds from a civil penalty collected |
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for a violation of a law the commission administers and enforces and |
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that is not paid voluntarily. |
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(b) Money the comptroller deposits to the credit of the |
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general revenue fund under this section may only be appropriated to |
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the commission for the purpose of collecting civil penalties for a |
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violation of a law the commission administers and enforces. |
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SECTION 3. Section 2107.003, Government Code, is amended by |
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amending Subsections (a), (d), (e), (g), (h), and (i) and adding |
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Subsections (k) and (l) to read as follows: |
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(a) Except as provided by Subsection (c), [or] (c-1), (k), |
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or (l), a state agency shall refer an uncollected and delinquent |
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obligation that meets the referral guidelines established by the |
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attorney general to the attorney general for further collection |
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efforts. The state agency must refer the obligation on or before |
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the 90th day after the date the obligation becomes past due or |
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delinquent. |
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(d) The agency contracting under Subsection (b), [or] (c), |
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(k), or (l) is entitled to recover from the obligor, in addition to |
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the amount of the obligation, reasonable costs incurred in |
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undertaking the collection, including the costs of a contract under |
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this section, in an amount not to exceed 30 percent of the total |
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amount of the obligation. |
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(e) A person awarded a contract under Subsection (b), (c), |
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[or] (c-1), (k), or (l) may not file suit or otherwise pursue |
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judicial action to collect the obligation owed in a court of this |
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state or another state on behalf of the contracting state agency. |
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(g) The contracting state agency may provide a person |
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contracting under Subsection (b), (c), [or] (c-1), (k), or (l) any |
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information, including confidential information, that the agency |
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is not prohibited from sharing with another state or with the United |
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States and that is: |
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(1) in the custody of the agency owed the obligation; |
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and |
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(2) necessary to the collection of the obligation. |
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(h) A person acting under a contract formed under Subsection |
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(b), (c), [or] (c-1), (k), or (l) and each employee or agent of that |
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person is subject to all statutory prohibitions against the |
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wrongful disclosure of confidential information that the |
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contracting state agency and its employees are subject to. A |
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contractor's employee is subject to the same penalties for wrongful |
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disclosure of confidential information as would apply to the |
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employees of the contracting agency. |
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(i) The contracting agency shall require a person who |
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contracts under Subsection (b), (c), [or] (c-1), (k), or (l) to |
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obtain and maintain insurance adequate to provide reasonable |
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coverage for damages negligently, recklessly, or intentionally |
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caused by the contractor or the contractor's employee or agent in |
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the course of collecting an obligation under the contract. |
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(k) The Texas Ethics Commission may employ, retain, or |
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contract with a person other than a full-time state employee to |
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collect delinquent obligations owed to the commission in the |
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commission's official capacity. The commission may use money |
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appropriated to the commission for the purpose of enforcing laws |
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administered and enforced by the commission to employ, retain, or |
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contract with a person under this subsection. A person contracted |
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under this subsection is entitled to a collection fee, as provided |
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under the contract, in an amount not to exceed 30 percent of the |
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full amount of the obligation collected. |
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(l) The Texas Ethics Commission may contract with one or |
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more persons to collect delinquent obligations that have been |
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referred to the attorney general if the attorney general has |
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returned the matter to the commission after exhausting all |
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reasonable efforts or has not taken action to collect the |
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obligation before the sixth month after the date the attorney |
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general received the referral. A person contracted under this |
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subsection is entitled to a collection fee equal to 30 percent of |
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the full amount of the obligation collected. |
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SECTION 4. This Act takes effect September 1, 2025. |