| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the ethics violations registry maintained by the Texas |
|
|
Ethics Commission and the requirement that state agencies verify an |
|
|
applicant's status on the registry before issuing or renewing a |
|
|
license. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Texas Ethics |
|
|
Compliance Act of 2025. |
|
|
SECTION 2. Chapter 571, Government Code, Subchapter B is |
|
|
amended to add Section 571.178 to read as follows: |
|
|
Sec. 571.178. ETHICS VIOLATIONS REGISTRY. (a) The |
|
|
commission shall establish and maintain an Texas Ethics Violations |
|
|
Registry that is made available on the commission's Internet |
|
|
website that lists individuals and entities with ethics violations |
|
|
under this code. |
|
|
(b) An individual or entity shall be placed on the registry |
|
|
upon: |
|
|
(1) the commission issuing a fine related to a |
|
|
violation; and |
|
|
(2) the individual or entity has exhausted all appeals |
|
|
opportunities. |
|
|
(c) The registry must include: |
|
|
(1) the name of the individual or entity; |
|
|
(2) the nature of the violation; |
|
|
(3) the date the violation was issued; and |
|
|
(4) any actions taken by the commission regarding the |
|
|
violation. |
|
|
(d) The commission shall remove an individual or entity from |
|
|
the registry upon compliance with all administrative penalties, |
|
|
fines, or corrective actions required as a result of the ethics |
|
|
complaint. |
|
|
(e) The commission shall adopt rules to ensure due process |
|
|
protections for individuals and entities placed on the registry, |
|
|
including notice and the opportunity to contest placement. |
|
|
SECTION 3. Chapter 2001, Government Code, Subchapter A is |
|
|
amended to add Section 2001.008 to read as follows: |
|
|
Sec. 2001.008. ETHICS VIOLATIONS REGISTRY REVIEW FOR |
|
|
LICENSING PURPOSES. (a) Each state agency with licensing authority |
|
|
shall, before issuing or renewing a license, verify whether the |
|
|
applicant is listed on the Texas Ethics Violations Registry. |
|
|
(b) State agencies include, but are not limited to: |
|
|
(1) The Texas Department of Licensing and Regulations; |
|
|
(2) The Texas Department of Motor Vehicles; |
|
|
(3) The Texas Medical Board; |
|
|
(4) The State Bar of Texas; |
|
|
(5) The Texas Real Estate Commission; |
|
|
(6) The Texas Commission on Law Enforcement; |
|
|
(7) The Texas Department of Insurance; |
|
|
(8) The Texas Alcoholic Beverage Commission; and |
|
|
(9) Any other licensing agency designated by the Texas |
|
|
Ethics Commission. |
|
|
(c) If an applicant is listed on the Texas Ethics Violations |
|
|
registry: |
|
|
(1) the licensing agency shall provide written |
|
|
notification to the applicant of their registry status; |
|
|
(2) the agency shall delay the issuance or renewal of |
|
|
the license pending resolution of the ethics violation or |
|
|
violations; and |
|
|
(3) In accordance with state or federal law, the |
|
|
agency shall deny the application or impose appropriate conditions |
|
|
until the ethics violation is resolved. |
|
|
(d) The licensing agency shall adopt rules to ensure |
|
|
procedural fairness for applicants and provide a mechanism for |
|
|
applicants to challenge adverse licensing decisions based on |
|
|
registry status. |
|
|
SECTION 4. As soon as possible after the effective date of |
|
|
this Act, the Texas Ethics Commission and each state agency subject |
|
|
to this Act shall adopt rules and procedures necessary for |
|
|
implementation. |
|
|
SECTION 5. Except as otherwise provided by rules adopted by |
|
|
the Texas Ethics Commission under Section 571.178, Government Code, |
|
|
as added by this Act, the withholding of licenses issued or renewed |
|
|
applies to all violators of Texas Ethics Commission violations |
|
|
before, on, or after the effective date of this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2025. |