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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for a respondent's attorney's fees and costs |
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incurred in defending against a sworn complaint filed with the |
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Texas Ethics Commission. |
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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 |
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amended by adding Section 571.142 to read as follows: |
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Sec. 571.142. LIABILITY FOR RESPONDENT'S COSTS. (a) This |
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section applies only to a sworn complaint if: |
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(1) the complaint was filed after the 60th day before |
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the date of an election; and |
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(2) the respondent is: |
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(A) a candidate in the election; |
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(B) a specific-purpose committee, as defined by |
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Section 251.001, Election Code, that supports only a candidate in |
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the election; or |
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(C) the campaign treasurer of a committee |
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described by Paragraph (B). |
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(b) If, in disposing of a sworn complaint to which this |
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section applies, the commission determines that a violation within |
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the commission's jurisdiction has not occurred, the complainant is |
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liable for: |
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(1) the respondent's reasonable and necessary |
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attorney's fees and other costs incurred in defending against the |
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complaint; and |
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(2) the respondent's reasonable and necessary |
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attorney's fees and other costs incurred in recovering the amounts |
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specified by Subdivision (1). |
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SECTION 2. Section 571.142, Government Code, as added by |
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this Act, applies only to a sworn complaint filed with the Texas |
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Ethics Commission on or after September 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |