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AN ACT
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relating to the filing of sworn complaints with the Texas Ethics |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.122, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) An individual may file with the commission a sworn |
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complaint[, on a form prescribed by the commission,] alleging that |
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a person subject to a law administered and enforced by the |
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commission has violated a rule adopted by or a law administered and |
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enforced by the commission. A sworn complaint must be filed on a |
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form prescribed by the commission. The commission shall make the |
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complaint form available on the Internet. The form prescribed by |
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the commission must require the complainant to provide the |
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following information for both the complainant and the respondent: |
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(1) the person's name; |
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(2) the person's telephone number; |
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(3) the person's electronic mail address, if known; |
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and |
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(4) the physical address of the person's home or |
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business. |
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(b-1) An individual must be a resident of this state to be |
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eligible to file a sworn complaint with the commission. A copy of |
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one of the following documents must be attached to the complaint: |
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(1) the complainant's driver's license or personal |
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identification certificate issued under Chapter 521, |
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Transportation Code, or commercial driver's license issued under |
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Chapter 522, Transportation Code; or |
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(2) a utility bill, bank statement, government check, |
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paycheck, or other government document that: |
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(A) shows the name and address of the |
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complainant; and |
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(B) is dated not more than 30 days before the date |
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on which the complaint is filed. |
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SECTION 2. Subchapter E, Chapter 571, Government Code, is |
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amended by adding Section 571.1221 to read as follows: |
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Sec. 571.1221. DISMISSAL OF COMPLAINT FILED AT DIRECTION OR |
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URGING OF NONRESIDENT. At any stage of a proceeding under this |
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subchapter, the commission shall dismiss the complaint if the |
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commission determines that the complaint was filed at the direction |
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or urging of a person who is not a resident of this state. |
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SECTION 3. Section 571.123(c), Government Code, is amended |
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to read as follows: |
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(c) If the commission determines that the complaint does not |
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comply with the form requirements, the commission shall send the |
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complaint to the complainant with the written notice, a statement |
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explaining how the complaint fails to comply, and a copy of the |
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rules for filing sworn complaints. The commission shall send a copy |
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of the rejected complaint to the respondent with the written notice |
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and the statement explaining how the complaint fails to comply. The |
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complainant may resubmit the complaint not later than the 21st day |
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after the date the notice under Subsection (b) is mailed. If the |
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commission determines that the complaint is not resubmitted within |
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the 21-day period, the commission shall: |
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(1) dismiss the complaint; and |
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(2) not later than the fifth business day after the |
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date of the dismissal, send written notice to the complainant and |
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the respondent of the dismissal and the grounds for dismissal. |
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SECTION 4. Section 571.122, Government Code, as amended by |
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this Act, and Section 571.1221, Government Code, as added by this |
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Act, apply only to a sworn complaint filed with the Texas Ethics |
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Commission on or after the effective date of this Act. A sworn |
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complaint filed with the Texas Ethics Commission before the |
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effective date of this Act is governed by the law in effect on the |
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date the complaint is filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3218 was passed by the House on April |
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30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3218 on May 23, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3218 on May 31, 2009, by the following vote: Yeas 140, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3218 was passed by the Senate, with |
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amendments, on May 18, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3218 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |