85R5711 ATP-D
	By: Birdwell	S.B. No. 612

	A BILL TO BE ENTITLED
	AN ACT
	relating to complaints filed with the Texas Ethics Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 571.0771, Government Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  Subsection (a) applies to a statement filed under
	Chapter 572 regardless of whether another person has filed a sworn
	complaint pertaining to the statement.
	SECTION 2.  Sections 571.124(c), (e), and (f), Government
	Code, are amended to read as follows:
	(c)  The commission [executive director] shall determine in
	writing whether the commission has jurisdiction over the violation
	of law alleged in a sworn complaint processed under Section
	571.123.
	(e)  If the commission [executive director] determines that
	the commission has jurisdiction, the notice under Section
	571.123(b) must include:
	(1)  a statement that the commission has jurisdiction
	over the violation of law alleged in the complaint;
	(2)  a statement of whether the complaint will be
	processed as a Category One violation or a Category Two violation,
	subject to reconsideration as provided for by Section 571.1212;
	(3)  the date by which the respondent is required to
	respond to the notice;
	(4)  a copy of the complaint and the rules of procedure
	of the commission;
	(5)  a statement of the rights of the respondent;
	(6)  a statement inviting the respondent to provide to
	the commission any information relevant to the complaint; and
	(7)  a statement that a failure to timely respond to the
	notice will be treated as a separate violation.
	(f)  If the commission [executive director] determines that
	the commission does not have jurisdiction over the violation
	alleged in the complaint, the commission [executive director]
	shall:
	(1)  dismiss the complaint; and
	(2)  not later than the fifth business day after the
	date of the dismissal, send to the complainant and the respondent
	written notice of the dismissal and the grounds for the dismissal.
	SECTION 3.  The heading to Section 571.1241, Government
	Code, is amended to read as follows:
	Sec. 571.1241.  REVIEW OF [EXECUTIVE DIRECTOR'S]
	DETERMINATION OF NO JURISDICTION.
	SECTION 4.  Sections 571.1241(a) and (b), Government Code,
	are amended to read as follows:
	(a)  The [If the executive director determines that the
	commission does not have jurisdiction over the violation alleged in
	the complaint, the] complainant or respondent may request that the
	commission review the commission's determination under Section
	571.124 of whether the commission has jurisdiction over the
	violation alleged in the complaint. A request for review under this
	section must be filed not later than the 30th day after the date the
	complainant or respondent receives the commission's [executive
	director's] determination. The commission must review the
	determination made under Section 571.124 and determine whether the
	commission made the correct determination not later than the 30th
	day after the commission receives the request for review under this
	subsection.
	(b)  The commission may reverse the commission's [executive
	director's] determination under Section 571.124 only on the
	affirmative vote of at least six members.
	SECTION 5.  Section 571.125, Government Code, is amended by
	adding Subsection (f) to read as follows:
	(f)  Counsel for the respondent may subpoena a witness to a
	preliminary review hearing in the same manner as an attorney may
	issue a subpoena in a proceeding in a county or district court.
	SECTION 6.  Section 571.130, Government Code, is amended by
	adding Subsection (f) to read as follows:
	(f)  Counsel for the respondent may subpoena a witness to a
	formal hearing in the same manner as an attorney may issue a
	subpoena in a proceeding in a county or district court.
	SECTION 7.  Subchapter E, Chapter 571, Government Code, is
	amended by adding Section 571.1325 to read as follows:
	Sec. 571.1325.  TIME FOR FINAL RESOLUTION OF COMPLAINT. (a)
	The commission shall finally resolve a complaint alleging a
	Category One violation not later than the first anniversary of the
	date the complaint is filed.
	(b)  The commission shall finally resolve a complaint
	alleging a Category Two violation not later than 18 months after the
	date the complaint is filed.
	SECTION 8.  The changes in law made by this Act to Chapter
	571, Government Code, apply only to the effect or resolution of a
	complaint filed under that chapter on or after the effective date of
	this Act. The effect or resolution of a complaint filed before the
	effective date of this Act is governed by the law in effect when the
	complaint was filed, and the former law is continued in effect for
	that purpose.
	SECTION 9.  This Act takes effect September 1, 2017.