H.B. No. 3218

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