Bill Text: TX HB22 | 2015-2016 | 84th Legislature | Engrossed

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Bill Title: Relating to the powers and duties of the Texas Ethics Commission; creating a criminal offense.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2015-05-20 - Referred to State Affairs [HB22 Detail]

Download: Texas-2015-HB22-Engrossed.html

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By: Davis of Harris H.B. No. 22

A BILL TO BE ENTITLED
AN ACT
relati
ng to the powers and duties of the Texas Ethics Commission;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.061(a), Government Code, is amended
to read as follows:
(a) The commission shall administer and enforce:
(1) Chapters 302, 303, 305, 572, and 2004;
(2) Chapter 145, Local Government Code, in connection
with a municipal officer, as defined by that chapter, to the extent
that the municipal officer is required by that chapter to file a
financial statement that complies with Chapter 572;
(3) [Subchapter C,] Chapter 159, Local Government
Code, in connection with a county judicial officer, county officer,
or precinct officer to whom that chapter applies, to the extent that
the county judicial officer, county officer, or precinct officer is
required by that chapter to file a financial statement that
complies with Chapter 572 [as defined by Section 159.051, Local
Government Code, who elects to file a financial statement with the
commission];
(4) [(3)] Title 15, Election Code; [and]
(5) [(4)] Sections 30.00044(j), 2152.064, and
2155.003; and
(6) any requirement under state law that a local
officer in this state file a financial statement that complies with
Chapter 572.
SECTION 2. Section 571.0671, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Electronic report data saved in a commission temporary
storage location for later retrieval and editing before the report
is filed is confidential and may not be disclosed. After the report
is filed, the information disclosed in the report is subject to the
law requiring the filing of the report.
SECTION 3. Section 571.091(a), Government Code, is amended
to read as follows:
(a) The commission shall prepare a written opinion
answering the request of a person subject to any of the following
laws for an opinion about the application of any of these laws to
the person in regard to a specified existing or hypothetical
factual situation:
(1) Chapter 302;
(2) Chapter 303;
(3) Chapter 305;
(4) Chapter 2004;
(5) Chapter 572;
(6) [Subchapter C,] Chapter 145 or 159, Local
Government Code, as provided by Section 571.061(a)(2) or (3), as
applicable;
(7) Title 15, Election Code;
(8) Chapter 36, Penal Code;
(9) Chapter 39, Penal Code;
(10) Section 2152.064; [or]
(11) Section 2155.003;
(12) Section 30.00044(j); or
(13) any other law that the commission is directed to
administer and enforce under Section 571.061.
SECTION 4. 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 5. 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 6. Section 571.140(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b) or (b-1) or by
Section 571.1401 or 571.171, proceedings at a preliminary review
hearing performed by the commission, a sworn complaint, and
documents and any additional evidence relating to the processing,
preliminary review, preliminary review hearing, or resolution of a
sworn complaint or motion are confidential and may not be disclosed
unless entered into the record of a formal hearing or a judicial
proceeding, except that a document or statement that was previously
public information remains public information.
SECTION 7. Subchapter E, Chapter 571, Government Code, is
amended by adding Section 571.1401 to read as follows:
Sec. 571.1401. CERTAIN DISCLOSURE OF INFORMATION. (a) To
protect the public interest, the commission may disclose to a law
enforcement agency information that is confidential under Section
571.140(a).
(b) The commission may disclose information under this
section only to the extent necessary for the recipient of the
information to perform a duty or function that is in addition to the
commission's duties and functions.
(c) Information disclosed to a law enforcement agency under
this section remains confidential, and the agency must take
appropriate measures to maintain that confidentiality.
(d) A person commits an offense if the person discloses
confidential information obtained under this section. An offense
under this subsection is a Class C misdemeanor.
SECTION 8. Section 571.176, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) The commission may impose a civil penalty of not more
than $10,000 for the filing of a frivolous or bad-faith complaint.
In this section:
(1) a complaint is frivolous if the complaint
[subsection, "frivolous complaint" means a complaint that] is
groundless and brought in bad faith or is groundless and brought for
the purpose of harassment; and
(2) a complaint is groundless if the complaint does
not allege a violation of the law that is material, nonclerical, or
nontechnical.
(a-1) The commission shall award to the respondent of a
frivolous complaint:
(1) costs, reasonable attorney's fees, and other
expenses incurred in defending against the complaint as justice and
equity may require; and
(2) sanctions against the person who filed the
complaint as the commission determines sufficient to deter the
person from filing similar frivolous complaints.
(b) In addition to other penalties, a person who files a
frivolous complaint is civilly liable to the respondent in an
amount equal to the greater of $10,000 or the amount of actual
damages incurred by the respondent[, including court costs and
attorney fees].
SECTION 9. Sections 572.030(b), (c), and (d), Government
Code, are amended to read as follows:
(b) The commission shall notify [mail to] each individual
required to file under this subchapter of [a notice that]:
(1) the requirement [states] that the individual [is
required to] file a financial statement under this subchapter;
(2) [identifies] the filing dates for the financial
statement as provided by Sections 572.026 and 572.027; and
(3) [describes] the manner in which the individual may
electronically file the financial statement and access
instructions for filing financial statements on [obtain the
financial statement forms and instructions from] the commission's
Internet website[;
[(4) states that on request of the individual, the
commission will mail to the individual a copy of the financial
statement forms and instructions; and
[(5) states, if applicable, the fee for mailing the
forms and instructions and the manner in which the individual may
pay the fee].
(c) Except as provided by commission rule, the notification
[The notice] required by Subsection (b) must be provided [mailed]:
(1) before the 30th day before the deadline for filing
the financial statement under Section 572.026(a) or (c), except as
otherwise provided by this subsection;
(2) not later than the 15th day after the applicable
deadline for filing an application for a place on the ballot or a
declaration of write-in candidacy for candidates required to file
under Section 572.027(a), (b), or (c);
(3) not later than the seventh day after the date of
appointment for individuals required to file under Section
572.026(b), or if the legislature is in session, sooner if
possible; and
(4) not later than the fifth day after the date the
certificate of nomination is filed for candidates required to file
under Section 572.027(d) [574.027(d)].
(d) Except as provided by commission rule, the [The]
commission shall mail a copy of the financial statement forms and
instructions to an individual not later than the third business day
after the date the commission receives the individual's request for
the forms and instructions.
SECTION 10. This Act takes effect September 1, 2015.