Bill Text: TX HB3490 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the development of a reporting system for certain complaints submitted to the Texas Ethics Commission; providing a civil penalty.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-18 - Referred to General Investigating & Ethics [HB3490 Detail]
Download: Texas-2015-HB3490-Introduced.html
| By: Meyer | H.B. No. 3490 | |
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| relating to the development of a reporting system for certain | ||
| complaints submitted to the Texas Ethics Commission; providing a | ||
| civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 571, Government Code, is amended | ||
| by adding Section 571.1223 to read as follows: | ||
| Sec. 571.1223. COMPLAINT PROCEDURE. (a) The commission | ||
| shall develop and implement a procedure for an individual to submit | ||
| a complaint alleging that a person subject to Title 15, Election | ||
| Code, has made a materially false statement in political | ||
| advertising or a campaign communication with knowledge that it was | ||
| false or with reckless disregard of whether it was false or not. | ||
| (b) The commission shall review and investigate a complaint | ||
| submitted through the procedure developed under Subsection (a) and | ||
| determine whether the statement or communication in question was | ||
| materially false and made with knowledge that it was false or with | ||
| reckless disregard of whether it was false or not. | ||
| (c) In reviewing and investigating a complaint submitted | ||
| through the procedure developed under Subsection (a), the | ||
| commission shall notify all persons or organizations identified in | ||
| the complaint at the time the complaint is made and provide them the | ||
| opportunity to respond within a reasonable timeframe as determined | ||
| in rule by the commission. | ||
| (d) All information related to a complaint submitted under | ||
| the procedure adopted by the commission under subsection (a) or an | ||
| investigation remains confidential unless the commission makes a | ||
| determination that the statement or communication in question was | ||
| materially false and made with knowledge that it was false or with | ||
| reckless disregard of whether it was false or not. | ||
| (e) If the commission makes a determination under the | ||
| procedure developed under Subsection (a) that the statement or | ||
| communication in question was materially false and made with | ||
| knowledge that it was false or with reckless disregard of whether it | ||
| was false or not, the commission shall impose a civil penalty of | ||
| $500 against the respondent. | ||
| (f) Disclosure of information which is confidential under | ||
| subsection (d) shall result in a civil penalty of $500 per offense | ||
| imposed by the commission against the individual or organization | ||
| responsible for the disclosure. | ||
| (g) A complaint submitted through the procedure developed | ||
| under Subsection (a) is not subject to the provisions of this | ||
| subchapter governing a sworn complaint filed under Section 571.122. | ||
| SECTION 1. This Act takes effect September 1, 2015. | ||
