Bill Text: TX SB1298 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the selection of the presiding officer of, voting requirements for action by, and purpose of the Texas Ethics Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-18 - Referred to State Affairs [SB1298 Detail]
Download: Texas-2015-SB1298-Introduced.html
84R13937 MK-D | ||
By: Hall | S.B. No. 1298 |
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relating to the selection of the presiding officer of, voting | ||
requirements for action by, and purpose of the Texas Ethics | ||
Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 571.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 571.001. PURPOSE. It is the policy of the legislature | ||
to protect the constitutional privilege of free suffrage by | ||
regulating elections and prohibiting undue influence while also | ||
protecting the constitutional right of the governed to apply to | ||
their government for the redress of grievances. The purpose of the | ||
Texas Ethics Commission is as provided by Section 24a(c-1), Article | ||
III, Texas Constitution [ |
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SECTION 2. Section 571.027(a), Government Code, is amended | ||
to read as follows: | ||
(a) A member of the commission may not participate in a | ||
commission proceeding relating to any of the following actions if | ||
the member is the subject of the action: | ||
(1) a formal investigation by the commission; | ||
(2) a sworn complaint filed with the commission; or | ||
(3) a motion required to be adopted by vote of at least | ||
four [ |
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SECTION 3. Section 571.062(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission, on the affirmative vote of at least four | ||
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chapter or any other law administered and enforced by the | ||
commission. | ||
SECTION 4. Section 571.069(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission may by a vote of at least four [ |
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commission members initiate a preliminary review as provided by | ||
Section 571.124 or perform a complete audit of a statement or | ||
report: | ||
(1) if, before the 31st day after the date the | ||
statement or report was originally due, the executive director does | ||
not obtain from the person information that permits the executive | ||
director to determine that the statement or report complies with | ||
law; | ||
(2) if a statement or report returned for resubmission | ||
is not resubmitted within the time prescribed by Subsection (a); or | ||
(3) on an affirmative vote of at least four [ |
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commission members that a statement or report resubmitted under | ||
Subsection (a), together with any corrections or additional | ||
documentation, does not, in the opinion of the commission, comply | ||
with the law requiring the statement or report. | ||
SECTION 5. Section 571.121(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission may: | ||
(1) hold hearings, on its own motion adopted by an | ||
affirmative vote of at least four [ |
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sworn complaint, and render decisions on complaints or reports of | ||
violations as provided by this chapter; and | ||
(2) agree to the settlement of issues. | ||
SECTION 6. Section 571.124(b), Government Code, is amended | ||
to read as follows: | ||
(b) On a motion adopted by an affirmative vote of at least | ||
four [ |
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complaint, may initiate a preliminary review of the matter that is | ||
the subject of the motion. | ||
SECTION 7. Section 571.1241(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission may reverse the executive director's | ||
determination only on the affirmative vote of at least four [ |
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members. | ||
SECTION 8. Section 571.132(b), Government Code, is amended | ||
to read as follows: | ||
(b) The motion must be adopted by a vote of at least four | ||
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or by three [ |
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has not occurred. | ||
SECTION 9. Sections 571.137(a-1) and (b), Government Code, | ||
are amended to read as follows: | ||
(a-1) In connection with a preliminary review, the | ||
commission, for good cause and as authorized by this chapter, may | ||
subpoena documents and witnesses on application by the commission | ||
staff and a motion adopted by a vote of at least four [ |
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of the commission, for the purpose of attempting to obtain from the | ||
documents or witnesses specifically identified information, if the | ||
commission reasonably believes that the specifically identified | ||
information: | ||
(1) is likely to be determinative as to whether the | ||
subject of an investigation has violated a law within the | ||
jurisdiction of the commission; | ||
(2) can be determined from the documents or is known by | ||
the witnesses; and | ||
(3) is not reasonably available through a less | ||
intrusive means. | ||
(b) At the written request of at least four [ |
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the commission, a peace officer shall serve a subpoena of the | ||
commission in the manner prescribed for service of a district court | ||
subpoena. | ||
SECTION 10. Section 571.171(a), Government Code, is amended | ||
to read as follows: | ||
(a) On a motion adopted by an affirmative vote of at least | ||
four [ |
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enforcement actions and refer matters to the appropriate | ||
prosecuting attorney for criminal prosecution. | ||
SECTION 11. Section 571.023, Government Code, is repealed. | ||
SECTION 12. This Act takes effect on the date on which the | ||
constitutional amendment proposed by the 84th Legislature, Regular | ||
Session, 2015, to change the number, method of appointment, and | ||
terms of members of the Texas Ethics Commission and providing for | ||
the governance, purpose, and mission of the commission is approved | ||
by the voters. If that amendment is not approved by the voters, | ||
this Act has no effect. |