CHAPTER 571. TEXAS ETHICS COMMISSION
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS
SUBTITLE B. ETHICS
CHAPTER 571. TEXAS ETHICS COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
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. This chapter is
intended to achieve those purposes and shall be construed to
achieve the following objectives:
(1) to control and reduce the cost of elections;
(2) to eliminate opportunities for undue influence over
elections and governmental actions;
(3) to disclose fully information related to expenditures and
contributions for elections and for petitioning the government;
(4) to enhance the potential for individual participation in
electoral and governmental processes; and
(5) to ensure the public's confidence and trust in its
government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Ethics Commission.
(2) "Complainant" means an individual who files a sworn
complaint with the commission.
(2-a) "Executive director" means the executive director of the
commission.
(3) "Political party" includes only a political party required
to hold a primary election under Section 172.001, Election Code.
(4) "Respondent" means a person who is alleged to have committed
a violation of a rule adopted by or a law administered and
enforced by the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.01, eff.
Sept. 1, 2003.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 571.021. TEXAS ETHICS COMMISSION. This chapter applies to
the Texas Ethics Commission created under Article III, Section
24a, of the Texas Constitution.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.022. SUNSET PROVISION. The commission is subject to
review under Chapter 325 (Texas Sunset Act), but is not abolished
under that chapter. The commission shall be reviewed during the
periods in which state agencies abolished in 2015 and every 12th
year after that year are reviewed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 1449, Sec. 2.05, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 249, Sec. 1.02, eff.
Sept. 1, 2003.
Sec. 571.0221. DISCRIMINATION PROHIBITED. Appointments to the
commission shall be made without regard to the race, color,
disability, sex, age, national origin, or religion of the
appointees.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Renumbered from Government Code Sec. 571.033 and amended by
Acts 2003, 78th Leg., ch. 249, Sec. 1.07, eff. Sept. 1, 2003.
Sec. 571.023. PRESIDING OFFICER. The members of the commission
shall elect annually the presiding officer of the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.0231. RESTRICTION ON COMMISSION MEMBERSHIP. A person
may not be a member of the commission if the person is required
to register as a lobbyist under Chapter 305.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.03, eff. Sept. 1,
2003.
Sec. 571.0232. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission that a member:
(1) does not have at the time of taking office the
qualifications required by Section 24a, Article III, Texas
Constitution;
(2) does not maintain during service on the commission the
qualifications required by Section 24a, Article III, Texas
Constitution;
(3) is ineligible for membership under Section 571.0231;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend during
a calendar year without an excuse approved by a majority vote of
the commission.
(b) The validity of an action of the commission is not affected
by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the commission of the potential ground.
The presiding officer shall then notify the governor and the
attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest ranking
officer of the commission, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.03, eff. Sept. 1,
2003.
Sec. 571.024. EXPENSES. A member of the commission is entitled
to travel expenses incurred in performing official duties and to
a per diem equal to the maximum amount allowed on January 1 of
that year for federal employees per diem for federal income tax
purposes, subject to the same limitations for members of state
boards and commissions in the General Appropriations Act.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.025. MEETINGS. The commission shall meet at least once
each calendar quarter and at other times at the call of the
presiding officer.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.026. QUORUM; VOTE REQUIRED. (a) A majority of the
membership of the commission constitutes a quorum.
(b) A vacancy on the commission may not be considered in
determining the membership of the commission for the purpose of a
quorum.
(c) An action or recommendation of the commission requiring a
vote of the commission is not valid unless:
(1) the action or recommendation is approved by a record vote
taken at a meeting of the commission with a quorum present; and
(2) except as otherwise provided by this chapter, the action or
recommendation receives an affirmative vote of a majority of the
membership of the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.04, eff.
Sept. 1, 2003.
Sec. 571.027. PROHIBITED PARTICIPATION. (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 adopted by vote of at least six members of the
commission.
(b) A member of the commission may not participate in or vote on
any matter before the commission if the matter concerns the
member directly or an individual related to the member within the
second degree by affinity or consanguinity.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.05, eff.
Sept. 1, 2003.
Sec. 571.0271. COMMISSION MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the
commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission, with an emphasis on the rules
that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter 2001; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.06, eff. Sept. 1,
2003.
Sec. 571.028. PROHIBITED CANDIDACY. A member of the commission
may not be a candidate for an elective public office for 12
months after the date on which the member ends service on the
commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.029. STAFF. (a) The commission may employ staff,
including an executive director and a general counsel, necessary
to administer the commission's functions.
(b) The commission may not employ a person and an employee of
the commission may not continue in employment with the commission
if the person at the time of employment or while employed by the
commission is:
(1) an officer of a political party, a political subdivision, or
a political committee;
(2) a person required to be registered under Chapter 305;
(3) a candidate or campaign treasurer subject to Title 15,
Election Code; or
(4) a member of the legislature.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.030. SEPARATION OF RESPONSIBILITIES. The commission
shall develop and implement policies that clearly separate the
policy-making responsibilities of the commission and the
management responsibilities of the executive director and the
staff of the commission.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.06, eff. Sept. 1,
2003.
Sec. 571.0301. INFORMATION TO MEMBERS AND EMPLOYEES. The
executive director or the executive director's designee shall
provide to members and employees of the commission, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.06, eff. Sept. 1,
2003.
Sec. 571.0302. EQUAL EMPLOYMENT POLICY. (a) The executive
director or the executive director's designee shall prepare and
maintain a written policy statement that implements a program of
equal employment opportunity to ensure that all personnel
decisions are made without regard to race, color, disability,
sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
commission's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.06, eff. Sept. 1,
2003.
Sec. 571.031. RECORDS. Except as provided by Sections
571.139(a) and 571.140, Chapter 552 applies to all records of the
commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.032. MAILING OF NOTICES, DECISIONS, AND REPORTS. (a)
Except as provided by Subsection (b), each written notice,
decision, and report required to be sent under this chapter shall
be sent by registered or certified mail, restricted delivery,
return receipt requested.
(b) After written notice under Section 571.123(b) regarding the
filing of a sworn complaint has been sent to a person in the
manner required by Subsection (a), the commission may send the
person any additional notices regarding the complaint by regular
mail unless the person has notified the commission to send all
notices regarding the complaint by registered or certified mail,
restricted delivery, return receipt requested.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
554, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 571.061. LAWS ADMINISTERED AND ENFORCED BY COMMISSION. (a)
The commission shall administer and enforce:
(1) Chapters 302, 303, 305, 572, and 2004;
(2) Subchapter C, Chapter 159, Local Government Code, in
connection with a county judicial officer, as defined by Section
159.051, Local Government Code, who elects to file a financial
statement with the commission;
(3) Title 15, Election Code; and
(4) Sections 2152.064 and 2155.003.
(b) The commission shall perform any other powers or duties
given to the commission under a law listed in Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 506, Sec. 3, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 507, Sec. 3, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1154, Sec. 5, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 3.07, eff. September 1, 2007.
Sec. 571.062. RULES. (a) The commission, on the affirmative
vote of at least six members of the commission, may adopt rules
to administer this chapter or any other law administered and
enforced by the commission.
(b) Chapter 2001, relating to rules and rulemaking, applies to
the commission to the extent consistent with this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.063. RULES CONCERNING GIFTS TO REGULATORY AGENCY
OFFICERS AND EMPLOYEES. (a) The commission shall require each
regulatory agency in the executive branch to develop rules
limiting the acceptance of gifts or other benefits from persons
appearing before or regulated by the agency. The rules must be at
least as restrictive as the rules of the commission.
(b) The commission shall provide for the submission of those
rules to the commission for approval.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.0631. RULES CONCERNING TECHNICAL AND CLERICAL
VIOLATIONS. The commission shall adopt rules prescribing
procedures for investigating and resolving technical and clerical
violations of laws within the commission's jurisdiction. For
registrations and reports filed under Chapter 305, the commission
shall consider clerical violations to include obvious
typographical errors. A registrant filing a registration or
report under Chapter 305 may correct obvious typographical errors
without penalty by filing either a corrected registration or
report or an updated or amended registration or report.
Added by Acts 2009, 81st Leg., R.S., Ch.
604, Sec. 1, eff. September 1, 2009.
Sec. 571.064. REPORTING AND REGISTRATION THRESHOLDS. (a) If a
law administered and enforced by the commission authorizes the
commission to determine dollar amounts as reporting or
registration thresholds, the commission shall set those
thresholds in amounts that are reasonable, are in the public
interest, and further the purposes of the reporting or
registration law involved.
(b) If a law administered and enforced by the commission sets
dollar amounts or categories of amounts as reporting thresholds
or if the commission sets those amounts, the commission annually
shall adjust those thresholds upward to the nearest multiple of
$10 in accordance with the percentage increase for the previous
year in the Consumer Price Index for Urban Consumers published by
the Bureau of Labor Statistics of the United States Department of
Labor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.0645. FILING DEADLINE FOR ELECTRONIC REPORTS. The
commission shall by rule establish that the deadline for any
report filed electronically with the commission is midnight on
the last day for filing the report under the law requiring the
filing of the report.
Added by Acts 2007, 80th Leg., R.S., Ch.
472, Sec. 5, eff. September 1, 2007.
Sec. 571.065. FORMS. (a) The commission shall prescribe forms
for statements and reports required to be filed with the
commission.
(b) The commission shall provide for the distribution of the
forms.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.066. ELECTRONIC DATA BASE. (a) The Department of
Information Resources shall study the implementation of the most
appropriate electronic data base to enhance the commission's
abilities to administer this chapter.
(b) The commission shall:
(1) establish an electronic data base composed of statements and
reports filed with the commission;
(2) provide the public with access to that data;
(3) establish a system to provide access by electronic data
transmittal processes to that data;
(4) set and charge a fee for electronic access to the data base
in an amount reasonable and necessary to cover the costs of
access; and
(5) ensure that entries entered on multiple reports may be
electronically cross-referenced in the data base.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.067. COMPUTER SOFTWARE. The commission may develop
computer software to facilitate the discharge of its statutory
duties.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE. (a)
Computer software provided or approved by the commission for use
under Section 254.036(b), Election Code, or Section 302.013 or
305.0064 must:
(1) use a standardized format for the entry of names, addresses,
and zip codes;
(2) provide for secure and encoded transmission of data from the
computer of a person filing a report to the computers used by the
commission;
(3) be capable of being used by a person with basic computing
skills;
(4) provide confirmation to a person filing a report that the
report was properly received; and
(5) permit a person using a computer to prepare a report or to
retrieve information from a report to import information to the
report from a variety of computer software applications that meet
commission specifications for a standard file format or export
information from the report to a variety of computer software
applications that meet commission specifications for a standard
file format without the need to reenter information.
(b) Before determining the specifications for computer software
developed, purchased, or licensed for use under Section 254.036,
Election Code, or Section 302.013 or 305.0064, the commission
shall conduct at least one public hearing to discuss the
specifications. For at least 10 days following the hearing, the
commission shall accept public comments concerning the software
specifications.
(c) The commission may provide software for use under Section
254.036(b), Election Code, or Section 302.013 or 305.0064 by
making the software available on the Internet. If the commission
makes the software available on the Internet, the commission is
not required to provide the software on computer diskettes,
CD-ROMs, or other storage media without charge to persons
required to file reports under that section, but may charge a fee
for providing the software on storage media. A fee under this
subsection may not exceed the cost to the commission of providing
the software.
Added by Acts 1999, 76th Leg., ch. 1434, Sec. 2, eff. Sept. 1,
1999. Renumbered from Election Code Sec. 254.0361 and amended by
Acts 2003, 78th Leg., ch. 249, Sec. 1.08, eff. Sept. 1, 2003.
Sec. 571.0672. PROPOSITION OF TECHNOLOGICAL SOLUTIONS. The
commission shall develop and implement a policy requiring the
executive director and commission employees to research and
propose appropriate technological solutions to improve the
commission's ability to perform its functions. The technological
solutions must:
(1) ensure that the public is able to easily find information
about the commission on the Internet;
(2) ensure that persons who want to use the commission's
services are able to:
(A) interact with the commission through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the commission's
planning processes.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.09, eff. Sept. 1,
2003.
Sec. 571.068. ACCOUNT NUMBERS. The commission shall assign an
account number to each person required to file a statement or
report with the commission under a law administered and enforced
by the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.069. REVIEW OF STATEMENTS AND REPORTS; AUDITS. (a)
The commission shall review for facial compliance randomly
selected statements and reports filed with the commission and may
review any available documents. The commission shall return for
resubmission with corrections or additional documentation a
statement or report that does not, in the opinion of the
commission, comply with the law requiring the statement or
report. A statement or report returned for resubmission is
considered to have been filed on the date the statement or report
was originally filed if:
(1) the statement or report is resubmitted to the commission not
later than the seventh business day after the date the person
filing the statement or report receives the returned statement or
report; and
(2) the resubmitted statement or report complies with law.
(b) The commission may by a vote of at least six 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 six 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.
(c) Any audited statement, report, document, or other material
is confidential and may not be disclosed unless the statement,
report, document, or other material:
(1) was previously public information; or
(2) is entered into the record of a formal hearing or a judicial
proceeding.
(d) The party who is the subject of the audit may waive
confidentiality by sending written notice to the commission.
(e) The commission may not audit a statement or report filed
before January 1, 1992, under a law administered and enforced
before that date by the secretary of state.
(f) This section may not be construed as limiting or affecting
the commission's authority to, on the filing of a motion or
receipt of a sworn complaint, review or investigate the
sufficiency of a statement or report.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.10, eff.
Sept. 1, 2003.
Sec. 571.070. MANUAL. The commission shall adopt by rule and
publish a manual that establishes uniform methods of accounting
and reporting for use by persons required to file statements and
reports with the commission and that includes a digest of each
advisory opinion issued by the commission under Subchapter D.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.071. TRAINING; GUIDELINES. (a) The commission shall:
(1) provide training by January of each odd-numbered year for
members and members-elect of the legislature concerning
compliance with the laws administered and enforced by the
commission; and
(2) provide, in cooperation with state agencies, a program of
ethics training for state employees.
(b) The commission may disseminate, through pamphlets and
seminars, explanations and compliance guidelines concerning any
law administered and enforced by the commission.
(c) The commission may provide a seminar for persons required to
register under Chapter 305 that addresses issues involving
lobbying, political contributions and expenditures, and other
issues as determined by the commission. The commission may charge
a fee for attending the seminar in an amount necessary to cover
the costs associated with the seminar.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.11, eff.
Sept. 1, 2003.
Sec. 571.072. PUBLIC ACCESS. (a) The commission shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the commission and to speak on
issues under the general jurisdiction of the commission.
(b) The commission shall prepare and maintain a written plan
that describes how a person who does not speak English or who has
a physical, mental, or developmental disability may be provided
reasonable access to commission proceedings.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.073. REPORT. On or before December 31 of each
even-numbered year, the commission shall report to the governor
and legislature. The report must include:
(1) each advisory opinion issued by the commission under
Subchapter D in the preceding two years;
(2) a summary of commission activities in the preceding two
years, including:
(A) the number of sworn complaints filed with the commission;
(B) the number of sworn complaints dismissed for noncompliance
with statutory form requirements;
(C) the number of sworn complaints dismissed for lack of
jurisdiction;
(D) the number of sworn complaints dismissed after a finding of
no credible evidence of a violation;
(E) the number of sworn complaints dismissed after a finding of
a lack of sufficient evidence to determine whether a violation
within the jurisdiction of the commission has occurred;
(F) the number of sworn complaints resolved by the commission
through an agreed order;
(G) the number of sworn complaints in which the commission
issued an order finding a violation and the resulting penalties,
if any; and
(H) the number and amount of civil penalties imposed for failure
to timely file a statement or report, the number and amount of
those civil penalties fully paid, the number and amount of those
civil penalties partially paid, and the number and amount of
those civil penalties no part of which has been paid, for each of
the following category of statements and reports, listed
separately:
(i) financial statements required to be filed under Chapter 572;
(ii) political contribution and expenditure reports required to
be filed under Section 254.063, 254.093, 254.123, 254.153, or
254.157, Election Code;
(iii) political contribution and expenditure reports required to
be filed under Section 254.064(b), 254.124(b), or 254.154(b),
Election Code;
(iv) political contribution and expenditure reports required to
be filed under Section 254.064(c), 254.124(c), or 254.154(c),
Election Code;
(v) political contribution and expenditure reports required to
be filed under Section 254.038 or 254.039, Election Code; and
(vi) political contribution and expenditure reports required to
be filed under Section 254.0391, Election Code; and
(3) recommendations for any necessary statutory changes.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.12, eff.
Sept. 1, 2003.
Sec. 571.074. GIFTS AND GRANTS. The commission may accept gifts
and grants for the administration of its duties.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.075. DELEGATION OF AUTHORITY. The commission by rule
may delegate a power conferred on it by this chapter or another
law administered by the commission, except:
(1) any power requiring a vote of the commission;
(2) rulemaking authority; or
(3) authority to issue an advisory opinion under Subchapter D.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.076. CONTRACT FOR ADMINISTRATION. The commission may
contract with persons to administer and carry out this chapter
and rules, standards, and orders adopted under this chapter,
excluding any enforcement authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.077. STATEMENTS, REGISTRATIONS, AND REPORTS CONSIDERED
TO BE VERIFIED. (a) A statement, registration, or report that
is filed with the commission is considered to be under oath by
the person required to file the statement, registration, or
report regardless of the absence of or defect in the affidavit of
verification, including a signature.
(b) A person required to file a statement, registration, or
report with the commission is subject to prosecution under
Chapter 37, Penal Code, regardless of the absence of or defect in
the affidavit of verification.
(c) This section applies to a statement, registration, or report
that is filed with the commission electronically or otherwise.
Added by Acts 1995, 74th Leg., ch. 996, Sec. 6, eff. Sept. 1,
1995.
Sec. 571.0771. CORRECTED STATEMENTS, REGISTRATIONS, AND REPORTS
CONSIDERED TIMELY FILED. (a) A statement, registration, or
report required that is filed with the commission is not
considered to be late for purposes of any applicable civil
penalty for late filing of the statement, registration, or report
if:
(1) any error or omission in the statement, registration, or
report as originally filed was made in good faith; and
(2) not later than the 14th business day after the date the
person filing the statement, registration, or report learns that
the statement, registration, or report as originally filed is
inaccurate or incomplete, the person files:
(A) a corrected or amended statement, registration, or report;
and
(B) an affidavit stating that the error or omission in the
original statement, registration, or report was made in good
faith.
(b) Subsection (a) does not apply to:
(1) a penalty imposed under Section 571.069 or Subchapter E or F;
or
(2) a report required to be filed under Section 254.038,
254.039, 254.064(c), 254.124(c), or 254.154(c), Election Code.
(b-1) Repealed by Acts 2007, 80th Leg., R.S., Ch. 324, Sec. 2,
eff. September 1, 2007.
(b-2) Repealed by Acts 2007, 80th Leg., R.S., Ch. 324, Sec. 2,
eff. September 1, 2007.
(c) A report required to be filed under Section 254.064(c),
254.124(c), or 254.154(c), Election Code, is not considered to be
late for purposes of any applicable civil penalty for late filing
of the report if:
(1) the report as originally filed substantially complies with
the applicable law, as determined by the commission;
(2) any error or omission in the report as originally filed was
made in good faith; and
(3) not later than the 14th business day after the date the
person filing the report learns that the report as originally
filed is inaccurate or incomplete, the person files:
(A) a corrected or amended report; and
(B) an affidavit stating that the error or omission in the
original report was made in good faith.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.13, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1250, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
324, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
324, Sec. 2, eff. September 1, 2007.
Sec. 571.078. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION. (a) The commission shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008 for the
adoption of commission rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009 to assist in the resolution of internal and external
disputes under the commission's jurisdiction.
(b) Subsection (a)(2) does not apply to a preliminary review or
preliminary review hearing under Sections 571.124 through
571.126.
(c) The commission's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(d) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.13, eff. Sept. 1,
2003.
Sec. 571.079. POSTING INFORMATION RELATING TO UNPAID PENALTIES
ON WEBSITE. (a) Not later than the 15th day after the date on
which an application for a place on the general primary election
ballot or for nomination by convention is required to be filed,
the commission shall post on its Internet website:
(1) the name and address of each candidate for an office
specified by Section 252.005(1), Election Code, who has failed to
pay a civil penalty imposed by the commission for failure to file
with the commission a required report or statement under Chapter
254, Election Code, or Chapter 572; and
(2) for each candidate listed under Subdivision (1), the amount
of the penalty imposed and the amount paid, if any.
(b) The commission may not post information under this section
that relates to a civil penalty while the penalty is the subject
of an administrative or judicial appeal by the candidate against
whom the penalty is imposed.
(c) The commission shall remove from the commission's Internet
website information posted under this section as soon as
practicable after the candidate pays the civil penalty in full.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.13, eff. Sept. 1,
2003.
SUBCHAPTER D. ADVISORY OPINIONS
Sec. 571.091. OPINION TO BE GIVEN ON REQUEST. (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 159, Local Government Code, as
provided by Section 571.061(a)(2);
(7) Title 15, Election Code;
(8) Chapter 36, Penal Code;
(9) Chapter 39, Penal Code;
(10) Section 2152.064; or
(11) Section 2155.003.
(b) An opinion request under Subsection (a) must be in writing
to the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 506, Sec. 4, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 507, Sec. 4, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1154, Sec. 6, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.13, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 3.08, eff. September 1, 2007.
Sec. 571.092. DEADLINE FOR OPINION; EXTENSION. (a) The
commission shall issue an advisory opinion not later than the
60th day after the date the commission receives the request.
(b) The commission by vote may extend the time available to
issue an opinion by 30 days. The commission may not grant more
than two extensions.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.093. PROTECTION OF IDENTITY OF REQUESTOR OR AFFECTED
PERSON. (a) The commission shall maintain the confidentiality
of the name of the person requesting an advisory opinion and
shall issue opinions in a form necessary to maintain that
confidentiality.
(b) The commission may not issue an opinion that includes the
name of any person who may be affected by the opinion.
(c) Subsections (a) and (b) do not apply to a person who
requests an opinion and files written notice with the commission
waiving the confidentiality of the person's identity.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.094. OPINION ISSUED ON INITIATIVE OF COMMISSION. On
its own initiative, the commission may issue a written advisory
opinion about the application of a law listed in Section 571.091
if a majority of the commission determines that an opinion would
be in the public interest or in the interest of any person under
the jurisdiction of the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.095. MAINTENANCE OF OPINIONS; SUMMARY. The commission
shall number and categorize each advisory opinion issued and
annually shall compile a summary of its opinions in a single
reference document.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.096. OPINION BY OTHER GOVERNMENTAL ENTITY. (a) The
authority of the commission to issue an advisory opinion does not
affect the authority of the attorney general to issue an opinion
as authorized by law.
(b) In issuing an opinion under this subchapter, the commission
shall consider the opinions issued by the State Ethics Advisory
Commission and the secretary of state that are not overruled by
statute or rule of the commission.
(c) The commission shall rely on opinions issued by the attorney
general and the courts of this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.097. DEFENSE FOR RELIANCE ON ADVISORY OPINION. It is a
defense to prosecution or to imposition of a civil penalty that
the person reasonably relied on a written advisory opinion of the
commission relating to the provision of the law the person is
alleged to have violated or relating to a fact situation that is
substantially similar to the fact situation in which the person
is involved.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 571.098. CONVERSION OF CONTRIBUTION TO PERSONAL USE. A
person involved in a transaction or activity that the commission
concludes in an advisory opinion to be a conversion of a
contribution to personal use in violation of Section 253.035,
Election Code, is not civilly liable to the state if:
(1) before receiving the opinion, the person reasonably believed
the transaction or activity did not constitute a conversion,
taking into account prior opinions and rules of the commission;
and
(2) on or before the 30th day after the date the opinion is
published, the person:
(A) returns to the political fund from which it was removed an
amount equal to the amount converted; and
(B) notifies the commission by certified mail that the person
has returned the converted contribution as required by this
section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER E. COMPLAINT PROCEDURES AND HEARINGS
Sec. 571.121. GENERAL POWERS. (a) The commission may:
(1) hold hearings, on its own motion adopted by an affirmative
vote of at least six commission members or on a sworn complaint,
and render decisions on complaints or reports of violations as
provided by this chapter; and
(2) agree to the settlement of issues.
(b) The commission may not consider a complaint or vote to
investigate a matter outside the commission's jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.14, eff.
Sept. 1, 2003.
Sec. 571.1211. DEFINITIONS. In this subchapter:
(1) "Campaign communication" and "political advertising" have
the meanings assigned by Section 251.001, Election Code.
(2) "Category One violation" means a violation of a law within
jurisdiction of the commission as to which it is generally not
difficult to ascertain whether the violation occurred or did not
occur, including:
(A) the failure by a person required to file a statement or
report to:
(i) file the required statement or report in a manner that
complies with applicable requirements; or
(ii) timely file the required statement or report;
(B) a violation of Section 255.001, Election Code;
(C) a misrepresentation in political advertising or a campaign
communication relating to the office held by a person in
violation of Section 255.006, Election Code;
(D) a failure to include in any written political advertising
intended to be seen from a road the right-of-way notice in
violation of Section 255.007, Election Code; or
(E) a failure to timely respond to a written notice under
Section 571.123(b).
(3) "Category Two violation" means a violation of a law within
the jurisdiction of the commission that is not a Category One
violation.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.15, eff. Sept. 1,
2003.
Sec. 571.1212. CATEGORIZATION OF VIOLATIONS. An allegation of a
violation listed as a Category One violation shall be treated as
a Category Two violation if the executive director at any time
determines that:
(1) the allegation arises out of the same set of facts as those
that give rise to an allegation of a Category Two violation, and
the interests of justice or efficiency require resolution of the
allegations together; or
(2) the facts and law related to a particular allegation or a
defense to the allegation present a level of complexity that
prevents resolution through the preliminary review procedures for
Category One violations prescribed by Section 571.1242(a).
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.15, eff. Sept. 1,
2003.
Sec. 571.122. FILING OF COMPLAINT; CONTENTS. (a) An individual
may file with the commission a sworn complaint 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) A complaint filed under this section must be in writing and
under oath and must set forth in simple, concise, and direct
statements:
(1) the name of the complainant;
(2) the street or mailing address of the complainant;
(3) the name of each respondent;
(4) the position or title of each respondent;
(5) the nature of the alleged violation, including if possible
the specific rule or provision of law alleged to have been
violated;
(6) a statement of the facts constituting the alleged violation
and the dates on which or period of time in which the alleged
violation occurred; and
(7) all documents or other material available to the complainant
that are relevant to the allegation, a list of all documents or
other material within the knowledge of the complainant and
available to the complainant that are relevant to the allegation
but that are not in the possession of the complainant, including
the location of the documents, if known, and a list of all
documents or other material within the knowledge of the
complainant that are unavailable to the complainant and that are
relevant to the complaint, including the location of the
documents, if known.
Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.
1166, Sec. 1
(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.
Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.
604, Sec. 2
(b-1) To be eligible to file a sworn complaint with the
commission, an individual must be a resident of this state or
must own real property in this state. 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;
(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; or
(3) a property tax bill, notice of appraised value, or other
government document that:
(A) shows the name of the complainant;
(B) shows the address of real property in this state; and
(C) identifies the complainant as the owner of the real
property.
(c) The complaint must be accompanied by an affidavit stating
that the information contained in the complaint is either correct
or that the complainant has good reason to believe and does
believe that the violation occurred. If the complaint is based on
information and belief, the complaint shall state the source and
basis of the information and belief. The complainant may swear to
the facts by oath before a notary public or other authorized
official.
(d) The complaint must state on its face an allegation that, if
true, constitutes a violation of a rule adopted by or a law
administered and enforced by the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.16, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
604, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1166, Sec. 1, eff. June 19, 2009.
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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1166, Sec. 2, eff. June 19, 2009.
Sec. 571.123. PROCESSING OF COMPLAINT. (a) The commission
shall determine whether a sworn complaint filed with the
commission complies with the form requirements of Section
571.122.
(b) After a complaint is filed, the commission shall immediately
attempt to contact and notify the respondent of the complaint by
telephone or electronic mail. Not later than the fifth business
day after the date a complaint is filed, the commission shall
send written notice to the complainant and the respondent. The
written notice to the complainant and the respondent must:
(1) state whether the complaint complies with the form
requirements of Section 571.122; and
(2) if applicable, include the information required by Section
571.124(e).
(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.
(d) If the commission determines that a complaint is resubmitted
under Subsection (c) within the 21-day period but is not in
proper form, the commission shall send the notice required under
Subsection (c), and the complainant may resubmit the complaint
under that subsection.
(e) If the commission determines that a complaint returned to
the complainant under Subsection (c) or (d) is resubmitted within
the 21-day period and that the complaint complies with the form
requirements, the commission shall send the written notice under
Subsection (b).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.17, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1165, Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1166, Sec. 3, eff. June 19, 2009.
Sec. 571.124. PRELIMINARY REVIEW: INITIATION. (a) The
commission staff shall promptly conduct a preliminary review on
receipt of a written complaint that is in compliance with the
form requirements of Section 571.122.
(b) On a motion adopted by an affirmative vote of at least six
commission members, the commission, without a sworn complaint,
may initiate a preliminary review of the matter that is the
subject of the motion.
(c) The 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.
(d) Repealed by Acts 2003, 78th Leg., ch. 249, Sec. 1.33.
(e) If the 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 executive director determines that the commission
does not have jurisdiction over the violation alleged in the
complaint, the 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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.18, 1.33,
eff. Sept. 1, 2003.
Sec. 571.1241. REVIEW OF EXECUTIVE DIRECTOR'S DETERMINATION OF
NO JURISDICTION. (a) If the executive director determines that
the commission does not have jurisdiction over the violation
alleged in the complaint, the complainant may request that the
commission review the determination. A request for review under
this section must be filed not later than the 30th day after the
date the complainant receives the executive director's
determination.
(b) The commission may reverse the executive director's
determination only on the affirmative vote of at least six
members.
(c) Not later than the fifth business day after the date of the
commission's determination under this section, the commission
shall send written notice to the complainant and the respondent
stating whether the commission has jurisdiction over the
violation alleged in the complaint. If the commission determines
that the commission has jurisdiction, the notice must include the
items listed in Section 571.124(e).
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.19, eff. Sept. 1,
2003.
Sec. 571.1242. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT. (a)
If the alleged violation is a Category One violation:
(1) the respondent must respond to the notice required by
Section 571.123(b) not later than the 10th business day after the
date the respondent receives the notice; and
(2) if the matter is not resolved by agreement between the
commission and the respondent before the 30th business day after
the date the respondent receives the notice under Section
571.123(b), the commission shall set the matter for a preliminary
review hearing to be held at the next commission meeting for
which notice has not yet been posted.
(b) If the alleged violation is a Category Two violation:
(1) the respondent must respond to the notice required by
Section 571.123(b) not later than the 25th business day after the
date the respondent receives the notice under Section 571.123(b);
and
(2) if the matter is not resolved by agreement between the
commission and the respondent before the 75th business day after
the date the respondent receives the notice under Section
571.123(b), the commission shall set the matter for a preliminary
review hearing to be held at the next commission meeting for
which notice has not yet been posted.
(c) A respondent's failure to timely respond as required by
Subsection (a)(1) or (b)(1) is a Category One violation.
(d) The response required by Subsection (a) or (b) must include
any challenge the respondent seeks to raise to the commission's
exercise of jurisdiction. In addition, the respondent may:
(1) acknowledge the occurrence or commission of a violation;
(2) deny the allegations contained in the complaint and provide
evidence supporting the denial; or
(3) agree to enter into an assurance of voluntary compliance or
other agreed order, which may include an agreement to immediately
cease and desist.
(e) If the commission sets the matter for a preliminary review
hearing, the commission shall promptly send to the complainant
and the respondent written notice of the date, time, and place of
the preliminary review hearing.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.19, eff. Sept. 1,
2003.
Sec. 571.1243. PRELIMINARY REVIEW: WRITTEN QUESTIONS. During a
preliminary review, the commission staff may submit to the
complainant or respondent written questions reasonably intended
to lead to the discovery of matters relevant to the
investigation.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.19, eff. Sept. 1,
2003.
Sec. 571.1244. PRELIMINARY REVIEW AND PRELIMINARY REVIEW
PROCEDURES. The commission shall adopt procedures for the
conduct of preliminary reviews and preliminary review hearings.
The procedures must include:
(1) a reasonable time for responding to questions submitted by
the commission and commission staff and subpoenas issued by the
commission; and
(2) the tolling or extension of otherwise applicable deadlines
where:
(A) the commission issues a subpoena and the commission's
meeting schedule makes it impossible both to provide a reasonable
time for response and to comply with the otherwise applicable
deadlines; or
(B) the commission determines that, despite commission staff's
diligence and the reasonable cooperation of the respondent, a
matter is too complex to resolve within the otherwise applicable
deadlines without compromising either the commission staff's
investigation or the rights of the respondent.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.19, eff. Sept. 1,
2003.
Sec. 571.125. PRELIMINARY REVIEW HEARING: PROCEDURE. (a) The
commission shall conduct a preliminary review hearing if:
(1) following the preliminary review, the commission and the
respondent cannot agree to the disposition of the complaint or
motion; or
(2) the respondent in writing requests a hearing.
(b) The commission shall provide written notice to the
complainant, if any, and the respondent of the date, time, and
place the commission will conduct the preliminary review hearing.
(c) At or after the time the commission provides notice of a
preliminary review hearing, the commission may submit to the
complainant and the respondent written questions and require
those questions to be answered under oath within a reasonable
time.
(d) During a preliminary review hearing, the commission:
(1) may consider all submitted evidence related to the complaint
or to the subject matter of a motion under Section 571.124(b);
(2) may review any documents or material related to the
complaint or to the motion; and
(3) shall determine whether there is credible evidence that
provides cause for the commission to conclude that a violation
within the jurisdiction of the commission has occurred.
(e) During a preliminary review hearing, the respondent may
appear before the commission with the assistance of counsel, if
desired by the respondent, and present any relevant evidence,
including a written statement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.20, eff.
Sept. 1, 2003.
Sec. 571.126. PRELIMINARY REVIEW HEARING: RESOLUTION. (a) As
soon as practicable after the completion of a preliminary review
hearing, the commission by vote shall issue a decision stating:
(1) whether there is credible evidence for the commission to
determine that a violation within the jurisdiction of the
commission has occurred and whether the violation is technical or
de minimis; or
(2) that there is insufficient evidence for the commission to
determine whether a violation within the jurisdiction of the
commission has occurred.
(b) If the commission determines that there is credible evidence
for the commission to determine that a violation has occurred,
the commission shall resolve and settle the complaint or motion
to the extent possible. If the commission successfully resolves
and settles the complaint or motion, not later than the fifth
business day after the date of the final resolution of the
complaint or motion, the commission shall send to the
complainant, if any, and the respondent a copy of the decision
stating the commission's determination and written notice of the
resolution and the terms of the resolution. If the commission is
unsuccessful in resolving and settling the complaint or motion,
the commission shall: