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AN ACT
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relating to violations of laws administered and enforced by the |
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Texas Ethics Commission and to sworn complaints alleging such |
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violations. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subchapter C, Chapter 571, Government Code, is |
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amended by adding Section 571.0631 to read as follows: |
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�������Sec.�571.0631.��RULES CONCERNING TECHNICAL AND CLERICAL |
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VIOLATIONS. The commission shall adopt rules prescribing |
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procedures for investigating and resolving technical and clerical |
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violations of laws within the commission's jurisdiction. �For |
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registrations and reports filed under Chapter 305, the commission |
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shall consider clerical violations to include obvious |
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typographical errors. A registrant filing a registration or report |
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under Chapter 305 may correct obvious typographical errors without |
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penalty by filing either a corrected registration or report or an |
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updated or amended registration or report. |
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�������SECTION�2.��Section 571.122, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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�������(b-1)��To be eligible to file a sworn complaint with the |
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commission, an individual must be a resident of this state or must |
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own real property in this state. A copy of one of the following |
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documents must be attached to the complaint: |
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�������������(1)��the complainant's driver's license or personal |
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identification certificate issued under Chapter 521, |
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Transportation Code, or commercial driver's license issued under |
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Chapter 522, Transportation Code; |
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�������������(2)��a utility bill, bank statement, government check, |
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paycheck, or other government document that: |
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�������������������(A)��shows the name and address of the |
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complainant; and |
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�������������������(B)��is dated not more than 30 days before the date |
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on which the complaint is filed; or |
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�������������(3)��a property tax bill, notice of appraised value, or |
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other government document that: |
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�������������������(A)��shows the name of the complainant; |
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�������������������(B)��shows the address of real property in this |
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state; and |
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�������������������(C)��identifies the complainant as the owner of |
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the real property. |
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�������SECTION�3.��Subchapter E, Chapter 571, Government Code, is |
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amended by adding Section 571.142 to read as follows: |
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�������Sec.�571.142.��LIABILITY FOR RESPONDENT'S COSTS. (a) This |
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section applies only to a sworn complaint if: |
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�������������(1)��the complaint was filed after the 30th day before |
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the date of an election; |
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�������������(2)��the respondent is a candidate in the election; and |
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�������������(3)��the complaint alleges a violation other than a |
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technical or clerical violation. |
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�������(b)��If, in disposing of a sworn complaint to which this |
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section applies, the commission determines that a violation within |
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the commission's jurisdiction has not occurred, the complainant is |
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liable for the respondent's reasonable and necessary attorney's |
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fees and other costs incurred in defending against the complaint. |
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�������(c)��This section does not apply to a sworn complaint |
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regarding a reporting omission required by law. |
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�������SECTION�4.��Section 571.122, Government Code, as amended by |
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this Act, and Section 571.142, Government Code, as added by this |
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Act, apply only to a sworn complaint filed with the Texas Ethics |
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Commission on or after September 1, 2009. |
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�������SECTION�5.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 677 was passed by the House on April |
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28, 2009, by the following vote:��Yeas 107, Nays 36, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 677 on May 29, 2009, by the following vote:��Yeas 129, Nays 2, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 677 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote:��Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |