85R5711 ATP-D     By: Birdwell S.B. No. 612       A BILL TO BE ENTITLED   AN ACT   relating to complaints filed with the Texas Ethics Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 571.0771, Government Code, is amended by   adding Subsection (d) to read as follows:          (d)  Subsection (a) applies to a statement filed under   Chapter 572 regardless of whether another person has filed a sworn   complaint pertaining to the statement.          SECTION 2.  Sections 571.124(c), (e), and (f), Government   Code, are amended to read as follows:          (c)  The commission [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.          (e)  If the commission [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 commission [executive director] determines that   the commission does not have jurisdiction over the violation   alleged in the complaint, the commission [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.          SECTION 3.  The heading to Section 571.1241, Government   Code, is amended to read as follows:          Sec. 571.1241.  REVIEW OF [EXECUTIVE DIRECTOR'S]   DETERMINATION OF NO JURISDICTION.          SECTION 4.  Sections 571.1241(a) and (b), Government Code,   are amended to read as follows:          (a)  The [If the executive director determines that the   commission does not have jurisdiction over the violation alleged in   the complaint, the] complainant or respondent may request that the   commission review the commission's determination under Section   571.124 of whether the commission has jurisdiction over the   violation alleged in the complaint. A request for review under this   section must be filed not later than the 30th day after the date the   complainant or respondent receives the commission's [executive   director's] determination. The commission must review the   determination made under Section 571.124 and determine whether the   commission made the correct determination not later than the 30th   day after the commission receives the request for review under this   subsection.          (b)  The commission may reverse the commission's [executive   director's] determination under Section 571.124 only on the   affirmative vote of at least six members.          SECTION 5.  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 6.  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 7.  Subchapter E, Chapter 571, Government Code, is   amended by adding Section 571.1325 to read as follows:          Sec. 571.1325.  TIME FOR FINAL RESOLUTION OF COMPLAINT. (a)   The commission shall finally resolve a complaint alleging a   Category One violation not later than the first anniversary of the   date the complaint is filed.          (b)  The commission shall finally resolve a complaint   alleging a Category Two violation not later than 18 months after the   date the complaint is filed.          SECTION 8.  The changes in law made by this Act to Chapter   571, Government Code, apply only to the effect or resolution of a   complaint filed under that chapter on or after the effective date of   this Act. The effect or resolution of a complaint filed before the   effective date of this Act is governed by the law in effect when the   complaint was filed, and the former law is continued in effect for   that purpose.          SECTION 9.  This Act takes effect September 1, 2017.