By: Birdwell, Huffines, Whitmire S.B. No. 612     A BILL TO BE ENTITLED   AN ACT   relating to complaints filed with and certain other filings   submitted to the Texas Ethics Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 571.0771(b), Government Code, is amended   to read as follows:          (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.          SECTION 2.  Section 571.097, Government Code, is amended to   read as follows:          Sec. 571.097.  DEFENSES:  [DEFENSE FOR] RELIANCE ON ADVISORY   OPINION; COMMISSION'S FAILURE TO ISSUE OPINION. (a)  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.          (b)  It is a defense to prosecution or to imposition of a   civil penalty for the violation of a law that:                (1)  the person requested a written advisory opinion   from the commission relating to the application of that law to a   specified existing fact situation involving the person that is the   same fact situation or substantially similar to the fact situation   that forms the basis of the alleged violation; and                (2)  the commission did not issue the opinion within   the time prescribed by Section 571.092.          (c)  The defense to prosecution or imposition of a civil   penalty under Subsection (b) applies only to acts giving rise to a   potential violation of law occurring in the period beginning on the   date the time prescribed by Section 571.092 expires and ending on   the date the commission issues the requested opinion.          SECTION 3.  Section 571.1212, Government Code, is amended to   read as follows:          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 [571.1242(a)].          SECTION 4.  Subchapter E, Chapter 571, Government Code, is   amended by adding Section 571.1223 to read as follows:          Sec. 571.1223.  DISMISSAL OF COMPLAINT FOLLOWING CORRECTED   OR AMENDED STATEMENT, REGISTRATION, OR REPORT. At any stage of a   proceeding under this subchapter, the commission shall dismiss a   complaint to the extent the complaint alleges a statement,   registration, or report violates a law or rule if:                (1)  the respondent has filed a corrected or amended   statement, registration, or report before the commission accepts   jurisdiction over the complaint; and                (2)  the corrected or amended statement, registration,   or report remedies the alleged violation.          SECTION 5.  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 6.  Section 571.1241(a), Government Code, is amended   to read as follows:          (a)  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 determination. 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 executive   director's determination.          SECTION 7.  The heading to Section 571.1242, Government   Code, is amended to read as follows:          Sec. 571.1242.  PRELIMINARY REVIEW[:   RESPONSE BY   RESPONDENT].          SECTION 8.  Sections 571.1242(a), (b), and (c), Government   Code, are amended to read as follows:          (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) [(a)(1)] or (b) [(b)(1)] is a Category One   violation.          SECTION 9.  Section 571.1243, Government Code, is   redesignated as Section 571.1242(f), Government Code, and amended   to read as follows:          (f)  [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.          SECTION 10.  Section 571.1242, Government Code, is amended   by adding Subsections (g), (h), (i), and (j) to read as follows:          (g)  Not later than the 120th day after the later of the date   the commission receives a respondent's response to notice as   required by Subsection (a) or (b) or the respondent's response to   written questions as required by Subsection (f), the commission   must:                (1)  propose an agreement to the respondent to settle   the complaint without holding a preliminary hearing; or                (2)  dismiss the complaint.          (h)  The deadline under Subsection (g) is tolled for the   duration of any litigation brought by the respondent or the   commission regarding the complaint at issue.          (i)  If a respondent rejects a proposed settlement under   Subsection (g), the matter must be set for a preliminary review   hearing at the next commission meeting for which notice has not yet   been posted.          (j)  If a complaint is dismissed under Subsection (g), the   commission shall deny jurisdiction over any subsequent complaint   against the respondent that alleges the respondent violated the   same statutes or rules based on the same facts alleged in the   dismissed complaint.          SECTION 11.  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 12.  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 13.  Section 571.1242(e), Government Code, is   repealed.          SECTION 14.  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 15.  This Act takes effect September 1, 2017.