reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 161.157 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.157. Retaliation Against County Employee Reporting Violation of Ethics Code Prohibited

Sec. 161.157.  RETALIATION AGAINST COUNTY EMPLOYEE REPORTING VIOLATION OF ETHICS CODE PROHIBITED.  (a)  A county public servant may not suspend or terminate the employment of or take other adverse action against a county employee who in good faith files a complaint or otherwise reports to the commission, commission staff, or another law enforcement authority a violation of the ethics code by a person subject to the ethics code.(b)  A county public servant may not suspend or terminate the employment of or take other adverse action against a county employee who in good faith participates in the complaint processing, preliminary review, hearing, or any other aspect of the investigation and resolution by the commission of an alleged violation of the ethics code by a person subject to the ethics code.(c)  A commission created by a county under this chapter is a part of the "local governmental entity" for purposes of Section 554.002, Government Code.(d)  An ethics code adopted by a commission pursuant to this chapter is a "law" as defined by Section 554.001, Government Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 7, eff. September 1, 2011.|
TX Loc Govt Code § 161.158 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.158. Preliminary Review: Initiation

Sec. 161.158.  PRELIMINARY REVIEW:  INITIATION.  (a)  The standing preliminary review committee shall promptly conduct a preliminary review on receipt of a written complaint that is in compliance with the form requirements of Section 161.155.(b)  The standing preliminary review committee shall determine in writing whether the commission has jurisdiction over the violation of the ethics code provision alleged in a sworn complaint processed under Section 161.156.(c)  If the standing preliminary review committee determines that the commission has jurisdiction, the committee shall issue a notice under Section 161.156(b) that must include:(1)  a statement that the commission has jurisdiction over the violation 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 161.154;(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.(d)  If the standing preliminary review committee determines that the commission does not have jurisdiction over the violation alleged in the complaint, the committee shall:(1)  dismiss the complaint; and(2)  not later than the 14th 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 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 8, eff. September 1, 2011.|
TX Loc Govt Code § 161.159 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.159. Preliminary Review: Response by Respondent

Sec. 161.159.  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 161.156(b) not later than the 14th day after the date the respondent receives the notice; and(2)  if the matter is not resolved by agreement between the standing preliminary review committee and the respondent before the 30th day after the date the committee receives the respondent's response to the notice given under Section 161.156(b), the committee shall set the matter for a preliminary review hearing to be held at the next committee meeting.(b)  If the alleged violation is a Category Two violation:(1)  the respondent must respond to the notice required by Section 161.156(b) not later than the 14th day after the date the respondent receives the notice under Section 161.156(b); and(2)  if the matter is not resolved by agreement between the standing preliminary review committee and the respondent before the 30th day after the date the committee receives the respondent's response to the notice given under Section 161.156(b), the committee shall set the matter for a preliminary review hearing to be held at the next committee meeting.(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 standing preliminary review committee sets the matter for a preliminary review hearing, the committee 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 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 9, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 75 (S.B. 334), Sec. 2, eff. May 18, 2013.|
TX Loc Govt Code § 161.160 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.160. Preliminary Review: Written Questions

Sec. 161.160.  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 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.161 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.161. Preliminary Review and Preliminary Review Procedures

Sec. 161.161.  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 standing preliminary review committee'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 the standing preliminary review committee'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 committee's investigation or the rights of the respondent.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.162 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.162. Preliminary Review Hearing: Procedure

Sec. 161.162.  PRELIMINARY REVIEW HEARING:  PROCEDURE.  (a)  The standing preliminary review committee shall conduct a preliminary review hearing if:(1)  following the preliminary review, the standing preliminary review committee and the respondent cannot agree to the disposition of the complaint; or(2)  the respondent in writing requests a hearing.(b)  The standing preliminary review committee shall provide written notice to the complainant and the respondent of the date, time, and place the committee will conduct the preliminary review hearing.(c)  At or after the time the standing preliminary review committee provides notice of a preliminary review hearing, the committee may submit to the complainant and the respondent written questions and require those questions to be answered under oath within a reasonable time.  After receiving answers to any questions submitted to the complainant under this subsection and before the preliminary review hearing, the committee shall provide the respondent both the questions and the answers to the questions submitted by the complainant.  This subsection may not be construed to require a person to give evidence that violates the person's right against self-incrimination under the United States Constitution or the Texas Constitution.(d)  On the request of the respondent, the standing preliminary review committee shall request that any information in the possession or control of the complainant, including exculpatory information, that is directly related to the complaint be provided the respondent and the committee.(e)  During a preliminary review hearing, the standing preliminary review committee:(1)  may consider all submitted evidence related to the complaint;(2)  may review any documents or material related to the complaint; and(3)  shall determine whether there is credible evidence that provides cause for the committee to conclude that a violation within the jurisdiction of the commission has occurred.(f)  During a preliminary review hearing, the respondent may appear before the standing preliminary review committee with the assistance of counsel, if desired by the respondent, and present any relevant evidence, including a written statement.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.164 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.164. Formal Hearing: Standard of Evidence

Sec. 161.164.  FORMAL HEARING:  STANDARD OF EVIDENCE.  During a formal hearing, the commission shall determine by a preponderance of the evidence whether a violation within the jurisdiction of the commission has occurred.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.165 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.165. Formal Hearing: Subpoenas and Witnesses

Sec. 161.165.  FORMAL HEARING:  SUBPOENAS AND WITNESSES.  (a)  A subpoena or other request to testify shall be served sufficiently in advance of the scheduled appearance at a formal hearing to allow a reasonable period, as determined by the commission, for the person subpoenaed to prepare for the hearing and to employ counsel if desired.(b)  Except as provided by Section 161.166(a)(1), the commission may order that a person may not, except as specifically authorized by the presiding officer, make public the name of a witness subpoenaed by the commission before the date of that witness's scheduled appearance.(c)  A witness may read a written statement or present a brief oral opening statement at a formal hearing, subject to the rules of evidence applicable to a contested case under Section 2001.081, Government Code.(d)  A person whose name is mentioned or who is identified or referred to in testimony or in statements made by a commission member, commission staff member, or witness and who reasonably believes that the statement tends to adversely affect the person's reputation may:(1)  request to appear personally before the commission to testify in the person's own behalf; or(2)  file a sworn statement of facts relevant to the testimony or statement that the person believes adversely affects the person's reputation.(e)  A witness who testifies at a formal hearing must be sworn.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.166 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.166. Formal Hearing: Procedure

Sec. 161.166.  FORMAL HEARING:  PROCEDURE.  (a)  Not later than the 10th day before the date of a scheduled formal hearing or on the granting of a motion for discovery by the respondent, the commission shall provide to the respondent:(1)  a list of proposed witnesses to be called at the hearing;(2)  copies of all documents expected to be introduced as exhibits at the hearing; and(3)  a brief statement as to the nature of the testimony expected to be given by each witness to be called at the hearing.(b)  The respondent may not be compelled to give evidence or testimony that violates the respondent's right against self-incrimination under the United States Constitution or the Texas Constitution.(c)  The commission shall adopt rules governing discovery, hearings, and related procedures consistent with this chapter and Chapter 2001, Government Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 11, eff. September 1, 2011.|
TX Loc Govt Code § 161.167 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.167. Formal Hearing: Resolution

Sec. 161.167.  FORMAL HEARING:  RESOLUTION.  (a)  At the conclusion of the formal hearing or not later than the 40th day after the date of the formal hearing, the commission may convene a meeting and by motion shall issue:(1)  a final decision stating the resolution of the formal hearing; and(2)  a written report stating the commission's findings of fact, conclusions of law, and recommendation of imposition of a civil penalty, if any.(b)  Six members of the commission are required for a quorum at a formal hearing.(c)  Not later than the 14th day after the date the commission issues the final decision and written report, the commission shall:(1)  send a copy of the decision and report to the complainant and to the respondent; and(2)  make a copy of the decision and report available to the public during reasonable business hours.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 12, eff. September 1, 2011.|
TX Loc Govt Code § 161.168 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.168. Status of Complaint

Sec. 161.168.  STATUS OF COMPLAINT.  (a)  The commission shall keep an information file about each sworn or other complaint filed with the commission.  The file must include:(1)  the name of the person who filed the complaint;(2)  the date the complaint is received by the commission;(3)  the subject matter of the complaint;(4)  the name of each person contacted in relation to the complaint;(5)  a summary of the results of the review or investigation of the complaint; and(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.(c)  In addition to the notice required by Sections 161.156 and 161.167, the commission, at least quarterly until final disposition of a complaint, shall notify the person who filed the complaint and each person who is a subject of the complaint of the status of the sworn complaint.(d)  The commission shall resolve a complaint within three months of its receipt unless it makes a determination that additional time is required to resolve the matter.  On a determination that additional time is required, the commission may extend the investigation in three-month increments.  Each extension requires separate approval by the commission.(e)  If the commission does not resolve the matter within three months or within an authorized extension, the complaint shall be deemed to have been dismissed without prejudice.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 13, eff. September 1, 2011.|
TX Loc Govt Code § 161.169 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.169. Extension of Deadline

Sec. 161.169.  EXTENSION OF DEADLINE.  The commission may, on its own motion or on the reasonable request of a respondent, extend any deadline for action relating to a sworn complaint, preliminary review hearing, or formal hearing.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.170 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.170. Subpoena

Sec. 161.170.  SUBPOENA.  (a)  In connection with a formal hearing, the commission, as authorized by this chapter, may subpoena and examine witnesses and documents that directly relate to a sworn complaint.(b)  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 five members 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 provision of the ethics code;(2)  can be determined from the documents or is known by the witnesses; and(3)  is not reasonably available through a less intrusive means.(c)  The commission shall adopt procedures for the issuance of subpoenas under this section.(d)  Section 2001.089, Government Code, applies to a subpoena issued under this subchapter.  On the request of the respondent, the commission shall subpoena any information in the possession or control of any person identified in the request, including exculpatory information, that is directly related to the complaint and provide the information to the respondent.(e)  A copy of a subpoena issued under this section must be delivered to the respondent.(f)  At the written request of at least five members of the commission, a peace officer shall serve a subpoena of the commission in the manner prescribed for service of a district court subpoena.(g)  If a person to whom a subpoena is directed refuses to appear, refuses to answer inquiries, or fails or refuses to produce books, records, or other documents that were under the person's control when the demand was made, the commission shall report that fact to a district court in the county.  The district court shall enforce the subpoena by attachment proceedings for contempt in the same manner as the court enforces a subpoena issued by the court.(h)  A respondent has the right to quash a subpoena in a district court in the county as provided by law.(i)  A subpoenaed witness who attends a commission hearing is entitled to the same mileage and per diem payments as a witness who appears before a grand jury.  A person who provides subpoenaed documents to the commission is entitled to reimbursement from the commission for the person's reasonable cost of producing the documents.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.171 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.171. Status of Complainant

Sec. 161.171.  STATUS OF COMPLAINANT.  The complainant is not a party to a preliminary review, preliminary review hearing, or formal hearing under this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.|
TX Loc Govt Code § 161.172 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle B - County Officers and Employees|Chapter 161 - County Ethics Commission in Certain Counties|Subchapter D. Complaint Procedures and Hearings|Section 161.172. Applicability of Other Acts

Sec. 161.172.  APPLICABILITY OF OTHER ACTS.  (a)  Except as provided by Section 161.173(b), Chapter 552, Government Code, does not apply to documents or any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint.(b)  Chapter 551, Government Code, does not apply to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint, but does apply to the conduct of a formal hearing under Sections 161.164-161.167.  Chapter 551, Government Code, does not apply to the deliberation by the commission regarding a contested complaint following the conclusion of a formal hearing, but does apply to the meeting at which the commission issues a final decision stating the resolution of the final hearing.(c)  Subchapters C-H, Chapter 2001, Government Code, apply only to a formal hearing under this subchapter, the resolution of a formal hearing, and the appeal of a final order of the commission, and only to the extent consistent with this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 14, eff. September 1, 2011.|