reglab/housing_qa huggingface dataset:
TX Govt Code § 571.091 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.091. Opinion to Be Given on Request

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 (H.B. 3560), Sec. 3.08, eff. September 1, 2007.|
TX Govt Code § 571.092 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.092. Deadline for Opinion; Extension

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.|
TX Govt Code § 571.093 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.093. Protection of Identity of Requestor or Affected Person

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.|
TX Govt Code § 571.094 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.094. Opinion Issued on Initiative of Commission

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.|
TX Govt Code § 571.095 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.095. Maintenance of Opinions; Summary

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.|
TX Govt Code § 571.096 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.096. Opinion by Other Governmental Entity

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.|
TX Govt Code § 571.097 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.097. Defenses: Reliance on Advisory Opinion; Commission's Failure to Issue Opinion

Sec. 571.097.  DEFENSES:  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.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 2, eff. September 1, 2019.|
TX Govt Code § 571.098 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter D. Advisory Opinions|Section 571.098. Conversion of Contribution to Personal Use

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.|
TX Govt Code § 571.121 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.121. General Powers

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.|
TX Govt Code § 571.1211 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.1211. Definitions

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 259.001, 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.Amended by: Acts 2019, 86th Leg., R.S., Ch. 824 (H.B. 2554), Sec. 6, eff. September 1, 2019.|
TX Govt Code § 571.1212 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.1212. Categorization of Violations

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.|Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.15, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 3, eff. September 1, 2019.|
TX Govt Code § 571.1221 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.1221. Dismissal of Complaint Filed at Direction or Urging of Nonresident

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 (H.B. 3218), Sec. 2, eff. June 19, 2009.|
TX Govt Code § 571.1222 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.1222. Dismissal of Complaint Challenging Certain Information in Political Report

Sec. 571.1222.  DISMISSAL OF COMPLAINT CHALLENGING CERTAIN INFORMATION IN POLITICAL REPORT.  At any stage of a proceeding under this subchapter, the commission shall dismiss a complaint to the extent the complaint alleges that a report required under Chapter 254, Election Code, contains the improper name or address of a person from whom a political contribution was received if the name or address in the report is the same as the name or address that appears on the check for the political contribution.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 76.05, eff. September 28, 2011.|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.|Added by Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 4, eff. September 1, 2019.|
TX Govt Code § 571.123 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.123. Processing of Complaint

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;(2)  if the respondent is a candidate or officeholder, state the procedure by which the respondent may designate an agent with whom commission staff may discuss the complaint; and(3)  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 (H.B. 3216), Sec. 1, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch. 1166 (H.B. 3218), Sec. 3, eff. June 19, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 76.06, eff. September 28, 2011.|
TX Govt Code § 571.1231 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.1231. Designation of Agent by Certain Respondents

Sec. 571.1231.  DESIGNATION OF AGENT BY CERTAIN RESPONDENTS.  (a)  This section applies only to a respondent who is a candidate or officeholder.(b)  A respondent to a complaint filed against the respondent may by writing submitted to the commission designate an agent with whom the commission staff may communicate regarding the complaint.(c)  For purposes of this subchapter, including Section 571.140, communications with the respondent's agent designated under this section are considered communications with the respondent.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 76.07, eff. September 28, 2011.|
TX Govt Code § 571.124 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.124. Preliminary Review: Initiation

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.|
TX Govt Code § 571.1241 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.1241. Review of Executive Director's Determination of Jurisdiction

Sec. 571.1241.  REVIEW OF EXECUTIVE DIRECTOR'S DETERMINATION OF JURISDICTION.  (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.(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.Amended by: Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 5, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 6, eff. September 1, 2019.|
TX Govt Code § 571.1242 (2021)
2021 Texas Statutes|Government Code|Title 5 - Open Government; Ethics|Subtitle B - Ethics|Chapter 571 - Texas Ethics Commission|Subchapter E. Complaint Procedures and Hearings|Section 571.1242. Preliminary Review

Sec. 571.1242.  PRELIMINARY REVIEW.  (a)  If the alleged violation is a Category One violation,  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.(b)  If the alleged violation is a Category Two violation, 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).(c)  A respondent's failure to timely respond as required by Subsection (a) or (b) 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)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 13, eff. September 1, 2019.(f)   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.(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 shall:(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 shall 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.|Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.19, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 7, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 8, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 9, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 10, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 13, eff. September 1, 2019.|