reglab/housing_qa huggingface dataset:
TX Govt Code § 571.1244 (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 571.1244. Preliminary Review and Preliminary Review Procedures

Sec. 571.1244.  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 commission'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 commission staff'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 commission staff's investigation or the rights of the respondent.|Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.19, eff. Sept. 1, 2003.|
TX Govt Code § 571.125 (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 571.125. Preliminary Review Hearing: Procedure

Sec. 571.125.  PRELIMINARY REVIEW HEARING:  PROCEDURE.  (a)  The commission shall conduct a preliminary review hearing if:(1)  following the preliminary review, the commission and the respondent cannot agree to the disposition of the complaint or motion;  or(2)  the respondent in writing requests a hearing.(b)  The commission shall provide written notice to the complainant, if any, and the respondent of the date, time, and place the commission will conduct the preliminary review hearing.(c)  At or after the time the commission provides notice of a preliminary review hearing, the commission may submit to the complainant and the respondent written questions and require those questions to be answered under oath within a reasonable time.(d)  During a preliminary review hearing, the commission:(1)  may consider all submitted evidence related to the complaint or to the subject matter of a motion under Section 571.124(b);(2)  may review any documents or material related to the complaint or to the motion;  and(3)  shall determine whether there is credible evidence that provides cause for the commission to conclude that a violation within the jurisdiction of the commission has occurred.(e)  During a preliminary review hearing, the respondent may appear before the commission with the assistance of counsel, if desired by the respondent, and present any relevant evidence, including a written statement.(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.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.20, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 11, eff. September 1, 2019.|
TX Govt Code § 571.129 (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 571.129. Formal Hearing: Standard of Evidence

Sec. 571.129.  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 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.23, eff. Sept. 1, 2003.|
TX Govt Code § 571.130 (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 571.130. Formal Hearing: Subpoenas and Witnesses

Sec. 571.130.  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 571.131(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.(d)  A person whose name is mentioned or who is identified or referred to in testimony or in statements made by a commission member, 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.(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.|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. 12, eff. September 1, 2019.|
TX Govt Code § 571.131 (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 571.131. Formal Hearing: Procedure

Sec. 571.131.  FORMAL HEARING:  PROCEDURE.  (a)  Not later than the fifth business 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 complainant, if any, and 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.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 571.132 (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 571.132. Formal Hearing: Resolution

Sec. 571.132.  FORMAL HEARING:  RESOLUTION.  (a)  Not later than the 30th business day after the date the State Office of Administrative Hearings issues a proposal for decision, the commission shall 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 in detail the commission's findings of fact, conclusions of law, and recommendation of criminal referral or imposition of a civil penalty, if any.(b)  The motion must be adopted by a vote of at least six members if the final decision is that a violation has occurred or by five members if the final decision is that a violation has not occurred.(c)  Not later than the fifth business 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, if any, 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 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.24, eff. Sept. 1, 2003.|
TX Govt Code § 571.133 (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 571.133. Appeal of Final Decision

Sec. 571.133.  APPEAL OF FINAL DECISION.  (a)  To appeal a final decision of the commission, the respondent or the respondent's agent may file a petition in a district court in Travis County or in the county in which the respondent resides.(b)  The petition must be filed not later than the 30th business day after the date the respondent received the decision.(c)  Not later than the 30th day after the date on which the petition is filed, the respondent may request that the appeal be transferred to a district court in Travis County or in the county in which the respondent resides, as appropriate.  The court in which the appeal is originally filed shall transfer the appeal to a district court in the other county on receipt of the request.(d)  An appeal brought under this section is not limited to questions of law, and the substantial evidence rule does not apply.  The action shall be determined by trial de novo.  The reviewing court shall try all issues of fact and law in the manner applicable to other civil suits in this state but may not admit in evidence the fact of prior action by the commission or the nature of that action, except to the limited extent necessary to show compliance with statutory provisions that vest jurisdiction in the court.  A party is entitled, on demand, to a jury determination of any issue of fact on which a jury determination is available in other civil suits in this state.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2007, 80th Leg., R.S., Ch. 857 (H.B. 1290), Sec. 1, eff. September 1, 2007.|
TX Govt Code § 571.134 (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 571.134. Delay of Referral

Sec. 571.134.  DELAY OF REFERRAL.  If an alleged violation involves an election in which the alleged violator is a candidate, a candidate's campaign treasurer, or the campaign treasurer of a political committee supporting or opposing a candidate and the complaint is filed within 60 days before the date of the election, the commission shall delay referral until:(1)  the day after election day;(2)  the day after runoff election day if an ensuing runoff involving the alleged violator is held;  or(3)  the day after general election day if the election involved in the violation is a primary election and the alleged violator is involved in the succeeding general election.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 571.135 (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 571.135. Public Interest Information

Sec. 571.135.  PUBLIC INTEREST INFORMATION.  (a)  The commission shall develop plain-language materials as described by this section. The commission shall distribute the materials to the public and appropriate state agencies.(b)  The materials must include:(1)  a description of:(A)  the commission's responsibilities;(B)  the types of conduct that constitute a violation of a law within the jurisdiction of the commission;(C)  the types of sanctions the commission may impose;(D)  the commission's policies and procedures relating to complaint investigation and resolution;  and(E)  the duties of a person filing a complaint with the commission;  and(2)  a diagram showing the basic steps in the commission's procedures relating to complaint investigation and resolution.(c)  The commission shall provide the materials described by this section to each complainant and respondent.(d)  The commission shall adopt a policy to effectively distribute materials as required by this section.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.25, eff. Sept. 1, 2003.|
TX Govt Code § 571.1351 (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 571.1351. Status of Complaint

Sec. 571.1351.  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 571.123 through 571.132, 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, if any, of the status of the sworn or other complaint.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 571.135(b) and amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.25, eff. Sept. 1, 2003.|
TX Govt Code § 571.136 (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 571.136. Extension of Deadline

Sec. 571.136.  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, motion, preliminary review hearing, or formal hearing.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.25, eff. Sept. 1, 2003.|
TX Govt Code § 571.137 (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 571.137. Subpoena

Sec. 571.137.  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.(a-1)  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 six 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 law within the jurisdiction of the commission;(2)  can be determined from the documents or is known by the witnesses;  and(3)  is not reasonably available through a less intrusive means.(a-2)  The commission shall adopt procedures for the issuance of subpoenas under this section.(a-3)  A copy of a subpoena issued under this section must be delivered to the respondent.(b)  At the written request of at least six 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.(c)  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 Travis 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.(d)  A respondent has the right to quash a subpoena as provided by law.(e)  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 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.26, eff. Sept. 1, 2003.|
TX Govt Code § 571.138 (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 571.138. Status of Complainant

Sec. 571.138.  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 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.27, eff. Sept. 1, 2003.|
TX Govt Code § 571.139 (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 571.139. Applicability of Other Acts

Sec. 571.139.  APPLICABILITY OF OTHER ACTS.  (a)  Except as provided by Section 571.140(b), Chapter 552 does not apply to documents or any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion.(b)  Chapter 551 does not apply to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion, but does apply to a formal hearing held under Sections 571.129 through 571.131.(c)  Subchapters C through H, Chapter 2001, 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 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.28, eff. Sept. 1, 2003.|
TX Govt Code § 571.140 (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 571.140. Confidentiality; Offense

Sec. 571.140.  CONFIDENTIALITY;  OFFENSE.  (a)  Except as provided by Subsection (b) or (b-1) or by Section 571.171, proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, except that a document or statement that was previously public information remains public information.(b)  An order issued by the commission after the completion of a preliminary review or hearing determining that a violation other than a technical or de minimis violation has occurred is not confidential.(b-1)  A commission employee may, for the purpose of investigating a sworn complaint or motion, disclose to the complainant, the respondent, or a witness information that is otherwise confidential and relates to the sworn complaint if:(1)  the employee makes a good faith determination that the disclosure is necessary to conduct the investigation;(2)  the employee's determination under Subdivision (1) is objectively reasonable;(3)  the executive director authorizes the disclosure;  and(4)  the employee discloses only the information necessary to conduct the investigation.(c)  A person commits an offense if the person discloses information made confidential by this section.  An offense under this subsection is a Class C misdemeanor.(d)  In addition to other penalties, a person who discloses information made confidential by this section is civilly liable to the respondent in an amount equal to the greater of $10,000 or the amount of actual damages incurred by the respondent, including court costs and attorney fees.(e)  The commission shall terminate the employment of a commission employee who violates Subsection (a).(f)  A commission employee who discloses confidential information in compliance with Subsection (b-1) is not subject to Subsections (c), (d), and (e).|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.29, eff. Sept. 1, 2003.|
TX Govt Code § 571.141 (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 571.141. Availability of Commission Orders on Internet

Sec. 571.141.  AVAILABILITY OF COMMISSION ORDERS ON INTERNET.  (a)  As soon as practicable following a preliminary review, preliminary review hearing, or formal hearing at which the commission determines that a person has committed a violation within the commission's jurisdiction, the commission shall make available on the Internet:(1)  a copy of the commission's order stating the determination;  or(2)  a summary of the commission's order.(b)  This section does not apply to a determination of a violation that is technical or de minimis.|Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.30, eff. Sept. 1, 2003.|
TX Govt Code § 571.142 (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 571.142. Liability for Respondent's Costs

Sec. 571.142.  LIABILITY FOR RESPONDENT'S COSTS.  (a)  This section applies only to a sworn complaint if:(1)  the complaint was filed after the 30th day before the date of an election;(2)  the respondent is a candidate in the election; and(3)  the complaint alleges a violation other than a technical or clerical violation.(b)  If, in disposing of a sworn complaint to which this section applies, the commission determines that a violation within the commission's jurisdiction has not occurred, the complainant is liable for the respondent's reasonable and necessary attorney's fees and other costs incurred in defending against the complaint.(c)  This section does not apply to a sworn complaint regarding a reporting omission required by law.|Added by Acts 2009, 81st Leg., R.S., Ch. 604 (H.B. 677), Sec. 3, eff. September 1, 2009.|