reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.068. Account Numbers

Sec. 571.068.  ACCOUNT NUMBERS.  The commission shall assign an account number to each person required to file a statement or report with the commission under a law administered and enforced by the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.069. Review of Statements and Reports; Audits

Sec. 571.069.  REVIEW OF STATEMENTS AND REPORTS;  AUDITS.  (a)  The commission shall review for facial compliance randomly selected statements and reports filed with the commission and may review any available documents.  The commission shall return for resubmission with corrections or additional documentation a statement or report that does not, in the opinion of the commission, comply with the law requiring the statement or report.  A statement or report returned for resubmission is considered to have been filed on the date the statement or report was originally filed if:
(1)  the statement or report is resubmitted to the commission not later than the seventh business day after the date the person filing the statement or report receives the returned statement or report;  and
(2)  the resubmitted statement or report complies with law.
(b)  The commission may by a vote of at least six commission members initiate a preliminary review as provided by Section 571.124 or perform a complete audit of a statement or report:
(1)  if, before the 31st day after the date the statement or report was originally due, the executive director does not obtain from the person information that permits the executive director to determine that the statement or report complies with law;
(2)  if a statement or report returned for resubmission is not resubmitted within the time prescribed by Subsection (a);  or
(3)  on an affirmative vote of at least six commission members that a statement or report resubmitted under Subsection (a), together with any corrections or additional documentation, does not, in the opinion of the commission, comply with the law requiring the statement or report.
(c)  Any audited statement, report, document, or other material is confidential and may not be disclosed unless the statement, report, document, or other material:
(1)  was previously public information;  or
(2)  is entered into the record of a formal hearing or a judicial proceeding.
(d)  The party who is the subject of the audit may waive confidentiality by sending written notice to the commission.
(e)  The commission may not audit a statement or report filed before January 1, 1992, under a law administered and enforced before that date by the secretary of state.
(f)  This section may not be construed as limiting or affecting the commission's authority to, on the filing of a motion or receipt of a sworn complaint, review or investigate the sufficiency of a statement or report.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.10, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.070. Manual

Sec. 571.070.  MANUAL.  The commission shall adopt by rule and publish a manual that establishes uniform methods of accounting and reporting for use by persons required to file statements and reports with the commission and that includes a digest of each advisory opinion issued by the commission under Subchapter D.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.071. Training; Guidelines

Sec. 571.071.  TRAINING;  GUIDELINES.  (a)  The commission shall:
(1)  provide training by January of each odd-numbered year for members and members-elect of the legislature concerning compliance with the laws administered and enforced by the commission;  and
(2)  provide, in cooperation with state agencies, a program of ethics training for state employees.
(b)  The commission may disseminate, through pamphlets and seminars, explanations and compliance guidelines concerning any law administered and enforced by the commission.
(c)  The commission may provide a seminar for persons required to register under Chapter 305 that addresses issues involving lobbying, political contributions and expenditures, and other issues as determined by the commission.  The commission may charge a fee for attending the seminar in an amount necessary to cover the costs associated with the seminar, including the cost of providing food or nonalcoholic beverages to attendees.
(d)  The commission may provide a seminar that addresses the laws administered and enforced by the commission and any other relevant laws, as determined by the commission.  The commission may charge a fee for attending the seminar in an amount necessary to cover the costs associated with the seminar, including the cost of providing food or nonalcoholic beverages to attendees.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.11, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 836 (S.B. 62), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.072. Public Access

Sec. 571.072.  PUBLIC ACCESS.  (a)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on issues under the general jurisdiction of the commission.
(b)  The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to commission proceedings.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.073. Report

Sec. 571.073.  REPORT.  On or before December 31 of each even-numbered year, the commission shall report to the governor and legislature.  The report must include:
(1)  each advisory opinion issued by the commission under Subchapter D  in the preceding two years;
(2)  a summary of commission activities in the preceding two years, including:
(A)  the number of sworn complaints filed with the commission;
(B)  the number of sworn complaints dismissed for noncompliance with statutory form requirements;
(C)  the number of sworn complaints dismissed for lack of jurisdiction;
(D)  the number of sworn complaints dismissed after a finding of no credible evidence of a violation;
(E)  the number of sworn complaints dismissed after a finding of a lack of sufficient evidence to determine whether a violation within the jurisdiction of the commission has occurred;
(F)  the number of sworn complaints resolved by the commission through an agreed order;
(G)  the number of sworn complaints in which the commission issued an order finding a violation and the resulting penalties, if any;  and
(H)  the number and amount of civil penalties imposed for failure to timely file a statement or report, the number and amount of those civil penalties fully paid, the number and amount of those civil penalties partially paid, and the number and amount of those civil penalties no part of which has been paid, for each of the following category of statements and reports, listed separately:
(i)  financial statements required to be filed under Chapter 572;
(ii)  political contribution and expenditure reports required to be filed under Section 254.063, 254.093, 254.123, 254.153, or 254.157, Election Code;
(iii)  political contribution and expenditure reports required to be filed under Section 254.064(b), 254.124(b), or 254.154(b), Election Code;
(iv)  political contribution and expenditure reports required to be filed under Section 254.064(c), 254.124(c), or 254.154(c), Election Code;
(v)  political contribution and expenditure reports required to be filed under Section 254.038 or 254.039, Election Code;  and
(vi)  political contribution and expenditure reports required to be filed under Section 254.0391, Election Code;  and
(3)  recommendations for any necessary statutory changes.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.12, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.074. Gifts and Grants

Sec. 571.074.  GIFTS AND GRANTS.  The commission may accept gifts and grants for the administration of its duties.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.075. Delegation of Authority

Sec. 571.075.  DELEGATION OF AUTHORITY.  The commission by rule may delegate a power conferred on it by this chapter or another law administered by the commission, except:
(1)  any power requiring a vote of the commission;
(2)  rulemaking authority;  or
(3)  authority to issue an advisory opinion under Subchapter D.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.076. Contract for Administration

Sec. 571.076.  CONTRACT FOR ADMINISTRATION.  The commission may contract with persons to administer and carry out this chapter and rules, standards, and orders adopted under this chapter, excluding any enforcement authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.077. Statements, Registrations, and Reports Considered to Be Verified

Sec. 571.077.  STATEMENTS, REGISTRATIONS, AND REPORTS CONSIDERED TO BE VERIFIED.  (a)  A statement, registration, or report that is filed with the commission is considered to be under oath by the person required to file the statement, registration, or report regardless of the absence of or defect in the affidavit of verification, including a signature.
(b)  A person required to file a statement, registration, or report with the commission is subject to prosecution under Chapter 37, Penal Code, regardless of the absence of or defect in the affidavit of verification.
(c)  This section applies to a statement, registration, or report that is filed with the commission electronically or otherwise.
Added by Acts 1995, 74th Leg., ch. 996, Sec. 6, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.0771. Corrected Statements, Registrations, and Reports Considered Timely Filed

Sec. 571.0771.  CORRECTED STATEMENTS, REGISTRATIONS, AND REPORTS CONSIDERED TIMELY FILED.
(a)  A statement, registration, or report required that is filed with the commission is not considered to be late for purposes of any applicable civil penalty for late filing of the statement, registration, or report if:
(1)   any error or omission in the statement, registration, or report as originally filed was made in good faith;  and
(2)  not later than the 14th business day after the date the person filing the statement, registration, or report learns that the statement, registration, or report as originally filed is inaccurate or incomplete, the person files:
(A)  a corrected or amended statement, registration, or report; and
(B)  an affidavit stating that the error or omission in the original statement, registration, or report was made in good faith.
(b)  Subsection (a) does not apply to:
(1)  a penalty imposed under Section 571.069 or Subchapter F; or
(2)  a report required to be filed under Section 254.064(c), 254.124(c), or 254.154(c), Election Code.
(b-1)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 324, Sec. 2, eff. September 1, 2007.
(b-2)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 324, Sec. 2, eff. September 1, 2007.
(c)  A report required to be filed under Section 254.064(c), 254.124(c), or 254.154(c), Election Code, is not considered to be late for purposes of any applicable civil penalty for late filing of the report if:
(1)  the report as originally filed substantially complies with the applicable law, as determined by the commission;
(2)  any error or omission in the report as originally filed was made in good faith; and
(3)  not later than the 14th business day after the date the person filing the report learns that the report as originally filed is inaccurate or incomplete, the person files:
(A)  a corrected or amended report; and
(B)  an affidavit stating that the error or omission in the original report was made in good faith.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.13, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1250 (H.B. 1800), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 324 (H.B. 2589), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 324 (H.B. 2589), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.078. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 571.078.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules;  and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  Subsection (a)(2) does not apply to a preliminary review or preliminary review hearing under Sections 571.124 through 571.126.
(c)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(d)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution;  and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.13, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter C. General Powers and Duties › Section 571.079. Posting Information Relating to Unpaid Penalties on Website

Sec. 571.079.  POSTING INFORMATION RELATING TO UNPAID PENALTIES ON WEBSITE.  (a)  Not later than the 15th day after the date on which an application for a place on the general primary election ballot or for nomination by convention is required to be filed, the commission shall post on its Internet website:
(1)  the name and address of each candidate for an office specified by Section 252.005(1), Election Code, who has failed to pay a civil penalty imposed by the commission for failure to file with the commission a required report or statement under Chapter 254, Election Code, or Chapter 572;  and
(2)  for each candidate listed under Subdivision (1), the amount of the penalty imposed and the amount paid, if any.
(b)  The commission may not post information under this section that relates to a civil penalty while the penalty is the subject of an administrative or judicial appeal by the candidate against whom the penalty is imposed.
(c)  The commission shall remove from the commission's Internet website information posted under this section as soon as practicable after the candidate pays the civil penalty in full.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.13, eff. Sept. 1, 2003.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.