Bill Text: TX HB46 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the dismissal of a sworn complaint made to the Texas Ethics Commission by a vexatious complainant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-20 - Left pending in committee [HB46 Detail]

Download: Texas-2019-HB46-Introduced.html
  86R388 ATP-D
 
  By: E. Johnson of Dallas H.B. No. 46
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the dismissal of a sworn complaint made to the Texas
  Ethics Commission by a vexatious complainant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 571, Government Code, is
  amended by adding Section 571.1223 to read as follows:
         Sec. 571.1223.  DISMISSAL OF COMPLAINT FILED BY VEXATIOUS
  COMPLAINANT. (a) At any stage of a proceeding under this
  subchapter, the commission shall dismiss a complaint if the
  commission determines that the complaint was filed by a vexatious
  complainant.
         (b)  The commission may determine that an individual who
  files a sworn complaint is a vexatious complainant if the
  respondent shows that there is not a reasonable probability that
  the commission will determine that there is credible evidence for
  the commission to determine that a violation within the
  jurisdiction of the commission has occurred and that:
               (1)  the complainant, in the seven-year period
  immediately preceding the date the complaint is made, has made at
  least five sworn complaints to the commission:
                     (A)  that have been dismissed;
                     (B)  for which it was finally determined that a
  violation within the jurisdiction of the commission has not
  occurred; or
                     (C)  for which it was finally determined that
  there is insufficient credible evidence to determine that a
  violation within the jurisdiction of the commission has occurred;
  or
               (2)  after a complaint has been dismissed, the
  complainant repeatedly refiles sworn complaints based on the same
  particular occurrence.
         SECTION 2.  This Act takes effect September 1, 2019.
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