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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of a sworn complaint made to the Texas |
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Ethics Commission by a vexatious complainant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 571, Government Code, is |
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amended by adding Section 571.1223 to read as follows: |
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Sec. 571.1223. DISMISSAL OF COMPLAINT FILED BY VEXATIOUS |
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COMPLAINANT. (a) At any stage of a proceeding under this |
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subchapter, the commission shall dismiss a complaint if the |
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commission determines that the complaint was filed by a vexatious |
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complainant. |
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(b) The commission may determine that an individual who |
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files a sworn complaint is a vexatious complainant if the |
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respondent shows that there is not a reasonable probability that |
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the commission will determine that there is credible evidence for |
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the commission to determine that a violation within the |
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jurisdiction of the commission has occurred and that: |
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(1) the complainant, in the seven-year period |
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immediately preceding the date the complaint is made, has made at |
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least five sworn complaints to the commission: |
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(A) that have been dismissed; |
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(B) for which it was finally determined that a |
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violation within the jurisdiction of the commission has not |
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occurred; or |
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(C) for which it was finally determined that |
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there is insufficient credible evidence to determine that a |
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violation within the jurisdiction of the commission has occurred; |
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or |
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(2) after a complaint has been dismissed, the |
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complainant repeatedly refiles sworn complaints based on the same |
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particular occurrence. |
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SECTION 2. This Act takes effect September 1, 2019. |