Texas Government Code Title 5, Chapter 571 - Texas Ethics Commission

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 571.001 - Purpose
  It is the policy of the legislature to protect the constitutional privilege of free suffrage by regulating elections and prohibiting undue influence while also protecting...

SUBCHAPTER B ADMINISTRATIVE PROVISIONS

• Texas Section 571.002 - Definitions
  In this chapter: (1) "Commission" means the Texas Ethics Commission. (2) "Complainant" means an individual who files a sworn complaint with the commission. (2-a) "Executive...
• Texas Section 571.021 - Texas Ethics Commission
  This chapter applies to the Texas Ethics Commission created under Article III, Section 24a, of the Texas Constitution. Added by Acts 1993, 73rd Leg., ch....
• Texas Section 571.022 - Sunset Provision
  The commission is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter. The commission shall be reviewed during...
• Texas Section 571.0221 - Discrimination Prohibited
  Appointments to the commission shall be made without regard to the race, color, disability, sex, age, national origin, or religion of the appointees. Added by...
• Texas Section 571.023 - Presiding Officer
  The members of the commission shall elect annually the presiding officer of the commission. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff....
• Texas Section 571.0231 - Restriction On Commission Membership
  A person may not be a member of the commission if the person is required to register as a lobbyist under Chapter 305. Added by...
• Texas Section 571.0232 - Grounds For Removal
  (a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications...
• Texas Section 571.024 - Expenses
  A member of the commission is entitled to travel expenses incurred in performing official duties and to a per diem equal to the maximum amount...
• Texas Section 571.025 - Meetings
  The commission shall meet at least once each calendar quarter and at other times at the call of the presiding officer. Added by Acts 1993,...
• Texas Section 571.026 - Quorum; Vote Required
  (a) A majority of the membership of the commission constitutes a quorum. (b) A vacancy on the commission may not be considered in determining the...
• Texas Section 571.027 - Prohibited Participation
  (a) A member of the commission may not participate in a commission proceeding relating to any of the following actions if the member is the...
• Texas Section 571.0271 - Commission Member Training
  (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as...
• Texas Section 571.028 - Prohibited Candidacy
  A member of the commission may not be a candidate for an elective public office for 12 months after the date on which the member...
• Texas Section 571.029 - Staff
  (a) The commission may employ staff, including an executive director and a general counsel, necessary to administer the commission's functions. (b) The commission may not...
• Texas Section 571.030 - Separation Of Responsibilities
  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and...
• Texas Section 571.0301 - Information To Members And Employees
  The executive director or the executive director's designee shall provide to members and employees of the commission, as often as necessary, information regarding the requirements...
• Texas Section 571.0302 - Equal Employment Policy
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity...
• Texas Section 571.031 - Records
  Except as provided by Sections 571.139(a) and 571.140, Chapter 552 applies to all records of the commission. Added by Acts 1993, 73rd Leg., ch. 268,...

SUBCHAPTER C GENERAL POWERS AND DUTIES

• Texas Section 571.032 - Mailing Of Notices, Decisions, And Reports
  (a) Except as provided by Subsection (b), each written notice, decision, and report required to be sent under this chapter shall be sent by registered...
• Texas Section 571.061 - Laws Administered And Enforced By Commission
  (a) The commission shall administer and enforce: (1) Chapters 302, 303, 305, 572, and 2004; (2) Subchapter C, Chapter 159, Local Government Code, in connection...
• Texas Section 571.062 - Rules
  (a) The commission, on the affirmative vote of at least six members of the commission, may adopt rules to administer this chapter or any other...
• Texas Section 571.063 - Rules Concerning Gifts To Regulatory Agency Officers And Employees
  (a) The commission shall require each regulatory agency in the executive branch to develop rules limiting the acceptance of gifts or other benefits from persons...
• Texas Section 571.0631 - Rules Concerning Technical And Clerical Violations
  The commission shall adopt rules prescribing procedures for investigating and resolving technical and clerical violations of laws within the commission's jurisdiction. For registrations and reports...
• Texas Section 571.064 - Reporting And Registration Thresholds
  (a) If a law administered and enforced by the commission authorizes the commission to determine dollar amounts as reporting or registration thresholds, the commission shall...
• Texas Section 571.0645 - Filing Deadline For Electronic Reports
  The commission shall by rule establish that the deadline for any report filed electronically with the commission is midnight on the last day for filing...
• Texas Section 571.065 - Forms
  (a) The commission shall prescribe forms for statements and reports required to be filed with the commission. (b) The commission shall provide for the distribution...
• Texas Section 571.066 - Electronic Data Base
  (a) The Department of Information Resources shall study the implementation of the most appropriate electronic data base to enhance the commission's abilities to administer this...
• Texas Section 571.067 - Computer Software
  The commission may develop computer software to facilitate the discharge of its statutory duties. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff....
• Texas Section 571.0671 - Requirements For Electronic Filing Software
  (a) Computer software provided or approved by the commission for use under Section 254.036(b), Election Code, or Section 302.013 or 305.0064 must: (1) use a...
• Texas Section 571.0672 - Proposition Of Technological Solutions
  The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D ADVISORY OPINIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 571.097 - Defense For Reliance On Advisory Opinion
  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...

SUBCHAPTER E COMPLAINT PROCEDURES AND HEARINGS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 571.122 - Filing Of Complaint; Contents
  (a) An individual may file with the commission a sworn complaint alleging that a person subject to a law administered and enforced by the commission...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 571.1241 - Review Of Executive Director's Determination Of No Jurisdiction
  (a) If the executive director determines that the commission does not have jurisdiction over the violation alleged in the complaint, the complainant may request that...
• Texas Section 571.1242 - Preliminary Review: Response By Respondent
  (a) If the alleged violation is a Category One violation: (1) the respondent must respond to the notice required by Section 571.123(b) not later than...
• Texas Section 571.1243 - Preliminary Review: Written Questions
  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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 571.126 - Preliminary Review Hearing: Resolution
  (a) As soon as practicable after the completion of a preliminary review hearing, the commission by vote shall issue a decision stating: (1) whether there...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F ENFORCEMENT

• Texas Section 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;...
• Texas Section 571.171 - Initiation And Referral
  (a) On a motion adopted by an affirmative vote of at least six commission members, the commission may initiate civil enforcement actions and refer matters...
• Texas Section 571.172 - Order
  The commission may: (1) issue and enforce a cease and desist order to stop a violation; and (2) issue an affirmative order to require compliance...
• Texas Section 571.173 - Civil Penalty For Delay Or Violation
  The commission may impose a civil penalty of not more than $5,000 or triple the amount at issue under a law administered and enforced by...
• Texas Section 571.1731 - Waiver Or Reduction Of Late Filing Penalty
  (a) A person may request the waiver or reduction of a civil penalty under Section 305.033(b) or 572.033(b) of this code or Section 254.042(b), Election...
• Texas Section 571.174 - Denial, Suspension, Or Revocation Of Lobbyist Registration
  After a criminal conviction for an offense under Chapter 36 of the Penal Code or under Chapter 305, the commission may deny, suspend, or revoke...
• Texas Section 571.175 - Notification Of Regulatory Or Supervisory Entity
  The commission may notify the appropriate regulatory or supervisory entity, including any agency, the State Commission on Judicial Conduct, the senate, the house of representatives,...
• Texas Section 571.176 - Civil Penalty For Frivolous Or Bad-faith Complaint
  (a) The commission may impose a civil penalty of not more than $10,000 for the filing of a frivolous or bad-faith complaint. In this subsection,...
• Texas Section 571.177 - Factors Considered For Assessment Of Sanction
  The commission shall consider the following factors in assessing a sanction: (1) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity...

Last modified: September 28, 2016