PART 2. TEXAS ETHICS COMMISSION
CHAPTER 12. SWORN COMPLAINTS
SUBCHAPTER B. FILING AND INITIAL PROCESSING OF A COMPLAINT
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Ethics Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Ethics Commission proposes the repeal of §12.57, relating to the contents of a sworn complaint.
The proposed repeal of §12.57 would repeal the rule relating to the contents of a sworn complaint. Subsection (a) is no longer necessary because it was codified in §571.122 of the Government Code by House Bill 3218, 81st Legislature, Regular Session, which became effective on June 19, 2009. The repeal of subsection (b) would require a complaint to include the position or title of a respondent, as required by the statute.
David A. Reisman, Executive Director, has determined that for each year of the first five years that the repeal is in effect there will be no fiscal implication for the state and no fiscal implication for local government as a result of enforcing or administering the repeal as proposed. Mr. Reisman has also determined that the repeal will have no local employment impact.
Mr. Reisman has also determined that for each year of the first five years the repeal is in effect, the anticipated public benefit will be clarity in what is required by the law.
Mr. Reisman has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not apply to single businesses.
Mr. Reisman has further determined that there are no economic costs to persons required to comply with the repeal as proposed.
The Texas Ethics Commission invites comments on the proposed repeal from any member of the public. A written statement should be mailed or delivered to Natalia Luna Ashley, Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the commission concerning the proposed repeal may do so at any commission meeting during the agenda item "Communication to the Commission from the Public" and during the public comment period at a commission meeting when the commission considers final adoption of the proposed repeal. Information concerning the date, time, and location of commission meetings is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
The repeal of §12.57 is proposed under Government Code, Chapter 571, §571.062, which authorizes the commission to adopt rules concerning the laws administered and enforced by the commission.
The proposed repeal of §12.57 affects §571.122 of the Government Code.
§12.57.Contents of a Complaint.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 13, 2009.
TRD-200903569
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: September 27, 2009
For further information, please call: (512) 463-5800