89th Legislature Regular Session

SB 869

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 869 amends Section 571.1242(h) of the Texas Government Code to modify the rules governing complaint resolution by the Texas Ethics Commission (TEC). Under current law, the TEC has a set deadline to resolve complaints, but this deadline may be tolled under certain circumstances. This bill clarifies that the deadline may only be tolled during the duration of litigation initiated by either the respondent or the commission itself. Furthermore, the bill prohibits the TEC from adopting or enforcing any rule that would extend complaint resolution deadlines beyond the duration of litigation.

This change aims to enhance government efficiency and accountability by ensuring that complaints are addressed within a predictable timeframe, preventing undue delays that could affect individuals under investigation.
Author
Brian Birdwell
Co-Author
Paul Bettencourt
Bob Hall
Royce West
Fiscal Notes

The Legislative Budget Board (LBB) estimates that SB 869 will have a negative fiscal impact on General Revenue of $595,240 over the biennium ending August 31, 2027. The anticipated annual cost is projected to be approximately $300,430 in FY 2026 and $294,810 in each subsequent year through FY 2030.

The bill removes the Texas Ethics Commission's (TEC) ability to toll complaint resolution deadlines by issuing additional written questions or discovery requests, as currently permitted under TEC rules 12.22 and 12.23. As a result, the TEC expects an increased workload due to the need for more formal hearings or litigation to comply with the revised complaint resolution timeline. To maintain current enforcement levels, the TEC anticipates hiring two additional attorneys, each with an annual cost of $110,000 in salary and $35,013 in benefits. Additionally, initial operating expenses for these attorneys—such as office space, computers, and equipment—will cost $5,202 in FY 2026 and $2,392 annually thereafter per attorney.

Technology costs are expected to be minimal, limited to standard office expenditures. No significant fiscal implications are anticipated for local governments as a result of this bill.

Vote Recommendation Notes

SB 869 strengthens accountability and clarifies the Texas Ethics Commission's (TEC) deadline for resolving complaints, reinforcing due process and government efficiency. Under current law, the TEC must dismiss or propose a resolution within 120 days, except when litigation is involved. However, TEC adopted Rule 12.23(d) without explicit legislative authority, which allows for indefinite tolling of this deadline upon the issuance of a subpoena. SB 869 corrects this overreach by ensuring that the only allowable delay occurs during litigation initiated by either the respondent or the commission.

From a limited government perspective, the bill reduces the potential for bureaucratic abuse by preventing indefinite delays in resolving complaints. It curtails TEC’s ability to extend investigations unilaterally and ensures greater transparency and fairness in ethics enforcement. This aligns with the principle that government agencies should operate within clearly defined limits and not expand their own authority beyond legislative intent.

Additionally, the bill enhances individual liberty and due process by ensuring that those accused of ethics violations receive timely resolutions, preventing unnecessary harm to reputations and political participation. While the bill does increase costs due to the TEC's need to handle cases more efficiently—requiring two additional attorneys—this cost is justified to uphold fair and expeditious complaint resolution.


In sum, SB 869 promotes transparency, accountability, and limited government, making a YES vote the appropriate recommendation.

View Bill Text and Status