AP Photo/Eric Gay, Files
The Texas Senate has passed a bill that could affect the ongoing court battle over how ethics laws will be enforced against elected officials and other politicians.
Last fall, the Texas Court of Criminal Appeals ruled that the Texas Ethics Committee has sole authority over certain campaign finance, lobbying and political advertising laws. The case centered on Washington County politician Robbie Gale Charett, who was accused of errors related to financial statements and political advertising.
A judgment from Texas’s Supreme Criminal Court means that prosecutors must obtain approval from the committee Before filing criminal charges against politicians accused of violating ethics laws and elected officials. The court has agreed to rehearsals for the case, and oral discussions are scheduled for late April.
but, Senate Bill 987 The court can be abolished. Add a clear language to some of the Texas government code at the heart of the incident. If the law passes as written, Prosecutors will no longer need to seek permission from the ethics committee to pursue politicians who violate the Campaign Act.
Charett’s lawyer, Lewis Thomas, declined to comment on the Texas Senate bill. State prosecutor Stacey Saul filed a complaint for the Challet case to be rehearsed but could not immediately request comment. The Texas Ethics Committee did not respond to requests for comment on the bill.
State Sen. Paul Bettencourt of Houston co-authored with Republican Sen. Brian Birdwell of Granbury. Bettencourt said he was partially inspired by news reports Houston Public Media Other outlets.
“This is actually just a common sense bill, as it was never intended that all issues be dealt with civilly through the ethics committee,” he said.
Bettencourt added that lawmakers are not intended to make civil ethics complaints to prevent district attorneys from bringing criminal charges against politicians who violate these laws.
“We’re trying to straighten out what’s not a good way to operate these cases before the ethics committee,” Bettencourt said.
The bill passed 28-3 in the Texas Senate last week. Heading to the Texas House of Representatives.
The impact of the Houston area
Shallett’s sentence has already been called in at least one Houston-area criminal case.
Fort Bend County Judge George was charged last year after accusations of working with staff to fake racist attacks on his own campaign on social media.
Prosecutors sought permission from the Ethics Committee prosecuting George. When they did not respond before the restrictions law expired, they proceeded with criminal charges.
George’s lawyer Discussed His client’s case should be dismissed because the prosecutor did not obtain approval from the Ethics Committee when the initial criminal case was filed. Finally the judge The prosecutor’s allies George then brought the case to the 14th Court of Appeals.
George’s lawyer, Chad Dick, declined to comment on the Texas Senate bill. The Fort Bend County District Attorney’s Office also declined to comment on the law.
Last year, in response to Charette’s ruling, the Ethics Committee drafted an emergency rule that would allow people to vote immediately to refer the case for prosecution if they were to receive a complaint. This means that the entire committee management process is not required to pass before a criminal case begins.
The Ethics Committee officially adopted the rules at its meeting in early March.
Both the state prosecutor and Shallett’s attorney filed briefs prior to rehearsals in the case.
The state argues that the Ethics Committee and the Texas Court have separate jurisdiction over violations of ethics laws, and that criminal prosecution is beyond the scope of the committee’s authority.
“The jurisdiction of a criminal court should not be implicitly expelled by mere grants from the civic supervisory authority,” the state outline said.
Challett’s attorney Thomas noted in his brief that several district attorneys, including Bend County’s Da Brian Middleton, filed incomplete campaign contribution information or personal financial statements, as required by ethics law or as missed the deadline.
Middleton was unable to contact us immediately via a spokesman for comment.
Simply put, Lewis argues that the initial sentence includes a narrow set of laws and does not prevent district attorneys from prosecuting more serious crimes, such as bribery and fraud.
“The opinion of the court simply affects the intent of Congress to exercise TEC’s sole authority to make an initial decision on a limited violation of the law accused of administering and enforcement,” Brief said.
Oral discussion is scheduled for April 29th.
