Texas Local Government Code 161.158 – Preliminary Review: Initiation
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(a) The standing preliminary review committee shall promptly conduct a preliminary review on receipt of a written complaint that is in compliance with the form requirements of § 161.155.
(b) The standing preliminary review committee shall determine in writing whether the commission has jurisdiction over the violation of the ethics code provision alleged in a sworn complaint processed under § 161.156.
Terms Used In Texas Local Government Code 161.158
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the standing preliminary review committee determines that the commission has jurisdiction, the committee shall issue a notice under § 161.156(b) that must include:
(1) a statement that the commission has jurisdiction over the violation alleged in the complaint;
(2) a statement of whether the complaint will be processed as a Category One violation or a Category Two violation, subject to reconsideration as provided for by § 161.154;
(3) the date by which the respondent is required to respond to the notice;
(4) a copy of the complaint and the rules of procedure of the commission;
(5) a statement of the rights of the respondent;
(6) a statement inviting the respondent to provide to the commission any information relevant to the complaint; and
(7) a statement that a failure to timely respond to the notice will be treated as a separate violation.
(d) If the standing preliminary review committee determines that the commission does not have jurisdiction over the violation alleged in the complaint, the committee shall:
(1) dismiss the complaint; and
(2) not later than the 14th day after the date of the dismissal, send to the complainant and the respondent written notice of the dismissal and the grounds for the dismissal.