Texas Local Government Code 161.159 – 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 § 161.156(b) not later than the 14th day after the date the respondent receives the notice; and
(2) if the matter is not resolved by agreement between the standing preliminary review committee and the respondent before the 30th day after the date the committee receives the respondent’s response to the notice given under § 161.156(b), the committee shall set the matter for a preliminary review hearing to be held at the next committee meeting.
(b) If the alleged violation is a Category Two violation:
(1) the respondent must respond to the notice required by § 161.156(b) not later than the 14th day after the date the respondent receives the notice under § 161.156(b); and
(2) if the matter is not resolved by agreement between the standing preliminary review committee and the respondent before the 30th day after the date the committee receives the respondent’s response to the notice given under § 161.156(b), the committee shall set the matter for a preliminary review hearing to be held at the next committee meeting.
Terms Used In Texas Local Government Code 161.159
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A respondent’s failure to timely respond as required by Subsection (a)(1) or (b)(1) is a Category One violation.
(d) The response required by Subsection (a) or (b) must include any challenge the respondent seeks to raise to the commission’s exercise of jurisdiction. In addition, the respondent may:
(1) acknowledge the occurrence or commission of a violation;
(2) deny the allegations contained in the complaint and provide evidence supporting the denial; or
(3) agree to enter into an assurance of voluntary compliance or other agreed order, which may include an agreement to immediately cease and desist.
(e) If the standing preliminary review committee sets the matter for a preliminary review hearing, the committee shall promptly send to the complainant and the respondent written notice of the date, time, and place of the preliminary review hearing.