Rules
Adopted

ADOPTED RULES

On September 24, 2024, the Texas Ethics Commission adopted a rule on an emergency basis to clarify the TEC’s authority to refer certain matters to the appropriate prosecuting attorney.

The law allows the TEC to refer matters to the appropriate prosecuting attorney upon a vote of six commissioners. The rule states the TEC may vote to refer a matter related to a sworn complaint once the TEC accepts jurisdiction over the sworn complaint. The rule also restates the legal requirement that certain referrals must be delayed until after an applicable election.

The TEC adopted this emergency rule to address the Court of Criminal Appeals' recent decision in Ex Parte Charette, Cause No. PD-0522-01 (Tex. Crim. App. Sept. 11, 2024), which ruled that the TEC must make a referral to the appropriate prosecuting attorney before a prosecutor can file certain criminal charges.

The text of the rule, which is now in effect, is below:

1 Tex. Admin. Code, Chapter 13. Referrals to Prosecutors.
(Effective September 24, 2024)
Text of Adopted Amended Rule

The adopted new language is indicated by underlined text.
The deleted language is indicated by [strikethrough] text.

§ 13.1. Referral to Prosecuting Attorney.

(a) Under section 571.171 of the Government Code, the commission may vote to refer a matter related to a sworn complaint to the appropriate prosecuting attorney for criminal prosecution upon the commission accepting jurisdiction over the sworn complaint.

(b) A referral under subsection (a) of this section shall be delayed in accordance with section 571.134 of the Government Code.