Does the Texas Ethics Commission have to send a complainant's residency proof to the person they complained about?

Plain-English summary

To file a sworn complaint with the Texas Ethics Commission, a complainant must attach a document, such as a paycheck or property tax bill, showing that the complainant is a Texas resident or owns real property in the state. When the Commission's executive director decides the Commission has jurisdiction, the Commission must send the respondent (the person complained about) a copy of the complaint. The Commission's executive director asked the Attorney General whether that attached residency document is part of the complaint, so that it too must go to the respondent, and if so, whether any of it must be redacted.

The opinion did not flatly answer the question; instead it predicted how a court would treat the Commission's own reading. No Texas law expressly says whether the residency document becomes part of the complaint. The statute simply says the document "must be attached to the complaint." The Commission interprets that to mean the document is not part of the complaint and does not have to be sent to the respondent. The opinion explained that a court would give "serious consideration" to that interpretation if the Commission enforces the statute and its interpretation is reasonable and does not contradict the plain language. Looking at the text, the opinion found the phrase "attached to the complaint" does not plainly make the document part of the complaint: while an attached document could be treated like an exhibit to a pleading, it could just as well be extrinsic information separate from the items the statute lists as required contents of a complaint.

The opinion concluded that a court would likely find the Commission's interpretation reasonable, partly because the Legislature wrote "attached to the complaint" instead of saying the document is part of the complaint. So the opinion did not conclude that the Commission must give the respondent a copy of the residency document under section 571.124(e), and because that disposed of the first question, it did not reach the second question about redaction. The opinion added two practical notes drawn from the law: a respondent may examine all documents submitted with a complaint at the Commission's office, and the Commission must comply with the public-information laws.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later Attorney General opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant for those who asked

The Texas Ethics Commission (as the opinion held for it): The opinion told the Commission that a court would likely give serious consideration to its reading that the attached residency document is not part of the complaint and need not be sent to the respondent, so the opinion did not conclude the Commission was required to send it.

Respondents in ethics complaints (as the opinion described it): Under the opinion, a respondent was not entitled by section 571.124(e) to a mailed copy of the complainant's residency document, but the opinion noted the respondent could examine all documents submitted with a complaint at the Commission's office.

On the redaction question (where the opinion stopped): Because it did not conclude the document had to be sent, the opinion expressly did not reach the second question about whether anything in the document must be redacted.

Common questions

Does the Texas Ethics Commission have to mail a complainant's residency proof to the respondent?
The opinion did not conclude that it must. It found a court would likely defer to the Commission's view that the attached document is not part of the complaint under section 571.124(e).

Why didn't the Attorney General give a yes-or-no answer?
The opinion explained that the statute is not plain on the point, so it analyzed how a court would treat the Commission's reasonable interpretation, concluding the court would give it serious consideration.

Can the respondent still see the residency document?
Yes. The opinion noted that a respondent may examine all documents submitted with a complaint at the Commission's office.

What about redacting personal information in the document?
The opinion did not reach that question, because it did not conclude the document had to be sent to the respondent.

Background and statutory framework

A complainant must attach a document showing Texas residency or real-property ownership to a sworn complaint. Tex. Gov't Code Ann. § 571.122(b-1) (West Supp. 2010). When the executive director finds jurisdiction, the Commission must send the respondent a copy of the complaint. Id. § 571.124(e) (West 2004). The statute listing the required contents of a complaint does not list the residency document. Id. § 571.122(b). The Commission may adopt rules to administer chapter 571. Id. § 571.062(a) (West 2004).

A court gives an agency's interpretation of a statute it administers "serious consideration" if the interpretation is reasonable and does not contradict the statute's plain language. Tarrant Appraisal Dist. v. Moore, 845 S.W.2d 820, 823 (Tex. 1993). A court may use a dictionary to determine the meaning of statutory language. Powell v. Stover, 165 S.W.3d 322, 326 (Tex. 2005). Words are included in and excluded from statutes for a purpose. Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 540 (Tex. 1981). The opinion noted that a respondent may examine all documents submitted with a complaint at the Commission's office, 1 Tex. Admin. Code § 12.67(b) (2011), and that the Commission must comply with public-information laws, Tex. Gov't Code Ann. §§ 552.001-.353 (West 2004 & Supp. 2010), 571.139-.140 (West 2004).

Citations

Statutes:

• Tex. Gov't Code Ann. § 571.122(b-1) (West Supp. 2010)
• Tex. Gov't Code Ann. § 571.122(b) (West Supp. 2010)
• Tex. Gov't Code Ann. § 571.124(e) (West 2004)
• Tex. Gov't Code Ann. § 571.062(a) (West 2004)
• Tex. Gov't Code Ann. §§ 552.001-.353 (West 2004 & Supp. 2010)
• Tex. Gov't Code Ann. §§ 571.139-.140 (West 2004)
• 1 Tex. Admin. Code § 12.67(b) (2011)
• Tex. R. Civ. P. 59

Cases:

• Tarrant Appraisal Dist. v. Moore, 845 S.W.2d 820, 823 (Tex. 1993)
• Powell v. Stover, 165 S.W.3d 322, 326 (Tex. 2005)
• Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 540 (Tex. 1981)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0863
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2011/ga0863.pdf

Original opinion text

Best-effort transcription from the official PDF. Minor extraction artifacts were corrected; the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS
GREG ABBOTT

July 28, 2011

Mr. David A. Reisman Opinion No. GA-0863
Executive Director
Texas Ethics Commission Re: Information that must be furnished to a
Post Office Box 12070 respondent against whom a complaint is filed with
Austin, Texas 78711 the Texas Ethics Commission (RQ-0910-GA)

Dear Mr. Reisman:

You ask two questions about complaints filed with the Texas Ethics Commission (the "Commission").[1] A complainant must attach a copy of a document like a paycheck or property tax bill to the complaint to demonstrate residency or real-property ownership in Texas. TEX. GOV'T CODE ANN. § 571.122(b-1) (West Supp. 2010). If the executive director of the Commission determines that the Commission has jurisdiction over the complaint, the Commission must send the respondent a copy of the complaint. Id. § 571.124(e) (West 2004). You ask whether the attached document is part of the complaint and must be sent to the respondent under section 571.124(e) and, if so, whether anything in the attached document must be redacted. Request Letter at 1-2.

No Texas law explicitly states whether the document establishing residency or real-property ownership in Texas is so incorporated into the complaint as to be part of it. The law merely states that a copy of the document "must be attached to the complaint." TEX. GOV'T CODE ANN. § 571.122(b-1) (West Supp. 2010). The Commission interprets section 571.122 to mean that the document is not part of the complaint and does not have to be sent to the respondent. Request Letter at 2. Courts would give this interpretation "serious consideration" if the Commission enforces section 571.122 and if its interpretation is reasonable and does not contradict the statute's plain language. Tarrant Appraisal Dist. v. Moore, 845 S.W.2d 820, 823 (Tex. 1993).

Under section 571.062, the "[C]ommission ... may adopt rules to administer this chapter or any other law administered and enforced by the [C]ommission." TEX. GOV'T CODE ANN. § 571.062(a) (West 2004). Therefore, chapter 571 is a law "administered and enforced by the [Commission]."

The Commission's interpretation would contradict the plain language of section 571.122 if the phrase "attached to the complaint" plainly means that the document is part of the complaint. The word "attach" means "to tack on, fasten, affix, connect." 1 OXFORD ENGLISH DICTIONARY 759 (2nd ed. 1989). See also Powell v. Stover, 165 S.W.3d 322, 326 (Tex. 2005) (indicating that a court may determine the meaning of statutory language by using a dictionary). It is also possible that a document "fastened or affixed" to a complaint may be regarded as part of a complaint, like an exhibit in a pleading. Cf. TEX. R. CIV. P. 59 (providing that written instruments "may be made a part of the pleadings by ... being attached or filed and referred to as such"). However, it is also possible that the "fastened or affixed" document is not part of a complaint but is extrinsic information different from the information explicitly identified as intrinsic to the complaint. See TEX. GOV'T CODE ANN. § 571.122(b) (West Supp. 2010) (listing the information that a "complaint filed under this section must ... set forth" but not listing the document establishing residency or real-property ownership in Texas). Therefore, the phrase "attached to the complaint" does not plainly mean that the document becomes part of the complaint.

A court would likely find the Commission's interpretation reasonable because the Legislature used the words "attached to the complaint" rather than language explicitly stating that the attached document is part of the complaint. See Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 540 (Tex. 1981) (noting that words are included in and excluded from statutes for a purpose).

Because a court would likely find that the Commission is charged with administering or enforcing section 571.122 of the Government Code and that its decision not to send the respondent a copy of the document under section 571.124(e) is reasonable and does not contradict the plain language of section 571.122, a court would likely give the Commission's interpretation "serious consideration." Tarrant Appraisal Dist., 845 S.W.2d at 823. Accordingly, we do not conclude that the Commission must provide a copy of the document establishing the complainant's residency or real-property ownership in Texas to the respondent under section 571.124(e).[2] Nor do we answer your second question. See Request Letter at 2 (requesting an answer to the second question only if we determine that the attached document must be sent to the respondent under section 571.124(e)).[3]

SUMMARY

A court would likely give serious consideration to the Texas Ethics Commission's decision not to send the respondent in a matter regarding a sworn complaint a copy of the document establishing the complainant's residency or real-property ownership in Texas.

Very truly yours,

GREG ABBOTT
Attorney General of Texas

DANIEL T. HODGE
First Assistant Attorney General

DAVID J. SCHENCK
Deputy Attorney General for Legal Counsel

JASON BOATRIGHT
Chair, Opinion Committee

Jason Boatright
Assistant Attorney General, Opinion Committee

[1] Letter from David A. Reisman, Executive Director, Texas Ethics Commission, to Honorable Greg Abbott, Attorney General of Texas (Aug. 19, 2010), https://www.oag.state.tx.us/opin/index_rq.shtml ("Request Letter").

[2] We note that the respondent may examine all documents submitted with a complaint at the Commission's office. 1 TEX. ADMIN. CODE § 12.67(b) (2011) (Tex. Ethics Comm'n, Sworn Complaints).

[3] The Commission must comply with all applicable laws regarding access to public information. See, e.g., TEX. GOV'T CODE ANN. §§ 552.001-.353 (West 2004 & Supp. 2010), 571.139-.140 (West 2004).