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RULE §6.7Actions That Require Six Votes

(a) The following actions require the affirmative vote of no less than six members of the commission:

  (1) to adopt a rule to administer any law administered and enforced by the commission;

  (2) to render any decision on a complaint or a report of a violation as provided by the Government Code, Chapter 571 (concerning Texas Ethics Commission), other than a final decision after a formal hearing that a violation has not occurred, which requires only five votes;

  (3) to prohibit participation by a member of the commission in commission proceedings relating to the investigation, complaint, or motion;

  (4) without a sworn complaint, to initiate a preliminary review of an alleged violation of a law administered or enforced by the commission;

  (5) to subpoena and examine witnesses and documents that directly relate to a sworn complaint and issue a written request to a peace officer to serve a subpoena of the commission in the manner prescribed for service of a district court subpoena;

  (6) to order and perform a complete audit at an informal or formal hearing of a sworn complaint or commission-initiated complaint; and

  (7) to initiate civil enforcement actions and refer matters to the appropriate prosecuting attorney for criminal prosecution.

(b) Any action not listed in subsection (a) of this section that requires a vote of the commission requires the affirmative vote of no less than five members of the commission.

Source Note: The provisions of this §6.7 adopted to be effective December 31, 1993, 18 TexReg 9707.

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