AUSTIN - Sworn complaint information filed with the Texas Ethics Commission is not subject to the Public Information Act and may not be disclosed to a legislator requesting the information, Attorney General Ken Paxton recently opined.
Back in November, the TEC requested an AG opinion on whether it may release confidential sworn complaint information that is exempted from the Texas Public Information Act upon request from an individual member of the Legislature for legislative purposes.
On May 17, Paxton issued his opinion, finding that Government Code chapter 571 protects sworn complaint information filed with the TEC.
As part of the Public Information Act, Government Code section 552.008 affords a legislator a special right of access to governmental information sought for legislative purposes.
“But Government Code chapter 571, governing the Texas Ethics Commission, expressly provides that documents and evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint are not subject to the Public Information Act,” the opinion states.
“Accordingly, a court giving effect to this plain language would likely conclude that the Texas Ethics Commission may not release confidential sworn complaint information to a Legislator pursuant to a request under section 552.008.”
Opinion No. KP-0465