| (a) A complaint does not comply with the requirements
of §571.122 of the Government Code if:
(1) the complaint includes an allegation of conduct
that the commission has previously determined is not a violation of
a statute or rule within the commission's jurisdiction; and
(2) before the complaint was filed the complainant
was provided notice that such conduct is an invalid basis for an allegation.
(b) A complainant has been provided notice if, before
a complaint is filed, the commission states the basis for rejecting
an allegation in a written communication mailed to the complainant
at the last address provided to the commission by the complainant,
or in a written communication transmitted by electronic mail to the
complainant at the last electronic mail address provided to the commission
by the complainant.
(c) A complaint determined to be non-complying under
subsection (a) of this section is presumed to be a frivolous or bad
faith complaint.
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