BILL ANALYSIS


                                                           H.B. 2
                                                By: Black (Brown)
                                                    State Affairs
                                                          4-11-95
                              Senate Committee Report (Unamended)
BACKGROUND

During the interim of the 73rd Legislature, the House
Administration Committee studied several issues relating to
legislative caucuses.  To assist the committee with this aim, the
matter was referred to the Subcommittee on Caucus Policy for
further consideration.  The subcommittee held public hearings and
heard testimony from some of the house caucus chairs as well as
other individuals.  Recommendations to the 74th Legislature were
adopted by the subcommittee and reported to the committee.  The
committee adopted and concurred with the subcommittee's proposal. 


PURPOSE

As engrossed, H.B. 2 prohibits contributions to legislative
caucuses by nonmembers during a legislative session; provides a
criminal penalty.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 253B, Election Code, by adding Section
253.0341, as follows:

     Sec. 253.0341.  RESTRICTIONS ON CONTRIBUTIONS TO LEGISLATIVE
     CAUCUSES DURING REGULAR LEGISLATIVE SESSION.  (a) Prohibits a
     person who is not a member of a legislative caucus (caucus)
     from knowingly making a contribution to the caucus between the
     30th day before a regular legislative session convenes and
     through the day of final adjournment.
     
     (b) Prohibits a caucus from knowingly accepting from a
       nonmember a contribution, and requires the caucus to refuse
       these contributions if received.  Requires a received and
       refused contribution to be returned to the contributor
       within 30 days after its receipt.  Provides that a
       contribution made by mail is not considered received during
       that period if it was placed with postage prepaid and
       properly addressed in the U.S. mail before the beginning of
       the period.  Provides that the postmark is considered to be
       the date the contribution was placed in the mail, unless
       proven otherwise.
       
       (c) Provides that a person who violates this section commits
       a Class A misdemeanor.
       
       (d) Provides that a person who knowingly makes or accepts a
       contribution in violation of this section is liable for
       damages of triple the value of the unlawful contributions. 
       
       (e) Defines "legislative caucus."
SECTION 2. Amends Chapter 254B, Election Code, by adding Section
254.0311, as follows:

     Sec. 254.0311.  REPORT BY LEGISLATIVE CAUCUS.  (a) Requires a
     caucus to file a report of contributions and expenditures as
     required by this section.
     
     (b) Sets forth requirements for a report filed under this
       section.
       
       (c) Requires the caucus to indicate in the report if no
       reportable activity occurs.
       
       (d) Requires a caucus to file with the Texas Ethics
       Commission (commission) two reports for each year.
       
       (e) Requires the first report to be filed by July 15. 
       Provides that the report covers the period between January
       1 or the day the caucus is organized and June 30.
       
       (f) Requires the second report to be filed by January 15. 
       Provides that the report covers the period between July 1 or
       the day the caucus is organized and December 31.
       
       (g) Requires a caucus to maintain a record of all reportable
       activity and preserve the record for at least two years
       beginning on the filing deadline for the report containing
       the information in the record.
       
       (h) Defines "legislative caucus."
SECTION 3. Amends Section 254.036, Election Code, by adding
Subsection (d), to require the commission to prescribe the forms
for purposes of caucus reports under Section 254.0311 that are
separate and distinct from other reports.

SECTION 4. Amends Chapter 251A, Election Code, by adding Section
251.009, as follows:

     Sec. 251.009.  LEGISLATIVE CAUCUS CONTRIBUTION OR EXPENDITURE
     NOT CONSIDERED TO BE OFFICEHOLDER CONTRIBUTION OR EXPENDITURE. 
     Provides that a contribution to or expenditure by a caucus is
     not considered to be an officeholder contribution or
     expenditure for purposes of this title.
SECTION 5. Emergency clause.
           Effective date: upon passage.