BILL ANALYSIS



C.S.H.B. 483
By: Denny
April 18, 1995
Committee Report (Substituted)


BACKGROUND

     Under current law it is difficult to trace where contributions
given to judicial candidates by a political party originate.  This
allows contributors to remain anonymous by allowing them to make
contributions to a political party and then designating that the
contribution be given to the judicial candidate of their choice.

PURPOSE

     As proposed, CSHB 483 would require the state chairman of each
political party that had nominees on the general election ballot
file with the commission a sworn statement stating that they have
not contributed to a candidate money that was designated by a
contributor to be used for a particular candidate.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 253.001, Election Code, CONTRIBUTION OR
EXPENDITURE    IN ANOTHER'S NAME PROHIBITED.

     (a) to require a contributor to notify the recipient of the
contribution and to give the  contributor's name and address for
disclosure purposes;

     (b) to require a person making a political expenditure on the
behalf of or in the name of   a candidate to disclose in writing
that expenditure to the person on whose behalf the     expenditure
is made; and

     (c) renumbers this section providing the criminal penalty.

SECTION 2. Amends Chapter 257, Election Code, by adding Section
257.008 to require the   state and county party chair of each
political party that had nominees on the general  election ballot
file with the commission a sworn statement that includes their
name, title,   county, and name of political party, and an
acknowledgement that any political      contribution made to a
candidate for judicial office was not designated for a particular     candidate by the person making the contribution to the party.

SECTION 3. Effective date.

SECTION 4. Transition clause relating to the effective date of
offenses committed under      Section 253.001 of the Election Code.

SECTION 5. Transition clause relating to the applicability of
Section 257.008, Election Code.

SECTION 6. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

     The substitute to HB 483 adds SECTION 1 to the original bill. 
SECTION 1 changes the language of the Election Code to clarify the
law regarding political contributions and expenditures by political
parties.  The substitute the HB 483 also adds SECTION 4 which is a
transition clause that makes offenses under this bill only
applicable to offenses committed after the effective date of this
bill.

SUMMARY OF COMMITTEE ACTION

HB 483 was considered by the Committee on Elections in a public
hearing on March 1, 1995.

For purposes of testimony, the Committee considered the following
related bills together: HB 262 (Madden), HB 483 (Denny), HB 926
(Duncan), and HB 1110 (Greenberg).

The following persons testified in favor of HB 483:
     Justice Craig Enoch of the Texas Supreme Court; and
     Justice Tom Phillips of the Texas Supreme Court.

The following person testified neutrally on HB 483:
     Ed Martin representing the Texas Democratic Party; and
     Steve McDonald representing the Texas Democratic Party.

The bill was referred to the Subcommittee on Judicial Finance
Reform; a Subcommittee consisting of Representatives Madden
(Chair), Danburg, Denny, Munoz, Crabb, Jones, and Ehrhardt.

HB 483 was considered by the Committee on Elections, Subcommittee
on Judicial Finance Reform, in a work session on March 15, 1995.

HB 483 was considered by the Committee on Election, Subcommittee on
Judicial Finance Reform, in a public hearing on March 29, 1995.

HB 483 was left pending.

After being recalled from subcommittee, the bill was considered by
the committee in a public hearing on March 29, 1995.

The Committee considered 1 amendment to the bill.  The amendment
was adopted as Committee amendment number one to HB 483 without
objection.

The following person testified in favor of HB 483 as amended:
     Steve McDonald representing the Texas Democratic Party.

The bill was reported favorably as amended with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars, by a record vote of 7 AYES, 0 NAYS, 1
PNV, 1 ABSENT.

On April 5, 1995, in a public hearing, the vote by which 483 was
reported favorably as amended with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars was reconsidered without objection.

The Committee considered a complete substitute for the bill.

The substitute to HB 483 was adopted without objection.

The bill was reported favorably as substituted with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
AYES, 0 NAYS, 0 PNV, 3 ABSENT.