BILL ANALYSIS



C.S.S.B. 452
By: Rosson (Hochberg)
05-19-95
Committee Report (Substituted)


BACKGROUND

Many feel that the current ethics laws need some clarifying
changes.  A committee was formed by the Ethics Commission to make
recommendations to the legislature.  This bill contains these
recommendations.

PURPOSE

CSSB 452 clears up problems that the Ethics Commission has
encountered in its duties.
 
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 Subsections (f), (g), and (k), Section 305.005,
Government Code, as follows:

     (f) Strikes bill number and legislative administrative
     administration language.
     (g) Provides for someone can report $0 if no compensation or
     reimbursement is received.
     (k) adds exceptions to registrant filing an amendment
     statement.

SECTION 2.  Amends Subsections (b) and (d), Section 305.006,
Government Code to say that the reports of expenditures made for
lobbying have to be directly attributable to a member of the
legislative or executive branch or the immediate family of a member
of the legislative or executive branch.  Also exempts those matters
not reported under Section 305.005 from the report.

SECTION 3.  Amends Subsections (a) and (d), Section 305.0062,
Government Code, to make a conforming change.

SECTION 4.  Amends Section 305.025, Government Code, to add
seminars, and educational programs to the list of necessary
expenditures.  Also adds incidental expenditure for transportation
as determined by commission rule.

SECTION 5.  Amends Subsection (a), Section 305.031, Government Code
to add Section 305.0011 as the exception to a person committing an
offense if a person intentionally or knowingly violates a provision
of this chapter.

SECTION 6.  Amends Subchapter C, Chapter 571, Government Code, to
add Sec. 571.077 which provides that  statements, registrations, or
reports are considered to be under oath by the person filing
regardless of defect in the affidavit of signature.  A person
required to file the statement, registration, or report is subject
to prosecution under Chapter 37, Penal Code, regardless of the
absence of or defect in the affidavit.

SECTION 7.  Amends Subsections (a) and (e), Section 253.032,
Election Code to provide that an officer of an out of state
committee may certify the committee's statement.

SECTION 8.  Amends Subchapter B, Chapter 253, Election Code, to add
Section 253.0351 to provide that a candidate or officeholder who
makes political expenditures from his person funds may report the
amount expended as a loan and may reimburse his personal funds from
political contributions in the amount of the reported loan.

SECTION 9.  Amends Section 253.035(h) to make a conforming change.
 
SECTION 10.  Amends Subsections (b), (g), and (h) of Section 11,
Article 42.18, Code of Criminal Procedure to provide that a person
who represents an inmate for compensation must register with the
pardons and paroles division, not the Ethics Commission.

SECTION 11.  Repealers.

SECTION 12.  Effective date: September 1, 1995 except for Section
10 and Subdivision (2), Section 11 which take effect January 1,
1996.

SECTION 13.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds Sections 8 and 9.

SUMMARY OF COMMITTEE ACTION

SB 452 was considered by the Committee on State Affairs in a public
hearing on April 24, 1995.  The Chair laid out SB 452.  The Chair
left SB 452 pending.  SB 452 was considered by the Committee on
State Affairs in a formal meeting on May 16, 1995.  The committee
considered a complete substitute for the bill.  The substitute 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: 10 ayes; 0 nays; 0 pnv; and 5
absent.