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.