MAD H.B. 50 75(R)    BILL ANALYSIS


ELECTIONS
H.B. 50
By: Madden
4-1-97
Committee Report (Unamended)



BACKGROUND 

According to the provisions of S.B. 94 enacted during the 74th Regular
Session, there now exists a mechanism to regulate political contributions,
expenditures and advertising in connection with certain judicial
candidates and officeholders.  Guidelines now govern personal financial
statements filed by certain judicial officeholders, with attendant civil
and criminal penalties.   

PURPOSE

 H.B. 50 would codify certain Texas Ethics Commission Advisory Opinions in
the aftermath of S.B. 94 being enacted.  Additionally, this legislation
provides for further "clean up" of the Judicial Campaign Fairness Act
relative to technical issues. 

 Ethics Advisory Opinion No. 323 (May 10, 1996) states that when a
judicial candidate fails to file any declaration of intent at all, they
are to be treated as a non-complying candidate, and their complying
opponent can then be released from the restrictions which would otherwise
have been applicable.  H.B. 50 would statutorily implement this Ethics
Commission advisory opinion. 

 The original language in S.B. 94 stipulated a fund raising period of 120
days after the general election if the candidate is opposed or 120 days
after the primary if a candidate doesn't have an opponent in the general
election, but the instance of a primary runoff race wasn't addressed.
Ethics Advisory Opinion No. 335 (July 12, 1996) directs that for a
candidate in a primary runoff and unopposed in the November general
election, an identical 120 day window of opportunity for fund raising is
applicable.  Such would be implemented by H.B. 50. 

 S.B. 94 required excess contributions from persons affiliated with law
firms or donated by general purpose political committees to be returned by
a candidate, but no time limit for returning contributions from other
sources that exceeded the applicable limits were instituted. H.B. 50 would
impose the same requirements relative to the return of excess
contributions from individuals or other entities, unless specifically
exempted. 

 S.B. 94 characterizes lawyers in private practice and those affiliated
with any law firm together with any law firm-affiliated general-purpose
political committee as a "restricted class" of contributors.  The
restricted class of contributors, however, did not include the law firm
itself. H.B. 50 would designate a law firm as part of this restricted
class. 

 The treatment by S.B. 94 of contributions to a specific-purpose political
committee counting as a  contribution to a judicial candidate or
officeholder was intended to apply equally to expenditures by the same.
In order to permit that corollary to be applied, the exception granted
most expenditures by specific-purpose political committees in subsection
(b) of section 253.169 would need to be lifted.  H.B. 50 makes that
revision.         

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 253.152(4), Election Code, by inserting the
language necessary to designate any judicial candidate who fails to file a
declaration of compliance or intent under Sections 253.164(a)(1) or
253.164(a)(2), respectively, as a non-complying candidate. 

 SECTION 2:  Amends Section 253.153(a), Election Code, by inserting in
Subsection (2) the language necessary to insure that a primary runoff
candidate unopposed in the general election can engage in a 120 day fund
raising period subsequent to the runoff. 

 SECTION 3:  Amends Section 253.155, Election Code, by amending Subsection
(e) and adding Subsection (f) to require the return by a judicial
candidate or officeholder of a contribution to any individual contributor
if the donation exceeds the applicable limits. 

 SECTION 4:  Amends Section 253.157, Election Code, to signify inclusion
of a law firm among the restricted class of contributors which are
likewise treated in this section. 

 SECTION 5:  Amends Section 253.160(b), Election Code, to require the
return of any excess contribution by any entity or individual, except
where expressly exempted in this subsection, if the donation exceeds the
applicable limits. 

 SECTION 6:  Amends Section 253.165, Election Code, by inserting the
language necessary to guide others in their response to a judicial
candidate who fails to file a declaration of compliance or intent under
Sections 253.164(a)(1) or 253.164(a)(2), respectively. 

 SECTION 7:  Amends Section 253.169(b), Election Code, to eliminate the
exception which allowed most expenditures by a specific-purpose political
committee supporting a judicial candidate or officeholder to evade the
rule which would equate them with expenditures by the candidate or
officeholder. 

 SECTION 8:  Effective date clause with allowances made for coming into
compliance with the newly enacted statutes if prior ones were in effect at
the time. 

 SECTION 9:  Emergency clause.