MAD H.B. 464 75(R)    BILL ANALYSIS


ELECTIONS
H.B. 464
By: Zbranek
5-9-97
Committee Report (Unamended)



BACKGROUND 

Inconsistencies in Section 255.001 of the Election Code allow any group or
individual to disseminate materials without a disclaimer, so long as the
material is printed on machines owned by the group or individual and is
not contracted to be printed by a printing company.  Due to these
inconsistencies, organizations or individuals can print uncredited or
anonymous materials that are libelous without any accountability.  Changes
are needed to restore accountability to this portion of the Election Code. 

PURPOSE

This proposes to change the Election Code to require that relevant
political advertisements have a disclaimer included on all printed
material or announced in the text of a broadcast advertisement. 

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 Sec. 255.001(a), Election Code, as follows:  

 Page one, line seven, inserts the following language after  the word
"knowingly", "print, publish, or broadcast political advertising or". 

 Page one, line 12, adds new Sec. 255.001(a)(2)(A) and (B) which reads, ":
(A) the individual who personally printed, published, or broadcasted the
advertising or the person that individual represents; or (B) if a contract
or other agreement was entered into,". 

 Page one, line 21, adds new Sec. 255.001(a)(3)(A) and (B) which reads, ":
(A)  the individual who personally printed or published the advertising or
the person that individual represents; or (B) if a contract or other
agreement was entered into," 

 Page two, line three, inserts the words "contract or" before the word
"agreement" in new Sec. 255.001(a)(3)(B). 

SECTION 2.  Sets the effective date and states that the law is not
retroactive. 

SECTION 3.  Emergency Clause.