IMF H.B. 3207 75(R)BILL ANALYSIS STATE AFFAIRS H.B. 3207 By: Wolens 4-11-97 Committee Report (Unamended) BACKGROUND Pursuant to Sec. 571.073, Government code, the Texas Ethics Commission is required to submit a report to the governor and legislature by December 31 of each even-numbered year. The report contains advisory opinions issued by the commission in the preceding two years, and commission recommendations for statutory changes. Part of the last report included a recommendation that the legislature codify an Ethics Commission opinion regarding conflicting Election Code provisions on fundraising by state judges during legislative sessions. PURPOSE As proposed, H.B. 3207 would correct technical errors in the Election Code and the Government Code, and codify a commission opinion regarding conflicting provisions of the Election Code pertaining to fundraising by state judges. 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. Amens Sec. 251.004, Election Code, to provide that venue to recover delinquent civil penalties assessed by the commission under the campaign finance law is in Travis County. SECTION 2. Amends Sec. 252.0032, Election Code, to require a candidate's campaign treasurer appointment to include the candidate's telephone number. SECTION 3. Amends Sec. 253.034, Election Code, to provide that the moratorium on making and accepting political contributions immediately before and during a regular legislative session does not apply to a justice of the supreme court or the court of criminal appeals. SECTION 4. Amends Sec. 253.0341(e), Election Code, to clarify the definition of "legislative caucus" by specifying that the term includes an entity established by or for the caucus to conduct research, education, or any other caucus activity. SECTION 5. Amends Sec. 255.006, Election Code, to clarify the provision making it an offense to knowingly represent in political advertising or a campaign communication that a candidate holds a public office the candidate does not hold when the representation is made. SECTION 6. Amends Sec. 255.007(a), Election Code, to make a technical change regarding an incorrect citation in the law requiring the right-of-way notice to be included on political advertising designed to be seen from the road. SECTION 7. Amends Sec. 305.005(f), Government Code, to require a lobbyist's registration to include the subject matter of legislation on which he or she lobbies. SECTION 8. Amends Sec. 572.027(b), Government Code, to clarify language relating to the filing deadline for certain candidates required to file personal financial statements with the commission. SECTION 9. Amends Sec. 2002.011 and Sec. 2002.012, Government Code, to correct references in the Texas Register to the old State Ethics Advisory Commission. SECTION 10. Provides a transition provision to clarify the penal application of the law. SECTION 11. Effective date: September 1, 1997. SECTION 12. Emergency clause.