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.