SRC-TNM, HRD H.B. 3207 75(R)BILL ANALYSIS


Senate Research CenterH.B. 3207
By: Wolens (Armbrister)
State Affairs
5-16-97
Committee Report (Amended)


DIGEST 

Currently, 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.
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 fund raising by state
judges. 

PURPOSE

As proposed, H.B. 3207 outlines provisions and provides a civil penalty
regarding the regulation of political contributions and expenditures and
political advertising, the registration of lobbyists, personal financial
disclosure by certain holders of and candidates for public office,
restrictions on certain representation before a state agency by a member
of the legislature, and the publication of summaries of opinions of the
Texas Ethics Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 251.004, Election Code, as follows:

Sec. 251.004. New heading: VENUE. Provides that venue for the recovery of
delinquent civil penalties imposed by the Texas Ethics Commission under
this title is in Travis County. 

SECTION 2. Amends Section 252.0032, Election Code, to require a campaign
treasurer appointment by a candidate to include the candidate's telephone
number in addition to the information required by Section 252.002.
Provides that a campaign treasurer appointment that is filed in a certain
manner is not invalid because it fails to comply with Subsection (a)(2),
rather than Subsection (a).  Makes a conforming change. 

SECTION 3. Amends Section 253.034, Election Code, to provide that this
section does not apply to a political contribution made to or accepted by
a holder of an office to which Subchapter F applies.  Makes a conforming
change. 

SECTION 4. Amends Section 253.0341(e), Election Code, to redefine
"legislative caucus" to include an entity established by or for a
legislative caucus to conduct research, education, or any other caucus
activity. 

SECTION 5. Amends Section 254.036(b), Election Code, to set forth text to
be included in an affidavit required to be accompanied by each report
filed under this chapter. 

SECTION 6. Amends Section 254.036, Election Code, by adding Subsections
(e)-(g), to provide that a report filed under this chapter is considered
to be under oath by the person required to file the report regardless of
the absence of or defect in the affidavit of verification, including a
signature. Provides that a person required to file a report under this
chapter is subject to prosecution under  Chapter 37, Penal Code,
regardless of the absence of or defect in the affidavit of verification.
Provides that this section applies to a report that is filed
electronically or otherwise. 

SECTION 7. Amends Section 254.040, Election Code, as follows:

Sec. 254.040.  New heading:  PRESERVATION OF REPORTS; RECORD OF
INSPECTION.  Requires the commission, each time a person requests to
inspect a report, to place in the file a statement of the person's name
and address, whom the person represents, and the date of the request.
Requires the commission to retain that statement in the file for one year
after the date the requested report is filed.  Provides that this
subsection does not apply to a request to inspect a report by a member or
employee of the commission acting on official business, or an individual
acting on the individual's own behalf.   

SECTION 8. Amend Section 255.006, Election Code, to set forth instances in
which a person commits an offense.  Sets forth instances in which a person
represents that a candidates hold a public office the candidate does not
hold, for purposes of this section.  Makes conforming changes. 

SECTION 9. Amends Section 255.007, Election Code, to set forth a notice
required to be written on each political advertising sign.  Provides that
it is an exception to the application of Subsection (b) that the political
advertising sign was printed or made before the effective date of the
amendment to this section made by H.B. 3207, Acts of the 75th Legislature,
Regular Session, 1997, and complied with Subsection (a) as it existed
immediately before that date.  Makes a conforming change. 

SECTION 10. Amends Section 305.005(f), Government Code, to set forth
information the registration is required to contain. 

SECTION 11. Amends Section 572.027(b), Government Code, to provide that if
the deadline under which a candidate files an application for a place on
the ballot falls after, rather than not later than, the 35th day before,
rather than after, the date of, rather than on which, the election in
which the candidate is running, the candidate shall file the statement not
later than the 5th day before the date of that election. 

SECTION 12. Amends Section 572.030(c), Government Code, to require the
copies to be mailed not later than the 15th day after the applicable,
rather than filing, deadline for filing an application for a place on the
ballot or a declaration of write-in candidacy for candidates required to
file under Section 572.027(a), (b), or (c). 

SECTION 13. Amends Section 572.052(a), Government Code, to provide that a
member of the legislature may not, for compensation, represent another
person before a state agency in the executive branch of state government
unless the member discloses to the agency that the member is being
compensated for the representation. 

SECTION 14. Amends Sections 2002.011 and 2002.012, Government Code, as
follows: 

Sec. 2002.011. TEXAS REGISTER. Sets forth information to be contained in
the Texas register.   

Sec. 2002.012. SUMMARIES OF OPINIONS AND REQUESTS FOR OPINIONS. Requires
the Texas Ethics Commission, rather than the State Ethics Advisory
Commission, to prepare and forward to the secretary of state, certain
information. 

SECTION 15. Amends Chapter 159A, Local Government Code, as follows:

Sec. 159.001. New heading: APPLICABILITY OF SUBCHAPTER.  Provides that
this subchapter applies to a county with a population of 50,000, rather
than 500,000, or more. 

Sec. 159.002. DEFINITIONS. Redefines "county or district officer."

 Sec. 159.003. New heading: FINANCIAL STATEMENT REQUIRED. Redesignated
from existing Section 159.004.  Deletes text regarding determination of
substantial interest. Requires the statement to be filed with the county
clerk, rather than auditor, of the county in which the officer or
candidate resides; and to comply with Sections 572.022 and 572.023,
Government Code, rather than filed on the form provided by the county
auditor and verified. Deletes existing Sections 159.005-159.007, regarding
contents of financial statement, reporting categories, and determination
of dependent child. 

Sec. 159.004. New heading: FILING DATES; TIMELINESS OF FILING.
Redesignated from existing Section 159.008.  Sets forth requirements and
provisions and deletes text regarding filing dates and timeliness of
filing.  Deletes existing Section 159.009, regarding filing dates for
candidates.  Prohibits the county auditor or county clerk from granting an
extension to a candidate for office as a county or district officer,
rather than for a person required to file under this section. 

Sec. 159.005. PREPARATION OF FORMS.  Sets forth requirements and
provisions regarding the preparation of forms to be used for filing the
financial statement. 

Sec. 159.006. DUPLICATE STATEMENTS. Redesignated from existing Section
159.010. Outlines provisions regarding duplicate financial statements. 

Sec. 159.007. New heading: PUBLIC ACCESS TO STATEMENTS.  Redesignated from
existing Section 159.013.  Deletes text regarding the filing of a
financial statement.  Provides that Subsection (b) does not apply to a
request to see a financial statement by the county auditor or an employee
of the county auditor who is acting on official business or the county
clerk or an employee of the county clerk who is acting on official
business; in a county that does not have a county auditor.  Deletes
existing Sections 159.011 and 159.012 regarding timeliness of filing and
duties of the county auditor.  Makes conforming changes. 

Sec. 159.008. CRIMINAL PENALTY. Redesignated from existing Section
159.014. Provides that a county or district officer or candidate commits
an offense if the officer or candidate knowingly fails to file a statement
as required by this subchapter.  Makes conforming changes. 

Sec. 159.009. VENUE. Redesignated from existing Section 159.015.

Sec. 159.010. CIVIL PENALTY. Redesignated from existing section 159.016.
Sets forth persons a person who determines that a person required to file
a financial statement under this subchapter has failed to do so is
authorized to notify in writing.  Requires the county attorney, district
attorney, criminal district attorney, or local administrative judge,
rather than the county auditor, to determine whether the person to whom
the notice relates has failed to file a statement, rather than required to
be filed under this subchapter is late, on receipt of a written notice
under Subsection (a).  Requires the county auditor, district attorney,
criminal district attorney, or district judge, rather than auditor, to
mail by certified mail a notice of the determination to the person filing
the statement, rather than to the county attorney or the district or
criminal district attorney.  Provides that if the person filing the
statement fails to file the statement before the 30th day after the person
receives the notice under Subsection (b), the person is liable to the
county for an amount not to exceed $1,000, rather than $100. Authorizes
the commissioners court to appoint an attorney to collect the penalty if
the person filing the statement is the criminal district attorney.
Deletes text prohibiting to county attorney or the district or criminal
district attorney from initiating suit for the penalty until a certain
date.  Makes conforming changes. 

SECTION 16. Amends Section 159.033, Local Government Code, to authorize
the commissioners court of a county with a population of less than 125,000
to adopt, by order, a financial disclosure reporting system for the county
auditor.  Authorizes the commissioners court of a county with a population
of 125,000 or more to adopt, by order, a financial disclosure reporting
system. Authorizes the commissioners court to restrict the reporting
requirement to certain persons if reporting is required under Subsection
(b).    
 
SECTION 17. Amends Section 171.004, Local Government Code, by adding
Subsection (d), to provide that a local public official is not required to
file an affidavit under this section if the official has filed a financial
statement under Chapter 159, but the official shall refrain from
participation in the matter as provided by this section.   

SECTION 18. Repealer:  Section 159.031, Local Government Code (County
covered by subchapter). 

SECTION 19. Makes application of this Act prospective.

SECTION 20. Makes application Section 254.036, Election Code, as amended
by this Act, prospective. 

SECTION 21. Makes application of this Act prospective.

SECTION 22. Effective date: September 1, 1997.

SECTION 23. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 11, lines 19-21, strike Subdivision (2), and substitute with existing
Subsection (2). 

Page 23, lines 5 and 6, strike SECTION 17, and renumber subsequent
SECTIONS  of the bill appropriately. 

Page 23, line 7, strike "(a)".

Page 23, lines 15-20, strike all of Subsection (b).

Amendment 2.

Page 23, line 3, add new SECTION 16 and renumber proposed SECTIONS
appropriately. 

Amendment 3.

Page 5, line 2, add new SECTION 7 and renumber existing proposed SECTIONS
appropriately.