SRC-MAX S.B. 1686 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1686
By: Ellis
State Affairs
4-28-97
As Filed


DIGEST 

Currently, campaign spending is a volatile issue in Texas.  This bill
contains comprehensive reforms for both individuals and PAC contributions
while also proposing voluntary campaign expenditure and contributions
limits for state legislative races.  

PURPOSE

As proposed, S.B. 1686 sets forth provisions for the regulation of certain
political contributions, political expenditures, and political advertising
and provides certain penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Ethics Commission in SECTIONS
1 and 14 (Sections 253.221(b) and 255.009(e), Election Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 253, Election Code, by adding Subchapter G, as
follows: 

SUBCHAPTER G.  LEGISLATIVE FAIR CAMPAIGN SPENDING ACT

Sec.  253.201.  APPLICABILITY OF SUBCHAPTER.  Provides that this
subchapter applies only to a political contribution or political
expenditure in connection with the office of state senator or state
representative.   

Sec.  253.202.  DEFINITIONS.  Defines "complying candidate," "in
connection with an election," "noncomplying candidate," and "principal
campaign committee." 

Sec.  253.203.  PRINCIPAL CAMPAIGN COMMITTEE.  Requires a legislative
candidate or officeholder to designate in writing a specific-purpose
committee to serve as the person's principal campaign committee.  Requires
a designation under Subsection (a) to be made by a certain date and filed
with the Texas Ethics Commission (commission).  Requires the name of a
principal campaign committee to include the candidate's or officeholder's
name. Prohibits a legislative candidate or officeholder from having more
than one principal campaign committee at a time. Prohibits a person who is
both a candidate and an officeholder from having more than one principal
campaign committee.  Provides that a candidate who becomes an officeholder
is not required to designate a new principal campaign committee.  Provides
that a prohibition or restriction imposed by this title on a candidate or
officeholder applies to the principal campaign committee of a legislative
candidate or officeholder.  Prohibits a person from establishing a
specific-purpose committee for supporting or opposing a legislative
candidate or assisting a legislative officeholder.   

Sec.  253.204.  LIABILITY OF CANDIDATE FOR ACT OR OMISSION OF PRINCIPAL
CAMPAIGN COMMITTEE. Provides that a legislative candidate or officeholder
is criminally liable for an act or omission by the person's principal
campaign committee in connection with a requirement or prohibition
prescribed by this title only under certain conditions.  Provides that a
legislative candidate or officeholder is civilly liable for an act or
omission by the person's principal campaign committee in connection with a
requirement or  prohibition prescribed by this title only under certain
conditions.                               

Sec.  253.205. ACCEPTANCE OF POLITICAL CONTRIBUTION BY CANDIDATE OR
OFFICEHOLDER.  Provides that a person commits a Class A misdemeanor if a
person violates this section.  Prohibits a legislative candidate or
officeholder from knowingly accepting a political contribution in
connection with the person's own candidacy or office. Authorizes a
legislative candidate or officeholder to accept a political contribution
on behalf of the person's principal campaign committee unless the
committee itself would be prohibited from accepting the contribution.

Sec.  253.206.  CONTRIBUTION LIMITS.  Provides that a person commits a
Class A misdemeanor if a person violates this section.  Prohibits a person
other than a generalpurpose committee from knowingly making or authorizing
political contributions to the principal campaign committee of a
legislative candidate or officeholder that, in connection with each
election in which the candidate or officeholder is involved, the aggregate
exceeds a certain amount for state senator and or state representative.
Prohibits a person from knowingly accepting a political contribution and
is required to refuse a political contribution that is received, in
violation of Subsection (a). 

Sec.  253.207.  AGGREGATE CONTRIBUTION LIMIT FOR CERTAIN FAMILY GROUPS.
Prohibits a certain group from knowingly making or authorizing political
contributions to the principal campaign committee of a legislative
candidate or officeholder that, in connection with each election in which
the candidate or officeholder is involved, the aggregate exceeds a certain
amount for state senator or state representative.  Prohibits a person
from knowingly accepting a political contribution and is required to
refuse a political contribution that is received, in violation of
Subsection (a).  Defines "child." Provides that a person commits a Class A
misdemeanor if a person violates this section. 

Sec. 253.208. AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND EXPENDITURES BY
GENERAL-PURPOSE COMMITTEE.   Prohibits the principal campaign committee of
a legislative candidate or officeholder from knowingly accepting a
political contribution from a general-purpose committee that, when
aggregated with each other political contribution from a general-purpose
committee in connection with an election exceeds a certain amount.
Provides the conditions under which a  political expenditure by a
general-purpose committee for the purpose of supporting a candidate, for
opposing a candidate's opponent, or for assisting the candidate as an
officeholder is considered to be a political contribution to the principal
campaign committee of the candidate whom the expenditure benefits.
Provides that Subsection (b) applies only to a certain type of political
expenditure and does not apply to a political expenditure by the principal
political committee of the state executive committee or a county executive
committee of a political party. Requires an affidavit under Subsection (b)
to be filed with the report under Chapter 254, Election Code,  in which
the political expenditure is required to be reported. Provides that a
person commits a Class A misdemeanor if the person violates this section. 

Sec.  253.209.  RETURN OF EXCESS CONTRIBUTION.  Requires a principal
campaign committee that receives a political contribution the acceptance
of which would violate Section 253.206, 253.207, or 253.208, Election
Code, to return the contribution to the contributor by a certain date.
Provides that a political contribution that is not returned as required by
this section is considered to be accepted. 

Sec. 253.210. NOTICE REQUIRED FOR CERTAIN DIRECT CAMPAIGN EXPENDITURES.
Sets forth provisions for direct campaigning expenditures relating to
certain  notification procedures including making and filing of
declarations.   

Sec.  253.211.  VOLUNTARY COMPLIANCE.  Requires a person who becomes a
candidate for public office to file with the commission certain documents.
Prohibits a legislative candidate or the principal campaign committee of a
legislative candidate from knowingly accepting a campaign contribution or
making or authorizing a campaign expenditure before the candidate files a
declaration under Subsection (a). 
 
Sec.  253.212.  EFFECT OF NONCOMPLYING CANDIDATE.  Provides that a
complying candidate or the principal campaign committee of a complying
candidate is not required to comply with the limits on political
contributions and political expenditures prescribed by this subchapter and
the limit on the reimbursement of personal funds prescribed by Section
253.042 if another person becomes a candidate for the same office and
performs certain functions.  Requires the executive director to issue an
order suspending the limits on political contributors, political
expenditures, and reimbursement of personal funds for a specific office
not later than a certain date under certain conditions.   

Sec.  253.213.  BENEFITS TO COMPLYING CANDIDATE.  Provides that a
complying candidate and the principal campaign committee of a complying
candidate are entitled to certain provisions under certain conditions.
Provides that a noncomplying candidate and the principal campaign
committee of a noncomplying candidate are not entitled to the benefits
provided by this section.   

Sec.  253.214.  PERSONAL EXPENDITURE LIMITS.  Prohibits a complying
candidate from knowingly making or authorizing, from the candidate's
personal funds or other assets, political expenditures in connection with
the candidate's candidacy that, in connection with each election in which
the candidate is involved, in the aggregate exceeds a certain amount for a
state senator or state representative.  Provides that the use of a
person's personal funds or other assets as collateral for a loan is
considered to be a political expenditure. Provides that a person commits a
Class A misdemeanor if the person violates this section. 

Sec.  253.215.  AGGREGATE EXPENDITURE LIMITS.  Prohibits the principal
campaign committee of a complying candidate from knowingly making or
authorizing political expenditures that in the aggregate exceed a certain
amount.  Provide that this section applies to all political expenditures
with exceptions.   Provides that the expenditure limits prescribed by this
section for an election other than a special election or runoff special
election apply during a certain period.  Provides that a political
expenditure made by a complying candidate from the candidate's personal
funds or other assets is considered to be a political expenditure by the
candidate's principal campaign committee.   Provides that a person commits
a Class A misdemeanor if  the person violates this section.               

Sec.  253.216.  CONTRIBUTION FROM OR DIRECT CAMPAIGN EXPENDITURE BY
POLITICAL PARTY.  Prohibits the principal political committee of the state
executive committee of political party from performing certain functions
under certain conditions.  Sets forth a certain formula for calculating
the amount of certain direct campaign expenditures made under this
section.  Provides that certain political contributions made by a county
executive committee of a political party is considered to be a political
expenditure by the candidate's principal campaign committee for the
purposes of the expenditure limits prescribed by Section 253.215, Election
Code.  Provides that Subsections (a) and (c) do not apply to a political
expenditure for certain campaign-related activities.   

Sec.  253.217.  CONTRIBUTION BY NATIONAL COMMITTEE OF POLITICAL PARTY
CONSIDERED EXPENDITURE BY CANDIDATE'S COMMITTEE.  Provides that a
political contribution by the national committee of a political party as
defined by 2 U.S.C. Section 431, to the principal campaign committee of a
complying candidate that is made from money that is not accepted in
compliance with Subchapter I, Chapter 14, Title 2, U.S.C., is considered
to be a political expenditure by the candidate's principal campaign
committee. 

Sec.  253.218.  CERTAIN IN-KIND CONTRIBUTIONS CONSIDERED EXPENDITURE BY
CANDIDATE'S COMMITTEE.  Provides that an in-kind political contribution is
considered to be a political expenditure by the principal campaign
committee of a complying candidate if it is made in a certain manner.
Defines "in-kind political contribution."   

Sec.  253.219.  EFFECT OF CERTAIN DIRECT CAMPAIGN EXPENDITURES.  Requires
the executive director of the commission to issue an order increasing, by
an amount equal  to the amount of the expenditure, the expenditure limits
for the principal campaign committee of each complying candidate who
opposes the candidate whom the expenditure benefits under certain
conditions.  Requires the executive director to issue the order  not later
than a certain date.  Provides that a direct campaign expenditure that
opposes a candidate is considered to benefit each candidate for the office
other than the opposed candidate. 

Sec.  253.220.  LEGISLATIVE FAIR CAMPAIGN SPENDING FUND.  Provides that
the legislative fair campaign fund is a special account in the general
revenue fund.  Sets forth the contents of the legislative fair campaign
spending fund.  Authorizes the legislative fair campaign spending fund to
be used only for certain purposes.  Requires the fund to be permitted to
accumulate until the balance is sufficient to permit the publication of a
voter's guide as provided by Section 253.221, Election Code.  Authorizes
the commission, the secretary of state, and the comptroller to use the
money in the legislative fair campaign fund for certain purposes relating
to the education of voters about this subchapter.  Authorizes the
commission to accept gifts and grants for the purposes described by
Subsections(c) (1), (d), and (e).  Requires funds received under this
subsection to be deposited to the credit of the legislative fair campaign
spending fund.  Provides that the legislative fair campaign spending fund
is exempt from Section 403.095, Government Code. 

Sec.  253.221.  VOTER'S GUIDE.  Requires the commission to publish a
voter's guide listing candidates, their backgrounds, and similar
information.  Requires the commission to adopt rules under which a
candidate must provide information to the commission for inclusion in the
voter's guide.  Prohibits the rules from restricting the content of a
candidate's information by any means other than prescribing a maximum
length.  Requires the voter's guide to indicate whether each candidate is
a complying candidate or noncomplying candidate, based on declarations
filed under Section 253.211, Election Code, or determinations by the
executive director under Section 253.212, Election Code.  Sets forth the
procedure for listing a noncomplying candidate in the voter's guide.
Requires the commission to perform certain functions with respect to the
voter's guide by a certain date. Defines "Internet."            

SECTION 2. Amends Section 251.005, Election Code, by amending Subsection
(a) and adding Subsection (d), to provide that an out-of-state committee
that is the national committee of a political party, as defined by 2
U.S.C.  Section 431, that makes political contributions described by
Section 253.217, Election Code, is subject to this title to the same
extent as a political committee that is not an out-of-state committee.   

SECTION 3. Amends Section 253.003(c), Election Code, to provide that this
section does not apply to a political expenditure made or accepted in
violation of  Section 253.040 or 253.211, Election Code.  Makes a
conforming change.  

SECTION 4. Amends Section 253.004(b), Election Code, to provide that this
section does not apply to a political expenditure made or authorized in
violation of Section 253.210 or 253.211, Election Code.  Makes a
conforming change.  

SECTION 5. Amends Chapter 253B, Election Code, by adding Section 253.040
as follows: 

Sec.  253.040.  CERTAIN CONTRIBUTIONS BY CERTAIN FORMER OFFICEHOLDERS
PROHIBITED.  Prohibits a former officeholder who is required to register
as a lobbyist under Chapter 305, Government Code, from using a political
contribution accepted while the person was a candidate or officeholder
from making a political contribution to a person other than the political
party with which the person was affiliated or aligned when the person's
name last appeared on the ballot.  

SECTION 6. Amends Section 253.042(a), Election Code, to make standard
inclusive language changes.  Prohibits certain expenditures under this
section in the aggregate from exceeding an amount for each election in
which the person's name appears on the ballot and in which the person has
an opponent whose name appears on the ballot for a state senator or state
representative.   

 SECTION 7. Amends Section 253.134, Election Code, to authorize the
commission to contract with a nongovernmental entity to collect a civil
penalty imposed under Section 571.173, Government Code, for a violation of
this chapter that is not paid before the 120th day after the date it is
imposed. 

SECTION 8. Amends Section 254.034, Election Code, by adding Subsection
(f), to provide that this section applies to a political contribution
covered by Chapter 253G, Election Code, except as provided by Section
253.209, Election Code. 

SECTION 9. Amends Chapter 254C, Election Code, by adding Section 254.0612,
as follows: 

Sec. 254.0612. REPORTS BY PRINCIPAL CAMPAIGN COMMITTEE OF LEGISLATIVE
CANDIDATE;  ADDITIONAL CONTENTS.  Requires the principal campaign
committee of a candidate for state senator or state representative to
comply with this chapter as if the committee were a candidate.  Requires
each report by the principal campaign committee of a candidate for state
senator or state representative to include certain information.  Defines
"principal campaign committee." 

SECTION 10. Amends Chapter 254D, Election Code, by adding Section
254.0912, as follows: 

Sec. 254.0912. REPORTS BY PRINCIPAL CAMPAIGN COMMITTEE OF LEGISLATIVE
OFFICEHOLDER; ADDITIONAL CONTENTS.  Requires the principal campaign
committee of a state senator or state representative to comply with this
chapter as if the committee were an officeholder.  Requires each report by
the principal campaign committee of a state senator or state
representative to include the contents prescribed by Section 254.0612,
Election Code.  Defines "principal campaign committee." 

SECTION 11. Amends Chapter 254F, Election Code, by adding Section
254.1511, as follows: 

Sec.  254.1511.  REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF POLITICAL
PARTY;  ADDITIONAL CONTENTS.  Requires each report by the principal
political committee of the state executive committee of a political party
to list the political contributions and political expenditures made in
connection with each candidate or officeholder on a separate schedule.
Requires each report by the principal political committee of the state
executive committee of a political party to include, for each candidate
for or holder of the office of state senator or state representative for
whose benefit the committee makes a political contribution or political
expenditure in the calendar, certain information.  Defines "principal
campaign committee." 

SECTION 12. Amends Section 254.203(a), Election Code, to prohibit a person
from retaining certain political contributions covered by this title for
more than six years after the date the person ceases to be an officeholder
or the date the person ceases to be a candidate, rather than ceases to be
an officeholder or files a final report under this chapter, whichever is
later. 

SECTION 13. Amends Section 254.204(a), Election Code, to require the
former officeholder or candidate to remit any unexpended political
contributions to the political party with which the person was affiliated
or aligned when the person's name last appeared on a ballot or the
commission for deposit in the legislative fair campaign spending fund
under Section 253.220, Election Code.  Makes nonsubstantive changes.   

SECTION 14. Amends Chapter 255, Election Code, as follows:  

Sec.  255.009.  DISCLOSURE ON POLITICAL ADVERTISING FOR LEGISLATIVE
OFFICE.   Provides that this section applies only to the principal
campaign  committee of a candidate covered by Chapter 253G, Election Code.
Authorizes political advertising by the principal campaign committee of a
complying candidate to include a certain statement. Requires political
advertising by the principal campaign committee of a complying candidate
that does not contain the statement prescribed by Subsection (b) to comply
with Section 255.001, Election Code.  Requires political advertising by
the principal campaign committee of a noncomplying candidate to include a
certain statement.  Requires the commission to  adopt certain rules
relating to the disclosure statement.  Defines "complying candidate,"
"noncomplying candidate, and "principal campaign committee."  Provides
that a person who violates this section is liable for a civil penalty not
to exceed three times the cost of the political advertising that violates
this section. Provides that a person commits a Class A misdemeanor if a
person violates a rule adopted under this chapter. 

Sec.  255.010.  RESTRICTION ON CERTAIN TELEPHONE ADVERTISING AND POLLING.
Provides that a person commits a Class B misdemeanor if the person
violates this section.  Requires a person to file with the commission the
script that will be used in conducting the advertising campaign or poll by
a certain date.  Prohibits the commission from taking any action in
connection with a script filed under this subsection other than making the
script available to the public on request.  Provides that this section
applies only to a telephone advertising campaign or poll conducted by a
person, including certain new organizations.    
 
SECTION 15. Amends Chapter 151H, Tax Code, by adding Section 151.354, as
follows: 

Sec.  151.354.  CERTAIN LEGISLATIVE CANDIDATES AND COMMITTEES.  Provides
that certain taxable items used by a complying candidate for state senator
or state representative or the principal campaign committee of a complying
candidate is exempted from the taxes imposed by this chapter under certain
conditions.  Defines "complying candidate" and "principal campaign
committee." 

SECTION 16. Repealer:  Section 253.042(g), Election Code (Restrictions on
Reimbursement of Personal Funds and Payment on Certain Loans). 

SECTION 17.  Provides that the provisions of this Act are not severable
and none would have been enacted without the others.  Provides that if any
provision of this Act is held invalid, each provision is invalid.   

SECTION 18. (a)  Effective date:  September 1, 1997, except as provided by
Subsection (h) of this section.   

(b)  Requires each candidate for or holder of the office of state senator
or state representative to file with the Texas Ethics Commission a
designation of the person's principal campaign committee as required by
Section 253.203, Election Code, not later than September 15, 1997. 

(c) through (f) Makes application of this Act prospective.  

(g)  Requires a former officeholder or candidate before September 1, 1991,
who has not filed a final report under Chapter 254, Election Code, before
September 1, 1997, to dispose of certain political contributions not later
than January 1, 1998, in compliance with Section 254.203, Election Code,
as amended by this Act.  Requires a former officeholder or candidate who
ceased to be an officeholder or candidate prospective to September 1, 1991
to dispose of certain political contributions in compliance with Section
254.203, Election Code, as amended by this Act, regardless of whether the
person has filed a final report under Chapter 254, Election Code.   

(h)  Effective date for Section 151.354, Tax Code:  October 1, 1997.
Makes application of Section 151.354 of this Act prospective. 

SECTION 19. Emergency clause.