HBA-RBT H.B. 1958 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1958
By: Danburg
Elections
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Election Code does not require candidates, officeholders or
political committees to list the aggregate amounts of money they receive
from individual contributors.  H.B. 1958 requires candidates,
officeholders, and political committees that receive political
contributions from another political committee to report each individual
who has contributed to the political committee an amount of money, that in
the aggregate, exceeds $5,000 in a 12-month period or that exceeds 5
percent of the total amount of political contributions accepted by the
committee that month 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 254, Election Code, by adding
Section 254.0612, as follows: 

Sec.  254.0612.  ADDITIONAL CONTENTS OF REPORTS BY CANDIDATES FILING WITH
COMMISSION.  (a) Provides that each report by a candidate who is required
to file reports with the Texas Ethics Commission (commission) must include,
for each political committee from which the candidate accepts a political
contribution and receives notice under Section 254.1281 or 254.1611, the
full name, address, principal occupation, and employer of each person who,
since the January 1 preceding the most recent general election for state
and county officers, has made political contributions to that committee
that in the aggregate exceed $5,000 in any 12-month period or political
contributions to that committee in a month that in the aggregate exceed
five percent of the total amount of political contributions accepted by the
committee during that month.  

(b) Provides that if a person making political contributions described by
Subsection (a) is a political committee, then the candidate's report must
include, if applicable, the information required by Subsection (a) as to
political contributions to that committee. 

(c) Requires the candidate to indicate in the report if the notice received
under Section 254.1281 or 254.1611 indicates that no person has made
political contributions described by Subsection (a) to the political
committee since the January 1 preceding the most recent general election
for state and county officers. 

SECTION 2.  Amends Subchapter D, Chapter 254, Election Code, by adding
Section 254.0912, as follows:   

Sec.  254.0912.  ADDITIONAL CONTENTS OF REPORTS BY OFFICEHOLDERS FILING
WITH COMMISSION.  Provides that each report filed by an officeholder who is
required to file reports with the commission must include, for each
political committee from which the officeholder accepts a political
contribution and receives notice under Section 254.1281 or 254.1611, the
full name, address, principal occupation, and employer of each person who,
since the January 1 preceding the most recent general election for state
and  county officers, has made political contributions to that committee
that in the aggregate exceed $5,000 in any 12-month period or political
contributions to that committee in a month that in the aggregate exceed
five percent of the total amount of political contributions accepted by the
committee during that month.  

(b) Provides that if a person making political contributions described by
Subsection (a) is a political committee, then the candidate's report must
include, if applicable, the information required by Subsection (a) as to
political contributions to that committee. 

(c) Requires the officeholder to indicate in the report if the notice
received under Section 254.1281 or 254.1611 indicates that no person has
made political contributions described by Subsection (a) to the political
committee since the January 1 preceding the most recent general election
for state and county officers. 

SECTION 3.  Amends Subchapter E, Chapter 254, Election Code, by adding
Section 254.1281, as follows: 

Section 254.1281.  NOTICE TO CERTAIN CANDIDATES AND OFFICEHOLDERS OF
CONTRIBUTIONS.  (a) Requires the committee campaign treasurer of a
specific-purpose committee which makes a political contribution to a
candidate or officeholder who is required to file reports with the
commission to deliver written notice to the affected candidate or
officeholder that includes the full name, address, principal occupation,
and employer of each person who, since the January 1 preceding the most
recent general election for state and county officers, has made political
contributions to that committee that in the aggregate exceed $5,000 in any
12-month period or political contributions to that committee in a month
that in the aggregate exceed five percent of the total amount of political
contributions accepted by the committee during that month. 

(b) Provides that notice must be delivered with the political contribution.

(c) Requires the campaign treasurer to indicate in the notice if no person
has made political contributions described by Subsection (a) to the
political committee since the January 1 preceding the most recent general
election for state and county officers. 

(d) Provides that the notice must include the full name and address of the
political committee and its campaign treasurer and an indication that the
committee is a specificpurpose committee. 

(e) Provides that a campaign treasurer commits a Class A misdemeanor if the
campaign treasurer fails to comply with this section. 

SECTION 4.  Amends Subchapter F, Chapter 254, Election Code, by adding
Section 254.1611, as follows: 

Sec.  254.1611.  NOTICE TO CERTAIN CANDIDATES AND OFFICEHOLDERS OF
CONTRIBUTIONS.  Requires the campaign treasurer of a general-purpose
committee other than the principal political committee of a political party
or a political committee established by a political party's county
executive committee to deliver written notice to the affected candidate or
officeholder as provided by Section 254.1281 for a specific-purpose
committee, if the committee makes a political contribution to a candidate
or officeholder who is required to file reports with the commission. 

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Emergency clause.