HBA-RBT H.B. 2611 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2611 By: Greenberg Elections 3/29/1999 Introduced BACKGROUND AND PURPOSE H.B. 2611 will require candidates and officeholders to file reports with the Ethics Commission electronically rather than on paper. Currently, paper reports may be filed with the Ethics Commission. Interested parties may only access the reports by traveling to the Ethics Commission office in Austin. H.B. 2611 will require the Ethics Commission to post electronically filed reports on the Internet, thereby making them accessible to all interested parties without unusual expense. This bill does provide exemptions from the requirement to file electronically when the candidate or officeholder does not receive or spend more than $20,000 and when they do not use a computer to maintain their list of contributions and expenditures. 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 Section 254.036, Election Code, as follows: Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS. (a) Provides that each report filed under this chapter with an authority other then the commission must be on a form prescribed by the Texas Ethics Commission (commission). (b) Provides that each report filed under this chapter with the commission must be filed by computer diskette, modem, or other means of electronic transfer, using computer software provided by the commission or computer software that meets commission specifications for a standard file format. (c) Authorizes that a written or printed report be filed under this chapter with an authority other than the commission by a candidate or officeholder, or political committee that does not accept political contributions or make political expenditures that exceed the limit imposed by Subsection (d) or (e) or by a candidate, officeholder, or political committee that does not use computer equipment to keep records, and file an affidavit with each report filed. Makes conforming and nonsubstantive changes. (d) Sets forth the circumstances in which a candidate or political committee that is required to file reports with the commission may file reports that comply with Subsection (a) if the candidate or committee does not intend to accept political contributions that in the aggregate exceed $20,000 or to make political expenditures that in the aggregate exceed $20,000 in connection with the election. Excludes the filing fee from the allowable expenditure. Requires a candidate or politidcal committeethat exceeds the limit to file the report as required by Subsection(b). Provides that a declaration of intent to file reports under this subsection must be filed. Sets forth the required contents of the declaration of intent. (e) Sets forth the circumstances in which an officeholder or specific-purpose committee for assisting an officeholder that is required to file reports with the commission may file reports that comply with Subsection (a) if the officeholder or committee does not intend to accept political contribution that in the aggregate exceed $20,000 or to make political expenditures that in the aggregate exceed $20,000 in connection with the election. Excludes the filing fee from the allowable expenditure. Requires an officeholder or specific-purpose committee that exceeds the limit to file the report as required by Subsection(b). Provides that a declaration of intent to file reports under this subsection must be filed. Sets forth the required contents of the declaration of intent. (f) Provides that specified candidates or specific-purpose committees for supporting or opposing specified candidate or a measure may file reports that comply with Subsection (a). (g) Authorizes an individual required to file a report with the commission in connection with specified direct campaign expenditures to file a report that complies with Subsection (a). (h) Provides that a report filed under this chapter is considered to be under oath by the person required to file the report, and the person is subject to prosecution regardless of the absence or a defect in the affidavit. (i) Redesignated from Subsection (c). (j) Redesignated from Subsection (d). (k) Redesignated from Subjection (g). SECTION 2. Amends Subchapter B, Chapter 254, Election Code, by adding Section 254.0401, as follows: Sec. 254.0401. AVAILABILITY OF REPORTS ON INTERNET. Requires the commission to make each report filed with the commission under this chapter available to the public on the Internet within a reasonable time after the report is filed. Provides that this access to reports is in addition to the public's access to the information through other means. Requires the commission to remove the address of each person listed as having made a political contribution before placing the report on the Internet. SECTION 3. Effective date: September 1, 1999. SECTION 4. Makes application of this Act prospective to January 1, 2000. Requires the commission to make reports filed with the commission beginning January 1, 2000, available to the public on the Internet by February 1, 2000. SECTION 5. Emergency clause..