SRC-ARR S.B. 1517 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1517
76R4324 ESH-DBy: Brown
State Affairs
4/12/1999
As Filed


DIGEST 

Many times business, interest groups, and political associations create
certain organizations as a tool to help promote their interest in the
legislature. These organizations conduct political surveys and distribute
literature promoting the results of their surveys as reasons to support
their interests. Legislators cannot decipher through the distributed
literature who the interested group represents, or gauge whether the
submitted information is unbiased. S.B. 1516 would require the registration
of persons providing results of certain political surveys to the
legislature and would provide civil and criminal penalties. 

PURPOSE

As proposed, S.B. 1517 requires the registration of persons providing
results of certain political surveys to the legislature and provides civil
and criminal penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Ethics Commission in SECTION 1
(Section 305.057, Chapter 305D, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 305, Government Code, by adding Subchapter D, as
follows:  

SUBCHAPTER D. REGISTRATION OF PERSONS PROVIDING RESULTS 

OF POLITICAL SURVEYS

 Sec. 305.051. DEFINITION. Defines "political survey."

Sec. 305.052. REGISTRATION REQUIRED. Prohibits a person from providing the
results of a political survey to a member of the legislative branch unless
the person registers with the Texas Ethics Commission (commission) as
provided by this subchapter. 

Sec. 305.053. APPLICATION FOR REGISTRATION. Requires a person desiring to
register under this subchapter to file an application for registration with
the commission not later than the 30th day before the date the person
intends to provide the results of a political survey to a member of the
legislative branch. Requires the application to be written and verified and
to include certain information. Requires the commission, not later than the
10th day after the date the commission accepts the application, to issue
the person a registration certificate if certain requirements have been
meet.  

Sec. 305.054. EXPIRATION; RENEWAL OF REGISTRATION. Provides that a
registration under this subchapter expires on the fifth anniversary of the
date the commission issues the registration certificate. Requires  a person
who holds an unexpired registration to file a renewal of registration if
the information contained in the person's most recent registration is no
longer accurate. Requires an application for renewal of registration to
include the information prescribed by Section 305.053 for an original
registration.  

 Sec. 305.005. FEE. Requires an application for registration or renewal of
registration under this subchapter to be accompanied by a fee. Requires the
commission to set a fee in an amount sufficient to pay the cost of
administering this subchapter. Sets forth certain organizations that are
exempt from the requirements of this section.  

Sec. 305.056. OFFENSE. Provides that a person commits an offense if the
person knowingly provides the results of a political survey to a member of
the legislative branch without complying with this subchapter. Provides
that an offense under this section is a Class A misdemeanor. Provides that
this subchapter does not affect the criminal responsibility of a person
under the state laws relating to perjury. Provides that this section does
not prohibit the commission from imposing a civil penalty for a violation.  

Sec. 305.057. CIVIL PENALTY FOR FAILURE TO REGISTER. Requires a person who
knowingly provides the results of a political survey to a member of the
legislative branch without complying with this subchapter to pay a civil
penalty in an amount determined, by rule, of the commission but not to
exceed $10,000.  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Emergency clause.