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


Senate Research CenterC.S.S.B. 1517
76R12417 ESH-FBy: Brown
State Affairs
4/19/1999
Committee Report (Substituted)


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. C.S.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, C.S.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 
SURVEYING MEMBERS OF LEGISLATURE

 Sec. 305.051. DEFINITION. Defines  "entity" and "survey."

Sec. 305.052. REGISTRATION REQUIRED; EXEMPTION. Prohibits an entity from
conducting a survey of members for the legislature unless the entity
registers with Texas Ethics Commission (commission) as provided by this
subchapter. Provides that this chapter does not apply to certain persons
and organizations. 

Sec. 305.053. APPLICATION FOR REGISTRATION. Requires an entity 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 begin conducting a survey of members of the legislature.
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. 305.0055. 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. Provides that an institution of higher
education or a person controlled by an institution of higher education is
exempt from the requirements of this section. 

Sec. 305.056. CONDUCTING SURVEY. Requires a survey requesting information
from members of the legislature to include certain items.  

Sec. 305.057. CIVIL PENALTY FOR FAILURE TO REGISTER. Requires an entity
that knowingly conducts a  survey of members of the legislature 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

 Amends Chapter 305D, Government Code, to provide new heading.

 Amends Section 305.051, Government Code, set forth new definitions.

Amends Section 305.052, Government Code, to provide a new heading.
Prohibits an entity from conducting a survey of members of the legislature
unless the entity registers with the commission  as provided by this
subchapter, rather than providing the results of a political survey to a
member of the legislative branch. Provides that this chapter does not apply
to certain persons and organizations. 

Amends Section 305.053, Government Code, to require an entity to file an
application by a certain date that the entity intends to begin conducting a
survey of members of the legislature. Requires the application to be
written and verified and to include certain information. 

Amends Section 305.055, Government Code, to provide that an institutions of
higher education is exempt from the requirements of this section.  

Deletes proposed Section 305.056, Government Code, regarding offenses. Adds
a new Section 305.056 requiring a survey requesting information from
members of the legislature to include certain items.  

Amends Section 305.057, Government Code,  to require an entity that
knowingly conducts a  survey of members of the legislature 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.