HBA-CMT H.B. 552 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 552
By: Mowery
Elections
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Election Code places certain limited restrictions on
political campaign contributions  and expenditures, but does not limit the
amount of money that a particular individual or group can contribute to a
candidate or specific-purpose committee.  Texas is part of a minority of
states that do not limit the amount of money that can be contributed to
candidates running for public office.  House Bill 552 limits the amount of
money that an individual or group can contribute to certain political
candidates, officeholders, or related committees. 

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. 

ANALYSIS

House Bill 552 amends the Election Code to limit political contributions to
certain candidates or officeholders, and set forth contribution reporting
requirements.  The bill prohibits a person from knowingly making,
authorizing, or accepting contributions that in the aggregate exceed
$10,000 for the office of state senator and $5,000 for any other state
office for the election cycle in which the candidate or officeholder is
involved.  The limits do not apply to a political contribution in
connection with a statewide office, the office of a member of the State
Board of Education, or an office covered by the Judicial Campaign Fairness
Act (Sec. 253.201).  

H.B. 552 provides that a political contribution to a specific-purpose
committee for the purpose of supporting a candidate, opposing a candidate's
opponent, or assisting a candidate as an officeholder is considered to be a
contribution to the candidate or officeholder (Sec. 253.202).  The bill
provides that a direct campaign expenditure is considered to be a campaign
contribution to a candidate if it is made with the cooperation or prior
consent of, in consultation with, or at the suggestion of the candidate, a
specificpurpose committee for supporting the candidate or opposing the
candidates's opponent, or a person acting with the candidate's knowledge
and consent (Sec. 253.203). 

H.B. 552 requires the campaign treasurer of a specific-purpose committee to
deliver written notice to a candidate or officeholder if the committee
intends to accept political contributions or make political expenditures
for the purpose of supporting a candidate, opposing the candidate's
opponent, or assisting the candidate as an officeholder (Sec. 253.204).
The bill requires the campaign treasurer of a specificpurpose committee
that receives a political contribution or makes a direct campaign
expenditure for a candidate or officeholder to deliver written notice of
the contribution or expenditure to the affected officeholder or candidate
no later than the fifth day after the date the contribution is received or
the expenditure is made.  A candidate or officeholder that receives a
political contribution covered by these provisions is required to deliver
written notice of the contribution no later than five days after it is
received to the campaign treasurer of each specific-purpose committee that
has notified the candidate or officeholder of its intent to accept
political contributions or to make political contributions or expenditures
on the candidate's behalf (Sec. 253.205).  The bill sets forth requirements
for information to be included in the  required written notices (Secs.
253.204 and 253.205).  Any violation of these provisions is a Class A
misdemeanor (Secs. 253.201, 253.204 and 253.205). 

A person who accepts a political contribution that is in violation of the
contribution limits established by the bill is required to return the
contribution no later than 10 days after it is received (Sec. 253.206).   

H.B. 552 sets forth additional requirements regarding information to be
included in each report of political contributions by a candidate for
office, an officeholder, or a  specific-purpose committee for supporting or
opposing a candidate for or assisting a holder of an office, to which these
provisions apply (Secs. 254.0612, 254.0912 and 254.1212).   

EFFECTIVE DATE

September 1, 2001.