1-1     By:  Madden (Senate Sponsor - Armbrister)             H.C.R. No. 77
 1-2           (In the Senate - Received from the House March 22, 2001;
 1-3     March 26, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 7, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 7, 2001, sent to printer.)
 1-6                         HOUSE CONCURRENT RESOLUTION
 1-7           WHEREAS, In an attempt to enact meaningful campaign finance
 1-8     reform legislation, the 106th Congress of the United States passed
 1-9     the Full and Fair Political Activities Disclosure Act (Public Law
1-10     106-230), which imposed notification and reporting requirements on
1-11     political organizations claiming tax-exempt status under Section
1-12     527 of the Internal Revenue Code; and
1-13           WHEREAS, Public Law 106-230 took effect July 1, 2000, four
1-14     days after its introduction; the rapidity of its passage through
1-15     congress reflected the lawmakers' sense of urgency to act, but it
1-16     also suggests that adequate time was not provided for deliberation
1-17     of the full ramifications of certain provisions; and
1-18           WHEREAS, The goal of this legislation was to respond to
1-19     certain political organizations, known as "stealth PACs," that were
1-20     able to raise and spend unlimited amounts of money for political
1-21     advocacy without having to disclose the sources and amounts of
1-22     donations, all while enjoying tax-exempt status; and
1-23           WHEREAS, While the Texas Legislature supports the laudable
1-24     goal of holding all participants in the political process
1-25     accountable to the public, the members of this body believe that
1-26     this well-intentioned Act has had unintended consequences and has
1-27     adversely affected individuals and organizations beyond its
1-28     original intent; and
1-29           WHEREAS, Public Law 106-230 imposes duplicative and
1-30     burdensome federal reporting and disclosure requirements on local
1-31     and state candidates, their campaign committees, and local and
1-32     state political parties that already are required to file detailed
1-33     reports with their respective state election officials; and
1-34           WHEREAS, These requirements have created a paperwork
1-35     nightmare for entities that are clearly outside the intended scope
1-36     of PL 106-230 without significantly adding to the body of
1-37     information available to the public; and
1-38           WHEREAS, A remedy in the form of an exemption for those
1-39     entities or an exception for information reported and filed
1-40     elsewhere with state officials would not violate the intention of
1-41     enforcing public accountability, since the individuals and
1-42     organizations affected already are required to report and disclose
1-43     to the state the same information that PL 106-230 now requires them
1-44     to report to the Internal Revenue Service; nor would it be
1-45     unprecedented, since a similar exemption already exists for
1-46     candidates, campaign committees, and party organizations engaged in
1-47     federal elections, who are required by FECA to report that
1-48     information to the Federal Election Commission; now, therefore, be
1-49     it
1-50           RESOLVED, That the 77th Legislature of the State of Texas
1-51     hereby respectfully urge the Congress of the United States to amend
1-52     provisions of the Internal Revenue Code of 1986, as added by PL
1-53     106-230, to exempt state and local political committees that are
1-54     required to report to their respective states from notification and
1-55     reporting requirements imposed by PL 106-230; and, be it further
1-56           RESOLVED, That the Texas secretary of state forward official
1-57     copies of this resolution to the president of the United States, to
1-58     the speaker of the house of representatives and the president of
1-59     the senate of the United States Congress, and to all the members of
1-60     the Texas delegation to the congress with the request that this
1-61     resolution be officially entered in the Congressional Record as a
1-62     memorial to the Congress of the United States of America.
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