LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 2, 2001 TO: Honorable Debra Danburg, Chair, House Committee on Elections FROM: John Keel, Director, Legislative Budget Board IN RE: HB2 by Gallego (Relating to the regulation of certain political contributions, political expenditures, and political advertising; providing civil and criminal penalties.), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2, Committee Report 1st House, Substituted: negative impact of * * $(313,636) through the biennium ending August 31, 2003. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(257,849) * * 2003 (55,787) * * 2004 (55,787) * * 2005 (55,787) * * 2006 (55,787) * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Savings/(Cost) from Change in Number of State * * Year General Revenue Fund Employees from FY 2001 * * 0001 * * 2002 $(257,849) 2.0 * * 2003 (55,787) 2.0 * * 2004 (55,787) 2.0 * * 2005 (55,787) 2.0 * * 2006 (55,787) 2.0 * *************************************************************************** Technology Impact The bill would require programming modifications to all parts of the software and the Texas Ethics Commission's database. All filers who file electronically will have some changes in reporting requirements that require modifications in the electronic filing software. It will require modification to the Commission's web database in order to display the street address for contributors. Additionally, the Texas Ethics Commission will have to maintain an index of information about persons making political contributions. The costs of the new programming would be $94,300. Fiscal Analysis The bill would amend the Elections Code to impose certain restriction on political contributions, repayment of loans, and expenditures in connection with judicial, legislative, and executive offices. The bill would also amend several sections of the Election Code dealing with the collection of civil penalties, political advertising, the content of campaign contribution reports, reports by political and federally registered committees, the disposition of unexpended political contributions, and campaign advertising. The bill would require the Texas Ethics Commission to compile and maintain an index of information about persons making political contributions. Methodology Based on the Texas Ethics Commission's experience in implementing the electronic filing system, the agency has estimated it would take 943 hours at $100 per hour to make the required programming changes. This estimate is based on the current agency's maintenance cost for the electronic filing system and the agency's experience in implementing the current electronic filing system. The agency is estimating administrative costs of $107,762 for postage, envelopes, paper, and software reproduction to mail forms and instructions to 3,400 Commission filers and 5,000 local filing authorities. Also, it is estimated it would take 2 data entry operators (FTEs) for performing data entry for contributions filed on paper reports to maintain an index of information about persons making political contributions. Although the bill allows for civil penalties, the Comptroller of Public Accounts could not provide an estimate on the amounts which might be imposed or collected. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 307 Secretary of State, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 356 Texas Ethics Commission LBB Staff: JK, TB, GS