C.S.H.B. 736 78(R)    BILL ANALYSIS


C.S.H.B. 736
By: Denny
Elections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, internal mail systems of state agencies and political
subdivisions can be used to distribute political advertising.  Some public
schools have taken advantage of this to distribute political advertising
to students and parents.  Recently, a school prepared a letter to state
officials urging the adoption of certain policies by the legislature and
sent the letter home with students for their parents' signatures.  Not all
parents, however, agreed with the political views of the letter.  CSHB 736
amends the Election Code to prohibit such use of an internal mail system. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

CSHB 736 amends the Election Code by adding provisions relating to the
unlawful use of the internal mail system of a governmental agency to
deliver political advertising.  The bill prohibits an officer or employee
of a state agency or political subdivision from knowingly using or
authorizing the use of an internal mail system for the distribution of
political advertising.  The bill provides that a person who violates this
prohibition commits a Class A misdemeanor.   

The bill provides an exception to the prohibition on the use of an
internal mail system to distribute political advertising for use to
distribute political advertising that is delivered to the premises of a
state agency or political subdivision through the United States Postal
Service.  The bill also provides an exception to the prohibition on the
use of an internal mail system for a state agency to distribute political
advertising that is the subject of or related to an investigation,
hearing, or other official proceeding.   


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 736 modifies the original by adding the exception to the prohibition
on the use of internal mail systems for a state agency to conduct an
investigation.