H.B. 3096 78(R)    BILL ANALYSIS


H.B. 3096
By: Madden
Elections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, the Texas Ethics Commission is authorized to fine a
candidate who files a campaign contribution and expenditure report
(report) late.  The Sunset Advisory Commission, in evaluating the Texas
Ethics Commission, has suggested  more severe penalties for failure to
comply with the reporting requirements.  House Bill 3096 would increase
the penalty for filing reports late with the Texas Ethics Commission. 


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

House Bill 3096 amends the Election Code by providing that a person who
files a required report of political contributions and expenditures late
with the Texas Ethics Commission (commission) is civilly liable to the
state for the amount of $100.  The bill provides that if the report is
more than seven days late, the person is civilly liable to the state for
$100 for each day after the seventh day that the report is late.  The bill
prohibits the total penalty from exceeding $50,000 for each report or from
being increased after the date on which a person appeals or files an
action to dispute the penalty.   
   
HB 3096 removes the authority of the commission to determine the amount of
the penalty for late reports by rule.  The bill also deletes the
requirement that the commission issue a warning of liability by registered
mail to the person required to file the report if the report is more than
30 days late and the penalty associated with failure to file the report on
the 10th day after the date on which the warning is received. 


EFFECTIVE DATE

September 1, 2003.