BILL ANALYSIS

 

 

                                                                                                                                        C.S.H.B. 89

                                                                                                                                          By: Branch

                                                                                                                                             Elections

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Current law states that any general-purpose committee will be subject to a civil penalty for a late report. This bill is designed to exclude general-purpose political committees from civil penalties if they do not accept political contributions totaling $3,000 or more or make or authorize political expenditures totaling $3,000 or more during the reporting period covered by the report that is subject to the violation or during the two reporting periods proceeding the former reporting period. The purpose of C.S.H.B. 89 is to exempt small, local general-purpose committees from penalties that use the majority of their contribution monies. 

 

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

 

C.S.H.B. 89 amends the Election Code by prohibiting the commission from imposing a civil penalty on a general-purpose committee for a political reporting violation if the committee did not accept political contributions totaling $3,000 or more or make or authorize political expenditures totaling $3,000 or more during:

 

            (1) the reporting period covered by the report that is the subject of the violation; or

 

            (2) either of the two reporting periods preceding the reporting period covered by the         report that is the subject of the violation.

 

The changes in law made by this bill apply only to a violation relating to a report required to be filed on or after the effective date of this bill.

 

EFFECTIVE DATE

 

September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

C.S.H.B. 89 stipulates that the commission is prohibited from imposing a civil penalty on a general-purpose committee if the committee did not accept, make, or authorize political contributions or expenditures totaling $3,000 or more during the reporting period covered by the report that is the subject of the violation or either of the two reporting periods preceding the reporting period covered by the report that is the subject of the violation.  H.B. 89 did not make this stipulation.