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BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1191

80R7909 ATP-D                                                                                                      By: Patrick, Dan

                                                                                                                                       State Affairs

                                                                                                                                            3/28/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, campaign contributions are required to be disclosed semi-annually, or more frequently during special sessions of the legislature or contested election campaigns.  As a result of the semi-annual requirement, however, public disclosures of campaign contributions may occur up to six months after the contribution is made.   This difference in time may make following the campaign contributions of a given candidate difficult for the public. 

 

As proposed, S.B. 1191 requires candidates for certain offices and specific-purpose committees for the support or the opposition of a candidate to file an report, in addition to the previously required disclosure reports, if those persons or entities have accepted significant contributions that exceed $2,000 in the aggregate from a single person.  This bill requires that the additional report be filed within 10 days of the acceptance of the contribution.    

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 254, Election Code, by adding Section 254.0381, as follows:


Sec. 254.0381.  SPECIAL REPORT BY CERTAIN CANDIDATES AND POLITICAL COMMITTEES REGARDING CERTAIN CONTRIBUTORS. (a)  Requires a candidate for an office (candidate) specified by Section 252.005(1), Election Code, and a specific-purpose committee for supporting or opposing a candidate described by Subdivision (1) (committee), that accepts political contributions from a person that in the aggregate exceed $2,000 during a semiannual reporting period, to file additional reports as provided by this section in addition to other reports required by this chapter.

 

(b)  Requires a candidate or committee to file a report under this section (report) not later than the 10th day after said candidate or committee receives an amount that equals or exceeds $2,000 when aggregated with all other political contributions accepted from that person after the last day covered by the last semiannual report filed by the candidate or committee. 

 

(c)  Requires each report to include the amount of the contributions specified by Subsection (a), the full name and address of the contributor, and the dates of the contributions.

 

(d)  Requires a report to be filed electronically, by telegram or telephonic facsimile machine, or by hand, in the form required by Section 254.036 (Form of Report; Affidavit; Mailing of Forms), Election Code.  Provides that the report is not required to be accompanied by the affidavit required under that section or to be submitted on a form prescribed by the Texas Ethics Commission (commission).  Requires a report that complies with the format and submission requirements of the commission under Section 254.036(a) to be accompanied by an affidavit stating that a certain person is not using computer equipment to keep current records of political contributions, expenditures, or contributions as required under Section 254.036(c)(1), unless the party in question submitted that affidavit with another report required by this section in connection with an election.

 

(e)  Provides that this section controls to the extent of a conflict between this section and Section 254.036, Election Code.

 

(f)  Requires a candidate who or a committee that accepts a political contribution required to be reported under this section and Section 254.038, Election Code to report said contribution as required by Section 254.038, Election Code. 

 

SECTION 2.  Makes application of this Act prospective.  Provides that contributions accepted on or before the effective date of this Act are not aggregated with contributions made after that date. 

 

SECTION 3.  Effective date: September 1, 2007.