BILL ANALYSIS

 

 

 

H.B. 1997

By: McCall

Elections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In the late 1980s, the Texas Legislature enacted legislation prohibiting political contributions during a regular legislative session.  At the time that law was passed, no similar prohibition on special session contributions was added to the statutes.  Extending the prohibition to include special sessions prevents any appearance of impropriety or the impression of such contributions being used to influence legislation. 

 

H.B. 1997 prohibits a person from knowingly making a political contribution, from the time a special session has been called until the date of final adjournment, to a statewide officeholder, a member of the legislature, or a specific purpose committee for supporting, opposing, or assisting a statewide office holder or member of the legislature. The bill prohibits the officeholder, member, or committee from accepting a political contribution during that period and requires the individual or committee to refuse any political contribution received.

 

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

 

H.B. 1997 amends the Election Code to prohibit a person, during the period beginning on the date the governor signs the proclamation calling a special legislative session and continuing through the date of final adjournment, from knowingly making a political contribution to a statewide officeholder, to a member of the legislature, or to a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature.  The bill prohibits a statewide officeholder, a member of the legislature, or such a specific-purpose committee from knowingly accepting a political contribution during that period, and requires the individual or committee to refuse any political contribution received during that period.  The bill makes conforming changes to include the same period in provisions establishing certain time parameters and exceptions applicable to the restrictions on contributions before, during, and after a legislative session.

 

H.B. 1997 repeals Section 254.0391, Election Code, relating to the special legislative session contribution report made to the Texas Ethics Commission.

EFFECTIVE DATE

 

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.