BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1142

                                                                                                                                          By: Carona

                                                                                                                                       State Affairs

                                                                                                                                          10/13/2009

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Chapter 252 (Campaign Treasurer) of the Texas Election Code requires that every candidate and political committee appoint a campaign treasurer.  Chapter 254 (Political Reporting) of the Election Code regulates political reporting by candidates, officeholders, and political committees.  Chapter 254 requires that candidates, officeholders, and political committees file campaign finance reports detailing their contributions and expenditures with the authority with whom the candidate's, officeholder's, and political committee's campaign treasurer appointment is required to be filed.  Most campaign treasurer appointments are required to be filed with the Texas Ethics Commission (TEC).  Therefore, campaign finance reports are generally required to be filed with TEC.

 

Chapter 254 also requires judicial candidates and judicial officeholders for judicial district offices filled by voters of only one county and specific purpose committees supporting such judicial candidates to file a campaign finance report with the county clerk of that county.  This creates a duplicate filing requirement for these judicial candidates, officeholders, and political committees.  Today, TEC makes all reports filed with TEC available over the Internet.  Therefore, there is no longer a need to make some reports available locally.

 

S.B. 1142 amends current law relating to the authority with whom campaign finance reports must be filed in connection with a judicial district office filled by the voters of only one county. 

 

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 Sections 254.066, 254.097, and 254.130, Election Code, as follows:

 

Sec. 254.066.  AUTHORITY WITH WHOM REPORTS FILED.  Deletes existing Subsection (a) designation and existing text providing an exception under Subsection (b).  Deletes existing text of Subsection (b) requiring that a report required to be filed under this subchapter (Reporting by Candidate) by a candidate for a judicial district office filled by voters of only one county also be filed with the county clerk.  Requires that reports under this subchapter be filed with the authority with whom the candidate's campaign treasurer appointment is required to be filed. 

 

Sec. 254.097.  AUTHORITY WITH WHOM REPORTS FILED.  Deletes existing Subsection (a) designation and existing text providing an exception under Subsection (b).  Deletes existing text of Subsection (b) requiring that a report required to be filed under this subchapter (Reporting by Officeholder) by the holder of a judicial district office filled by voters of only one county also be filed with the county clerk.  Requires that reports under this subchapter be filed with the authority with whom a campaign treasurer appointment by a candidate for the office held by the officeholder is required to be filed.

 

Sec. 254.130.  AUTHORITY WITH WHOM REPORTS FILED.  Deletes existing Subsection (a) and existing text providing an exception under Subsection (b).  Deletes existing text of Subsection (b) requiring that a report required to be filed under this subchapter (Reporting by Specific-Purpose Committee) by a specific-purpose committee for supporting or opposing a candidate for or assisting a holder of a judicial district office filled by voters of only one county also be filed with the county clerk.  Requires that reports filed under this subchapter be filed with the authority with whom the political committee's campaign treasurer appointment is required to be filed.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  upon passage or September 1, 2009.