BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 2959

82R27490 JRJ-D

By: Price (Fraser)

 

State Affairs

 

5/9/2011

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

A former county chair for a political party is currently required to transfer certain records in the possession of the former county chair to the newly elected county chair.  Interested parties contend that a former county chair has no incentive to ensure the orderly transfer of records needed for the proper functioning of the local county party because there is no mechanism for enforcement, such as a penalty for failure to comply.

 

C.S.H.B. 2959 amends the Election Code to make it a Class C misdemeanor for a person who formerly served as the county chair of the county executive committee for a political party to fail to transfer certain records to the new county chair as required under provisions of law governing a county chair's transition.

 

C.S.H.B. 2959 amends current law relating to the required transfer of records to a new county chair of a political party, and provides a penalty.

 

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 Section 171.028, Election Code, by adding Subsections (c) and (d), as follows:

 

(c)  Provides that a person commits an offense if the person fails to transfer records as required by Subsection (a) (relating to the transfer of certain records from the person formerly serving as the county chair to the new county chair).

 

(d)  Provides that an offense under Subsection (c) is a Class C misdemeanor.

 

SECTION 2.  Effective date: September 1, 2011.