HBA-TYH C.S.H.B. 1068 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1068
By: McReynolds
Elections
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Section 255.006 (Misleading Use of Office Title), Election Code, requires
candidates seeking an office that they do not currently hold to use the
word "for" in all their political advertising.  This legislation, passed
during the 75th Legislative Session, was meant to make clear to the voters
which candidates currently hold the office they seek and which do not.  In
practice, candidates have circumvented the new provision by making the word
"for" illegibly small in their campaign advertising.  This makes it
difficult for the voters to discern whether or not the candidate currently
holds the office he or she is seeking.  C.S.H.B. 1068 requires the
candidates who are seeking an office that they currently do not hold to
print the word "for" in their campaign advertising in a type size that is
at least one-half the type size used for the name of the office. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 255.006(c), Election Code, to provide that a
candidates seeking an office not currently held by the candidate needs to
print the word "for" in their campaign advertising in a type size that is
at least one-half the type size used for the name of the office. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in SECTION 1 by changing the font
size requirement from a type size that is the same size as the name of the
office to a type size that is at least one-half the type size used for the
name of the office.  The font size requirement is applicable to a candidate
who is seeking an office not currently held by the candidate and who is
required to print the word "for" in campaign advertising, to make clear
that the candidate does not currently hold the office being sought.