HBA-RAR H.B. 164 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 164 By: Chisum Judicial Affairs 2/9/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law prohibits candidates for judicial office from stating their position on any political issue. H.B. 164 authorizes a candidate for judicial office to discuss a general position on any political issue unless a specific issue is pending before a court in which the candidate holds or is seeking to hold 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 34.001(a), Government Code, to provide that Section 34.005 is an exception to the existing text. SECTION 2. Amends Chapter 34, Government Code, by adding Section 34.005, as follows: Sec. 34.005. PUBLIC DISCUSSION OF POLITICAL ISSUES. (a) Authorizes a candidate for a judicial office listed in Section 34.001(b), Government Code (Candidate Subject to Code), to discuss the candidate's general position on any political issue, regardless of the Code of Judicial Conduct, but prohibits the candidate from discussing a specific matter pending before the court in which the candidate holds or is seeking to hold office or before a court from which an appeal may be had to a court in which the candidate holds or is seeking to hold office. (b) Prohibits the Supreme Court of Texas from amending or adopting rules in conflict with Subsection (a). SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.