HBA-JEK H.B. 1353 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1353
By: Uher
Elections
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

The cost of running a political campaign, including a state legislative
campaign, has increased in recent years.  It has been argued that large
contributions by special interest groups have a greater impact on the
political process than small contributions from individuals, and that
contribution reports filed with the Texas Ethics Commission do not always
match the self-reported totals filed by candidates.  House Bill 1353
provides stricter reporting requirements and limits on campaign
contributions to candidates for state legislative 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. 

ANALYSIS

House Bill 1353 amends the Election Code to set forth provisions regarding
political contributions or political expenditures made in connection with
the office of state senator or state representative (Sec. 253.201).  The
bill prohibits a person from knowingly making, authorizing, or accepting
political contributions made to a candidate or officeholder that in the
aggregate exceed $2,000 for the office of state senator or $1,000 for the
office of state representative during an election cycle in which the
candidate or officeholder is involved.  The bill specifies that this
provision does not apply to a political contribution made by a candidate to
the candidate's own campaign or a political contribution made by a
political party committee or legislative caucus committee (Sec. 253.203).
The bill provides that a contribution by a person younger than 18 is
considered a contribution by, and attributed proportionately to, the
person's parents (Sec. 253.207).   

H.B. 1353 prohibits a person from knowingly making or authorizing political
contributions that in the aggregate exceed $1,000 in an election cycle to a
political committee other than a political committee established by a
political party or a legislative caucus committee.  The bill also prohibits
a person from knowingly making or authorizing political contributions that
in the aggregate exceed $5,000 in an election cycle to a political
committee established by a political party or a legislative caucus
committee (Sec. 253.204).  The bill sets forth that a person who knowingly
makes a contribution to a political committee in violation of this
provision is liable for damages to each political committee of opposing
interest in the election (Sec. 253.132). 

The bill requires a person who receives a political contribution that
violates these provisions to return the contribution to the contributor no
later than the 10th day after the date the contribution is received, and
specifies that a political contribution that is not returned as required is
considered to be accepted (Sec. 253.210). 

H.B. 1353 prohibits a person from knowingly making or authorizing political
contributions to candidates, officeholders, and certain specific-purpose
committees that in the aggregate exceed $25,000 in an election cycle.  The
bill prohibits a political committee from knowingly making or authorizing
political contributions  to those persons or committees if the
contributions in the aggregate exceed $200,000 in an election cycle (Sec.
253.205).  

H.B. 1353 provides that, in the above provisions, all political
contributions made by a political committee whose political activity is
financed, maintained, or controlled by certain types of entities  are
aggregated with contributions made by a committee whose activity is
financed, maintained, or controlled by a related entity. The bill provides
that two or more entities are treated as a single entity in certain
circumstances as described in the bill.  The bill also provides that each
specific-purpose committee for supporting a candidate or opposing the
candidate's opponent is treated as a single committee if each committee
includes the candidate or a member of the candidate's immediate family
(Sec. 253.206). 

H.B. 1353 also provides that, under each of the above provisions, political
contributions that are coordinated contributions to certain
specific-purpose committees are considered to be a political contribution
to the candidate or officeholder (Sec. 253.208).  The bill provides that a
person who makes an independent campaign expenditure in connection with a
campaign for legislative office must file an affidavit with the Texas
Ethics Commission (TEC) stating that the expenditure was not provided in
coordination with a candidate, a candidate's agent, or a person who is
coordinating with a candidate or a candidate's agent (Sec. 253.209). 

H.B. 1353 requires a campaign treasurer of a committee that makes a
coordinated contribution to a specific-purpose committee or an independent
campaign expenditure supporting or opposing a candidate to provide notice,
as prescribed in the bill, to TEC and each candidate in the race of the
contribution or expenditure no later than the second day after the
contribution or expenditure is made (Sec. 253.211).   

H.B. 1353 specifies that the general restrictions on contributions and
expenditures do not apply to a political contribution or expenditure made
in violation of a provision of this bill (Secs. 253.003, 253.004, and
253.005). 

H.B. 1353 specifies the content of reports filed by a candidate for
legislative office, a legislative officeholder or committee, and a campaign
treasurer (Secs. 254.0612, 254.0912, 254.1212, and 254.1541). 

EFFECTIVE DATE

September 1, 2001.