HBA-CMT, JEK C.S.H.B. 1496 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1496
By: Farabee
Elections
3/14/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, specific-purpose committees formed to support certain candidates
or assist certain officeholders are not required to have a candidate's or
officeholder's written authorization to use that person's name. There is a
possibility that persons contributing to such a committee could be under
the mistaken impression that a particular candidate or officeholder has
sanctioned the use of the candidate or officeholder's name. C.S.H.B. 1496
requires specific-purpose committees that are formed to support a candidate
or assist an officeholder to have the candidate's or officeholder's written
authorization to use the officeholder's or candidate's name, and entitles a
candidate or officeholder to an injunction against a specific-purpose
committee that violates the requirement, and entitles the candidate that
obtains an injunction to reasonable attorney's fees incurred in obtaining
the injunction.   

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

C.S.H.B. 1496 amends the Election Code to prohibit the name of a
specific-purpose committee for supporting a certain candidate or assisting
a certain officeholder from including the name of the candidate or
officeholder the committee supports or assists unless the candidate or
officeholder authorizes the use of the name in writing.  The bill entitles
a candidate or officeholder, in addition to any penalties imposed by the
Texas Ethics Commission, to an injunction against a specific-purpose
committee that violates the prohibition, and entitles a candidate or
officeholder who obtains an injunction to reasonable attorney's fees
incurred in obtaining the injunction.   The bill requires that either the
authorization of the use of the candidate's or officeholder's name or a new
committee name that does not include the candidate's or officeholder's name
be filed with the appropriate authority no later than October 1, 2001.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1496 modifies the original by providing that in addition to any
penalty imposed by the Texas Ethics Commission, a candidate or officeholder
is entitled to injunctive relief against a specific-purpose committee that
violates the provisions of the bill, and that a candidate or officeholder
who obtains an injunction is entitled to reasonable attorney's fees
incurred in obtaining the injunction.