HBA-CMT H.B. 2504 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2504
By: Danburg
Elections
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

The 76th Legislature established the requirement that candidates,
officeholders, and political committees file reports of contributions and
expenditures with the Texas Ethics Commission (TEC) electronically. There
are, however, exemptions from the electronic reporting requirement for
candidates, officeholders, and committees that do not accept political
contributions or make political expenditures in a calendar year in excess
of $20,000.  TEC has recommended certain technical changes in current law
to make provisions for and exemptions from electronic reporting operate
more effectively.  TEC has also recommended changing current law relating
to required disclosure on political advertising so it conforms with federal
law and a recent Texas attorney general opinion, as well as specifying that
required disclosure provisions should apply to Internet advertising.  House
Bill 2504 clarifies the electronic filing requirement and modifies the
provisions relating to required disclosure on political advertising.  

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 2504 amends the Election Code to remove the requirement that a
candidate for an elective office of the federal government file with the
Texas Ethics Commission (commission) a copy of each document relating to
the candidacy that is required to be filed under federal law (Sec.
251.006).   

The bill authorizes a candidate, officeholder, or political committee to
file reports with the commission in a specified non-electronic format if
the candidate, officeholder, or committee files with the commission an
affidavit stating that the candidate, officeholder, or committee does not
intend to accept political contributions that in the aggregate exceed
$20,000 or make political expenditures that in the aggregate exceed $20,000
in a calendar year.  The bill provides that an affidavit must be filed with
each nonelectronic report that is filed.  The bill deletes the requirement
that the commission mail the appropriate forms to each person required to
file a report with the commission during that reporting period as part of
the notification of deadlines for filing reports.  The bill provides that a
legislative caucus or a person required to file an annual report of
unexpended contributions is subject to the exemptions relating to the form
of the report provided for a candidate, officeholder, or political
committee (Sec. 254.036). 

The bill provides that the commission is not required to post the second
report filed by a committee for supporting or opposing candidates or
measures on the Internet (Sec. 254.0401). 

The bill adds political advertising published on the Internet to the
existing provisions pertaining to required disclosure on political
advertising.  The provisions pertaining to required disclosure on political
advertising do not apply to anonymous printed material that is created or
distributed by an individual using the individual's personal funds or
resources and that supports or opposes a particular measure or issue rather
than a particular candidate (Sec. 255.001).  

 The bill repeals a provision of the Election Code pertaining to the filing
deadline for a report (SECTION 10). 

EFFECTIVE DATE

September 1, 2001.