HBA-DMD H.B. 2385 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2385
By: Madden
State Affairs
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2385 requires a person who sponsors legislative advertising during
certain specified periods to file written reports with the Texas Ethics
Commission. This bill specifies the provisions that must be included in the
report filed. This bill also requires each person required to file a report
to maintain a record of all reportable activity for at least two years
beginning on the filing deadline for the report. 

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 the heading to Chapter 305, Government Code, as follows:

CHAPTER 305. New Heading: REGISTRATION OF LOBBYISTS;
 LEGISLATIVE ADVERTISING

SECTION 2.  Amends Section 305.002, Government Code, by adding Subdivision
(12), to define "legislative advertising." 

SECTION 3.  Amends the heading to Subchapter B, Chapter 305, Government
Code, as follows: 

SUBCHAPTER B. New Heading: PROHIBITED ACTIVITIES;
LEGISLATIVE ADVERTISING

SECTION 4.  Amends Subchapter B, Chapter 305, Government Code, by adding
Section 305.028, as follows: 

Sec. 305.028. REPORTS CONCERNING LEGISLATIVE ADVERTISING. (a) Defines
"contribution" in this section. 

(b) Requires a person who sponsors legislative advertising during the
period beginning January 1 of a year and continuing through June 30 of that
year to file with the Texas Ethics Commission (commission) a written report
covering that period not later than July 15 of that year. Requires a person
who sponsors legislative advertising during the period beginning July 1 of
a year and continuing through December 31 of that year to file with the
commission a written report covering that period not later than January 15
of the following year. Provides that for purposes of this subsection,
legislative advertising is sponsored on the first date in a certain
reporting period. 
 
(c) Specifies the provisions that must be included in the report filed
under this section. 
 
(d) Provides that a report under this section must be signed by an
individual authorized to file the report on behalf of the person
responsible for making the report.  

(e) Requires each person required to file a report under this section to
maintain a record  of all reportable activity for at least two years
beginning on the filing deadline for the report, containing the information
in the record.  

(f) Sets forth that this section does not apply to an individual who, not
acting in concert with another person, sponsors legislative advertising.  

SECTION 5. Repealer: Section 305.027(e), Government Code, which defines
"legislative advertising."  

SECTION 6.Effective date: January 1, 2000. 
 
SECTION 7.  Provides that Section 305.028, Government Code, as added by
this Act, applies only to legislative advertising, as defined by Section
305.002(12), Government Code, as added by this Act, that is printed,
published, or broadcast on or after January 1, 2000; and a contribution
received on or after January 1, 2000, by a person who sponsors legislative
advertising.  

SECTION 8.Emergency clause.