HBA-NMO H.B. 246 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 246 By: Denny Elections 3/28/1999 Introduced BACKGROUND AND PURPOSE Currently, the duties placed on an officer of a political party by the Election Code are enforceable by writ of mandamus (Black's Law Dictionary, Sixth Edition: A writ issuing from a court commanding an entity or person to perform a duty imposed by law), but the officer is not liable for any criminal penalties for failure to perform such duties. H.B. 246 provides criminal penalties for the failure of a political party officer to perform certain statutory duties. 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 Chapter 161, Election Code, by adding Section 161.0091, as follows: Sec. 161.0091. PARTY OFFICER SUBJECT TO CRIMINAL PENALTY. Provides that an officer of a political party commits an offense if the officer fails to perform a duty placed by this code on the officer. Provides that an offense under this section is a Class C misdemeanor if the conduct is performed recklessly or with criminal negligence or a Class A misdemeanor if the conduct is performed knowingly. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.