HBA-RBT H.B. 2611 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2611
By: Greenberg
Elections
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2611 will require candidates and officeholders to file reports with
the Ethics Commission electronically rather than on paper.  Currently,
paper reports may be filed with the Ethics Commission.  Interested parties
may only access the reports by traveling to the Ethics Commission office in
Austin.  H.B. 2611 will require the Ethics Commission to post
electronically filed reports on the Internet, thereby making them
accessible to all interested parties without unusual expense. This bill
does provide exemptions from the requirement to file electronically when
the candidate or officeholder does not receive or spend more than $20,000
and when they do not use a computer to maintain their list of contributions
and expenditures. 

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 Section 254.036, Election Code, as follows:

Sec.  254.036.  FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.  (a) Provides
that each report filed under this chapter with an authority other then the
commission must be on a form prescribed by the Texas Ethics Commission
(commission).   

(b) Provides that each report filed under this chapter with the commission
must be filed by computer diskette, modem, or other means of electronic
transfer, using computer software provided by the commission or computer
software that meets commission specifications for a standard file format. 

(c) Authorizes that a written or printed report be filed under this chapter
with an authority other than the commission by a candidate or officeholder,
or political committee that does not accept political contributions or make
political expenditures that exceed the limit imposed by Subsection (d) or
(e) or by a candidate, officeholder, or political committee that does not
use computer equipment to keep records, and file an affidavit with each
report filed.  Makes conforming and nonsubstantive changes.   

(d) Sets forth the circumstances in which a candidate or political
committee that is required to file reports with the commission may file
reports that comply with Subsection (a) if the candidate or committee does
not intend to accept political contributions that in the aggregate exceed
$20,000 or to make political expenditures that in the aggregate exceed
$20,000 in connection with the election.  Excludes the filing fee from the
allowable expenditure.  Requires a candidate or politidcal committeethat
exceeds the limit to file the report as required by Subsection(b).
Provides that a declaration of intent to file reports under this subsection
must be filed.  Sets forth the required contents of the declaration of
intent. 

(e) Sets forth the circumstances in which an officeholder or
specific-purpose committee for assisting an officeholder that is required
to file reports with the commission may file  reports that comply with
Subsection (a) if the officeholder or committee does not intend to accept
political contribution that in the aggregate exceed $20,000 or to make
political expenditures that in the aggregate exceed $20,000 in connection
with the election. Excludes the filing fee from the allowable expenditure.
Requires an officeholder or specific-purpose committee that exceeds the
limit to file the report as required by Subsection(b).  Provides that a
declaration of intent to file reports under this subsection must be filed.
Sets forth the required contents of the declaration of intent. 

(f) Provides that specified candidates or specific-purpose committees for
supporting or opposing specified candidate or a measure may file reports
that comply with Subsection (a). 

(g) Authorizes an individual required to file a report with the commission
in connection with specified direct campaign expenditures to file a report
that complies with Subsection (a). 

(h) Provides that a report filed under this chapter is considered to be
under oath by the person required to file the report, and the person is
subject to prosecution regardless of the absence or a defect in the
affidavit. 

(i) Redesignated from Subsection (c).

(j) Redesignated from Subsection (d).

(k) Redesignated from Subjection (g).

SECTION 2.  Amends Subchapter B, Chapter 254, Election Code, by adding
Section 254.0401, as follows: 

Sec.  254.0401.  AVAILABILITY OF REPORTS ON INTERNET.  Requires the
commission to make each report filed with the commission under this chapter
available to the public on the Internet within a reasonable time after the
report is filed.  Provides that this access to reports is in addition to
the public's access to the information through other means. Requires the
commission to remove the address of each person listed as having made a
political contribution before placing the report on the Internet. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Makes application of this Act prospective to January 1, 2000.
Requires the commission to make reports filed with the commission beginning
January 1, 2000, available to the public on the Internet by February 1,
2000. 

SECTION 5.  Emergency clause..