HBA-JEK C.S.H.B. 1180 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1180
By: Capelo
Elections
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Political pressure placed on a judge by a political party has the potential
to influence rulings and compromise justice.  C.S.H.B. 1180 requires judges
of this state to disclose any contacts they have with political party
officers that occur outside of an official proceeding but relate to a
proceeding conducted by the judge. 

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. 1180 amends the Election Code to require a judge of this state to
disclose each contact the judge has with certain officers of a political
party that occurs outside of an official proceeding conducted by the judge
and concerns a judicial proceeding that is pending before the judge.  The
bill applies only to a political party officer who is a county chair,
precinct chair, or member of the state executive committee.   

C.S.H.B. 1180 sets forth provisions regarding the making and filing of a
disclosure by a judge regarding a contact by a party officer, and requires
a judge to issue a written notice at the time of disclosure to inform the
officer that the contact is improper and may constitute bribery or corrupt
influence.  The bill establishes that a political party officer who makes a
subsequent contact with the judge on the same matter after receiving notice
commits a Class A misdemeanor. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1180 differs from the original bill by requiring a judge, rather
than a party officer, to disclose each contact between the judge and a
party officer.  The substitute requires a judge to issue a written notice
at the time of disclosing a contact by a party officer to inform the
officer that the contact is improper.  The bill establishes that a
political party officer who makes a subsequent contact with the judge on
the same matter commits an offense.