HBA-CMT, JEK C.S.H.B. 1496 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1496 By: Farabee Elections 3/14/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, specific-purpose committees formed to support certain candidates or assist certain officeholders are not required to have a candidate's or officeholder's written authorization to use that person's name. There is a possibility that persons contributing to such a committee could be under the mistaken impression that a particular candidate or officeholder has sanctioned the use of the candidate or officeholder's name. C.S.H.B. 1496 requires specific-purpose committees that are formed to support a candidate or assist an officeholder to have the candidate's or officeholder's written authorization to use the officeholder's or candidate's name, and entitles a candidate or officeholder to an injunction against a specific-purpose committee that violates the requirement, and entitles the candidate that obtains an injunction to reasonable attorney's fees incurred in obtaining the injunction. 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. 1496 amends the Election Code to prohibit the name of a specific-purpose committee for supporting a certain candidate or assisting a certain officeholder from including the name of the candidate or officeholder the committee supports or assists unless the candidate or officeholder authorizes the use of the name in writing. The bill entitles a candidate or officeholder, in addition to any penalties imposed by the Texas Ethics Commission, to an injunction against a specific-purpose committee that violates the prohibition, and entitles a candidate or officeholder who obtains an injunction to reasonable attorney's fees incurred in obtaining the injunction. The bill requires that either the authorization of the use of the candidate's or officeholder's name or a new committee name that does not include the candidate's or officeholder's name be filed with the appropriate authority no later than October 1, 2001. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1496 modifies the original by providing that in addition to any penalty imposed by the Texas Ethics Commission, a candidate or officeholder is entitled to injunctive relief against a specific-purpose committee that violates the provisions of the bill, and that a candidate or officeholder who obtains an injunction is entitled to reasonable attorney's fees incurred in obtaining the injunction.