HBA-KDB C.S.H.B. 1772 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1772
By: Brimer
State Affairs
3/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, venue projects include arenas, coliseums, stadiums,
convention centers, civic center hotels, museums, and any other economic
development projects.  However, since economic development is not
explicitly defined and is potentially subject to broad interpretation, the
financing options for such projects may not be clearly defined.  In
addition, campaigns for elections for venue projects are not subject to the
same requirements as political campaigns, especially for campaign
materials.  This may lead to both proponents and opponents making
accusations and statements that may be inaccurate or untrue without fear of
legal retribution.  C.S.H.B. 1772  includes in the definition of "venue"
certain economic development projects in municipalities regarding venue
projects, establishes campaign material guidelines for elections related to
such projects, and provides penalties for a violation of campaign material
guidelines. 

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. 1772 amends the Local Government Code to add, in the definition of
"venue," certain economic development projects  in cities with specified
populations.  The bill removes from the definition of "venue" any other
economic development project authorized by other law. 

The bill provides that it is a Class A misdemeanor offense, punishable by a
fine, if a person knowingly and recklessly prints, broadcasts, or
publishes, or causes to be printed, broadcast, or published campaign
material  that contains false or misleading information concerning a venue
project or venue district.  If it is shown on the trial of such an offense
that the person has previously been finally convicted of such an offense,
on conviction the offense is a misdemeanor punishable by a fine not to
exceed $10,000.  The bill authorizes an individual to file a complaint with
the Texas Ethics Commission (commission) alleging a violation of these
provisions.  The bill authorizes the commission to impose a penalty if the
commission determines that campaign materials contain false or misleading
information.  The bill provides that the commission has jurisdiction to
consider and investigate a complaint regarding campaign materials with
false or misleading information and to impose a penalty. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1772 modifies the original bill by making it a criminal offense if
a person knowingly and recklessly prints, broadcasts, or publishes, or
causes to be printed, broadcast, or published campaign materials containing
false or misleading information concerning a  venue project, whereas the
original simply prohibited such an action.  The substitute provides that,
if it is shown on the trial of such an offense that the  person has
previously been finally convicted of such an offense, on conviction the
offense is a misdemeanor punishable by a fine not to exceed $10,000.  The
substitute modifies the original bill by restricting this type of behavior
concerning campaign materials under provisions regarding sports and
community venue districts as well as sports and community venue projects.