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.