HBA-JEK H.B. 2435 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2435
By: Madden
Elections
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a candidate or officeholder can be supported or assisted
by more than one specificpurpose political committee.  This may make full
disclosure of campaign contributions more difficult.  House Bill 2435
requires a candidate or officeholder to establish a single principal
political committee to manage all of the individual's political
contributions, and provides that a specific-purpose committee may only
support or assist two or more candidates or officeholders. 

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

House Bill 2435 amends the Election Code to require a candidate or
officeholder to designate in writing a political committee to serve as the
person's principal political committee under which a candidate is required
to maintain all political contributions.  The bill sets forth provisions
relating to the creation and duties of a principal political committee.
The bill prohibits a person from establishing a specific-purpose committee
for supporting or opposing only one candidate or assisting only one
officeholder (Sec. 251.010). The bill provides that a candidate or
officeholder is civilly liable for an act or omission by the person's
principal political committee only if the person authorized, requested,
commanded, performed, or recklessly or negligently tolerated the act or
omission (Sec. 251.011). 

The bill requires a person who is a candidate or officeholder on September
1, 2001 to designate a principal political committee by September 15, 2001,
and requires a candidate or officeholder to transfer each applicable asset
to the committee by the 15th day after the date the candidate or
officeholder designates a  committee (SECTION 62). 

H.B. 2435 prohibits a candidate or officeholder from accepting a political
contribution in connection with the person's own candidacy or office unless
it is being accepted on behalf of the person's principal political
committee and the committee itself would be authorized to accept the
contribution, and establishes penalties for a violation of this provision
(Sec. 253.0311).  The bill also prohibits a candidate or officeholder from
making a political contribution or expenditure from personal funds in
connection with the person's own candidacy or office unless the person
makes the contribution or expenditure to the person's own principal
political committee, and establishes penalties for a violation of this
provision (Sec. 253.0312). 

The bill prohibits the committee of a judicial or nonjudicial candidate or
officeholder from using political contributions to reimburse a political
contribution expenditure made to the committee from the candidate's or
officeholder's personal funds in an aggregate amount that exceeds: 

 _$500,000 for governor;

 _$250,000 for a statewide office other than governor;
 
 _$100,000 for statewide judicial office; or

 _five times the applicable contribution limit for a judicial office to
which the Judicial Campaign Fairness Act applies, other than a statewide
judicial office. 

The bill prohibits the committee of a nonjudicial candidate or officeholder
from using political contributions to repay a loan or extension of credit
from certain persons related to the candidate or officeholder in an
aggregate amount that exceeds the limits above.  The bill prohibits the
committee of a judicial candidate or officeholder form using political
contributions to repay any such loans or extensions of credit (Secs.
253.042 and 253.162).  The bill repeals the provision requiring a candidate
or officeholder to file a report after appointing a campaign treasurer
(SECTION 61). 

EFFECTIVE DATE

September 1, 2001.