HBA-CMT H.B. 2504 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2504 By: Danburg Elections 3/14/2001 Introduced BACKGROUND AND PURPOSE The 76th Legislature established the requirement that candidates, officeholders, and political committees file reports of contributions and expenditures with the Texas Ethics Commission (TEC) electronically. There are, however, exemptions from the electronic reporting requirement for candidates, officeholders, and committees that do not accept political contributions or make political expenditures in a calendar year in excess of $20,000. TEC has recommended certain technical changes in current law to make provisions for and exemptions from electronic reporting operate more effectively. TEC has also recommended changing current law relating to required disclosure on political advertising so it conforms with federal law and a recent Texas attorney general opinion, as well as specifying that required disclosure provisions should apply to Internet advertising. House Bill 2504 clarifies the electronic filing requirement and modifies the provisions relating to required disclosure on political advertising. 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 2504 amends the Election Code to remove the requirement that a candidate for an elective office of the federal government file with the Texas Ethics Commission (commission) a copy of each document relating to the candidacy that is required to be filed under federal law (Sec. 251.006). The bill authorizes a candidate, officeholder, or political committee to file reports with the commission in a specified non-electronic format if the candidate, officeholder, or committee files with the commission an affidavit stating that the candidate, officeholder, or committee does not intend to accept political contributions that in the aggregate exceed $20,000 or make political expenditures that in the aggregate exceed $20,000 in a calendar year. The bill provides that an affidavit must be filed with each nonelectronic report that is filed. The bill deletes the requirement that the commission mail the appropriate forms to each person required to file a report with the commission during that reporting period as part of the notification of deadlines for filing reports. The bill provides that a legislative caucus or a person required to file an annual report of unexpended contributions is subject to the exemptions relating to the form of the report provided for a candidate, officeholder, or political committee (Sec. 254.036). The bill provides that the commission is not required to post the second report filed by a committee for supporting or opposing candidates or measures on the Internet (Sec. 254.0401). The bill adds political advertising published on the Internet to the existing provisions pertaining to required disclosure on political advertising. The provisions pertaining to required disclosure on political advertising do not apply to anonymous printed material that is created or distributed by an individual using the individual's personal funds or resources and that supports or opposes a particular measure or issue rather than a particular candidate (Sec. 255.001). The bill repeals a provision of the Election Code pertaining to the filing deadline for a report (SECTION 10). EFFECTIVE DATE September 1, 2001.