HBA-JEK C.S.H.B. 2 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2
By: Gallego
Elections
3/5/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The amount of money invested in campaigns is a significant factor in many
elections.  It has been argued that the current campaign finance system
discourages competition in elections and discourages small contributions
from individuals.  Current disclosure laws contain several loopholes which
may prevent full disclosure of campaign contributions.  C.S.H.B. 2 modifies
provisions relating to the regulation and disclosure of certain political
contributions and expenditures. 

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. 2 amends the Election Code relating to the regulation of certain
political contributions, political expenditures, and political advertising. 

Reports 

C.S.H.B. 2 increases from $50 to $200 each political contribution or
expenditure which a committee or legislative caucus must report.  The bill
provides that a committee or caucus must report the total amount or a
specific listing of political contributions and political expenditures of
$200 or less.  If a contributor of more than $200 is an individual, the
report must include the person's principal occupation or job title and the
full name of the individual's employer.  The bill provides that reports on
expenditures in the form of inkind contributions must include a description
of any property or services contributed.  The bill also provides that a
report on a contribution from a child must include the full name and
address of each of the child's parents, guardians, or other persons
standing in parental relation to the person and, if the contributions are
in-kind contributions, a description of the property or services
contributed (SECTION 11, Sec. 254.031 and SECTION 12, Sec. 254.0311).   

C.S.H.B. 2 provides that a person, the person's campaign treasurer, or a
legislative caucus is to use best efforts to obtain, maintain, and report
the information required for an individual who contributes in excess of
$200 (SECTION 11, Sec. 254.031; SECTION 12, Sec. 254.0311; and SECTION 13,
Sec. 254.0312). 

The bill requires a candidate for statewide office, state senator, state
representative, or a member of the State Board of Education, who receives
contributions that in the aggregate exceed $1,000 to file additional
reports during the period immediately preceding the election. The bill sets
forth that this requirement also applies to a specific-purpose committee
for supporting or opposing a candidate for these offices. The bill extends
the period for which such a report is to be filed and reduces from 48 to 24
hours the time in which a contribution accepted in the period is required
to be reported after it is accepted (SECTION 14, Sec. 254.038).  The bill
extends the period immediately preceding the election in which certain
general-purpose committees are required to report direct campaign
expenditures, and reduces from 48 to 24 hours the time  in which an
expenditure is required to be reported (SECTION 15, Sec. 254.039). 

C.S.H.B. 2 removes the provision that prohibits the Texas Ethics Commission
(TEC) from making a filed report available to the public on the Internet
until each candidate for that office and each applicable specific-purpose
committee has filed a report for that reporting deadline (SECTION 16, Sec.
254.0401). The bill requires TEC to compile and maintain an index of
information about persons making political contributions and to make the
index available on the Internet (SECTION 17, Sec. 254.0403).  The bill
prohibits a person who does not file a required political report or a
political committee whose campaign treasurer does not file a report from
knowingly accepting a political contribution or knowingly making a
political expenditure when the report is outstanding.  The bill sets forth
penalties for a violation of this provision (SECTION 19, Sec. 254.043).
The bill sets forth penalties for a campaign treasurer who intentionally
fails to file a report on time, include required information in the report,
or include information that is substantial and material to a complete
understanding of the committee's reportable activity (SECTION 18, Sec.
254.041). 

C.S.H.B. 2 provides that a report by the campaign treasurer of a
general-purpose committee must include the identification of any
contribution intended by the person to be used for administrative,
overhead, or fund-raising expenses.  The bill removes the provision that
the report must include the principal occupation of each person whose
contributions in the aggregate exceed $50 (SECTION 21, Sec. 254.151).  The
bill provides that a person is ineligible for appointment as a campaign
treasurer if the person is the campaign treasurer of a political committee
that does not file a report as required (SECTION 4, Sec. 252.0011). The
bill provides that a person, including a candidate, officeholder, or
political committee, commits an offense if that person uses coercion to
assist an officeholder or influence the result of an election or uses or
causes to be used anything of value obtained by coercion (SECTION 3, Sec.
253.006).  The substitute repeals the provision that provides that an
expenditure for the establishment of a general-purpose committee by a
corporation or labor organization is not reportable as a political
contribution (SECTION 28). 

The bill increases from $10 to $30 the maximum amount of a political
contribution, expenditure, or loan that is not required to be individually
reported by a general-purpose committee in its monthly report (SECTION 22,
Sec. 254.156). 

Protection of Information

C.S.H.B. 2 prohibits the sale or commercial use of contributor information
required to be included in political reports without the express written
consent of the filer.  The bill authorizes the use of information that is
obtained from political reports  in newspapers, magazines, books, and other
similar communications if the principal purpose of the communication is to
educate the public and not to solicit contributions.  The bill sets forth
provisions regarding the use of pseudonyms in political reports and
authorizes a person to submit up to 10 pseudonyms on each political report
to protect against illegal use of names and addresses of contributors.  The
bill prohibits a filer from using these provisions to circumvent reporting
requirements and sets forth penalties for violating these provisions
(SECTION 2, Sec. 251.010). 

Out-of-state Political Committees

C.S.H.B. 2 prohibits out-of-state political committees from making
contributions or expenditures without filing a campaign treasurer
appointment (SECTION 5, Sec. 253.031).   The bill repeals law which
provides that out-of-state political committees are not subject to the
campaign treasurer and political reporting provisions of the Election Code.
The bill also repeals provisions excluding out-of-state committees from the
campaign treasurer and political reporting provisions that limit
contributions by out-of-state committees and relate to officeholder
contributions used in connection with a campaign (SECTION 28).  The bill
sets forth certain reporting requirements for political contributions
accepted and political expenditures made by out-of-state political
committees, but exempts from the requirements a committee that files
reports with the Federal Election Commission and appropriately notifies
TEC.  The bill requires such an out-of-state political committee to provide
TEC with the information necessary to locate the committee's report on the
Federal Election Commission Internet website and requires TEC to promptly
place a link to the report on its website (SECTION 11, Sec. 254.031 and
SECTION 13, 254.0313).   
 
Reimbursement of Personal Funds and Payment of Loans

C.S.H.B. 2 prohibits a judicial or nonjudicial candidate or officeholder
from using political contributions to reimburse a political expenditure
from the candidate's or officeholder's personal funds in an aggregate
amount that exceeds: 

 _$100,000 for governor;

 _$50,000 for statewide office;

 _$50,000 for statewide judicial office;

 _$25,000 for state senator or state representative;

 _$25,000 for the office of member, State Board of Education;

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

 _$10,000 for offices other than the above offices.

The bill prohibits the total amount of reimbursements made by a candidate
or officeholder from exceeding these amounts and prohibits a candidate or
officeholder from paying interest on a loan from the personal funds of the
candidate, officeholder, or a person related to the candidate or
officeholder within the second degree by affinity or consanguinity.  The
bill prohibits a committee from using political contributions in an amount
that exceeds these aggregate amounts to repay any loan or extension of
credit for which the committee's judicial or nonjudicial candidate or
officeholder is personally liable (SECTION 6, Sec. 253.042 and SECTION 10,
Sec. 253.162). 

Corporations and Labor Organizations

The bill provides that a corporation or labor organization may only make
campaign contributions and direct campaign expenditures from its own
property in connection with an election on a measure that occurs on a
uniform election date (SECTION 7, Sec. 253.096 and SECTION 8, Sec.
253.097).  The bill authorizes a corporation or labor organization to make
one or more campaign expenditures from its own property for the purpose of
permitting a candidate to appear at and speak to a meeting of its
stockholders, members, or their families.  The bill prohibits a corporation
or labor organization from making such an expenditure for transportation or
lodging (SECTION 9, Sec. 253.098). 

Retaining Certain Political Contributions, Assets, and Income

C.S.H.B. 2 prohibits a person from retaining certain contributions, assets
purchased with political contributions, or interest and other income earned
on the contributions for either more than six years after the date the
person leaves office or the date of the most recent election in which the
person was a candidate, whichever is later (SECTION 23, Sec. 254.203).  The
bill requires a person who ceased to be an officeholder or who was last a
candidate in an election before September 1, 1995 to dispose of unexpended
contributions and assets and income related to contributions not later than
January 1, 2002 (SECTION 29). 

Political Advertising and Campaign Communications

C.S.H.B. 2 prohibits a person from knowingly entering into a contract or an
agreement to print, copy, publish, or broadcast political advertising that
does not, within the advertising itself, indicate that it is political
advertising, and that does not include the full names and addresses of
specified individuals and committees as set forth in the bill.  The bill
does not require a person to state the address of a campaign treasurer,
candidate, officeholder, or political committee in a political
advertisement broadcast on radio (SECTION  26, Sec. 255.001).   

C.S.H.B. 2 provides that advertising that contains express advocacy is
presumed to be political advertising made for the purpose of influencing
the election of a candidate.  The bill authorizes a person who makes or
authorizes an expenditure that is presumed to be for political advertising
to file  with TEC a signed affidavit stating that the expenditure was not
made with the intent to influence an election.  The bill requires TEC to
determine whether an expenditure for which an affidavit was filed was made
with the intent to influence an election (SECTION 27, Sec. 255.009). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 2 differs from the original bill by removing the provisions
related to principal political committees, reports by federally registered
committees, criminal penalties for intentional failure to file a complete
report, disclosure in advertising of unpaid civil penalties, restrictions
on telephone advertising and polling, the fair campaign spending fund, the
voter's guide, contributions or loans immediately before an election, and
early voting ballots. 

The substitute requires that additional reports be filed for contributions
in excess of $1,000 in the period immediately preceding the election,
rather than at various contribution amounts as set forth in the original.
The substitute adds that these reports may be filed electronically (SECTION
14, Sec. 254.038).  

C.S.H.B. 2 modifies provisions regarding contributions from out-of-state
political committees and sets forth more in-depth reporting requirements
for political contributions accepted and expenditures made by out-ofstate
political committees that exceed $200 in the aggregate.  The substitute
adds provisions that exempt a committee that files an appropriate report
with the Federal Election Commission from the TEC reporting requirements
(SECTION 11, Sec. 254.031 and SECTION 13, Sec. 254.0313). 

C.S.H.B. 2 modifies the provisions regarding reporting requirements for
contributions and expenditures to apply to contributions and expenditures
in excess of $200 rather than $100.  The substitute requires information
about a contributor's occupation and employer to be reported for
contributions to a legislative caucus from each person other than a caucus
member that in the aggregate exceeds $200 rather than $1,000.  The
substitute sets forth reporting requirements for a contribution in excess
of $200 received from a child and removes the limit on contributions by
children (SECTION 11, Sec. 254.031 and SECTION 12, Sec. 254.0311).  The
substitute adds provisions related  to contributions and expenditures by
corporations or labor organizations (SECTION 9, Sec. 253.098).  

The substitute modifies the application of limits in the original that
applied to reimbursing with contributions loans from a candidate's or
officeholder's personal funds to apply to both the reimbursement of
expenditures made from the candidate's or officeholder's personal funds and
to the repayment of loans or credit for which the candidate or officeholder
is personally liable (SECTION 6, Sec. 253.042).  The substitute modifies
the limit above which a candidate for a statewide judicial office may not
reimburse from political contributions his or her personal funds to be an
amount that in the aggregate exceeds $50,000, as opposed to $100,000.  The
substitute modifies the original to prohibit a judicial or nonjudicial
candidate or officeholder from paying interest on a loan made from personal
funds or the personal funds of certain related persons (SECTION 10, Sec.
253.162). 

C.S.H.B. 2 adds provisions to prohibit the use of coercion to obtain
political contributions or other things of value and adds provisions
regarding the protection of information included in required political
reports (SECTION 2, Sec. 251.010 and SECTION 3, Sec. 253.006).  The
substitute also adds provisions regarding a TEC index of contributor
information compiled from information included in political reports
(SECTION 17, Sec. 254.0403).  

The substitute provides that a person who is campaign treasurer of a
political committee that fails to file a  report as required is ineligible
for appointment as a campaign treasurer (SECTION 4, Sec. 252.0011).
C.S.H.B. 2 adds provisions regarding advertising that contains express
advocacy (SECTION 27, Sec. 255.009).   

The substitute does not repeal the provision authorizing an officeholder to
use lawfully accepted contributions in connection with the officeholder's
campaign after appointing a campaign treasurer.  The substitute repeals the
provision that provides that an expenditure for the creation of a
general-purpose committee by a corporation or labor organization is not
reportable as a political contribution (SECTION 28).