HBA-CBW S.B. 720 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 720
By: West, Royce
Judicial Affairs
5/4/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law prohibits judicial candidates or officeholders or
specific-purpose committees from using political contributions to make
political contributions to other candidates or officeholders, regardless of
whether the contribution is make knowingly or unknowingly.   Senate Bill
720 prohibits a judicial candidate, judicial officeholder, or a
specific-purpose committee for supporting or opposing a judicial candidate
or assisting a judicial officeholder from using a political contribution to
knowingly  make certain political contributions. 

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

Senate Bill 720 amends the Election Code to prohibit a judicial candidate,
judicial  officeholder, or a specific-purpose committee for supporting or
opposing a judicial candidate or assisting a judicial officeholder from
using a political contribution to knowingly  make certain political
contributions. 

The bill prohibits a judicial officeholder or a specific-purpose committee
for assisting a judicial officeholder, in any calendar year in which the
office held is not on the ballot from using a political contribution to
knowingly make a political contribution to a political committee that, when
aggregated with each other political contribution to a political committee
in that calendar year, exceeds $250.  

The bill provides that these provisions  do not apply to a political
contribution made to the principal political committee of the state
executive committee or a county executive committee of a political party
that: 
  
   _is made in return for goods or services, including political
advertising or a campaign communication, the value of which substantially
equals or exceeds the amount of the contribution; or 

   _is in an amount that is not more than the candidate's  or
officeholder's pro rata share of the committee's normal overhead and
administrative or operating costs. 

The bill provides the formula by which a  candidate's  or officeholder's
pro rata share of costs related to a political committee's normal overhead
and administrative or operating costs is computed. 

EFFECTIVE DATE

September 1, 2001.