BILL ANALYSIS Senate Research Center S.B. 1142 81R8325 CAE-D By: Carona State Affairs 3/17/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Chapter 252 (Campaign Treasurer) of the Texas Election Code requires that every candidate and political committee appoint a campaign treasurer. Chapter 254 (Political Reporting) of the Election Code regulates political reporting by candidates, officeholders, and political committees. Chapter 254 requires that candidates, officeholders, and political committees file campaign finance reports detailing their contributions and expenditures with the authority with whom the candidate's, officeholder's, and political committee's campaign treasurer appointment is required to be filed. Most campaign treasurer appointments are required to be filed with the Texas Ethics Commission (TEC). Therefore, campaign finance reports are generally required to be filed with TEC. Chapter 254 also requires judicial candidates and judicial officeholders for judicial district offices filled by voters of only one county and specific purpose committees supporting such judicial candidates to file a campaign finance report with the county clerk of that county. This creates a duplicate filing requirement for these judicial candidates, officeholders, and political committees. Today, TEC makes all reports filed with TEC available over the Internet. Therefore, there is no longer a need to make some reports available locally. As proposed, S.B. 1142 amends Chapter 254 of the Election Code to eliminate the requirement that candidates, officeholders, and specific-purpose committees for judicial district offices filled by voters of only one county file a report with the county clerk of that county. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 254.066, 254.097, and 254.130, Election Code, as follows: Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Requires that reports under this subchapter be filed with the authority with whom the candidate's campaign treasurer appointment is required to be filed. Deletes existing text providing an exception under Subsection (b). Deletes existing text of Subsection (b) requiring a report required to be filed under this subchapter by a candidate for a judicial district office filled by voters of one county to also be filed with the county clerk. Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. Deletes existing text providing an exception under Subsection (b). Deletes existing text of Subsection (b) requiring a report required to be filed under this subchapter by the holder of a judicial district office filled by voters of one county to also be filed with the county clerk. Sec. 254.130. AUTHORITY WITH WHOM REPORTS FILED. Deletes existing text providing an exception under Subsection (b). Deletes existing text of Subsection (b) requiring a report required to be filed under this subchapter by a specific-purpose committee for supporting or opposing a candidate for or assisting a holder of a judicial district office filled by voters of one county to also be filed with the county clerk. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: upon passage or September 1, 2009.
BILL ANALYSIS
Senate Research Center S.B. 1142
81R8325 CAE-D By: Carona
State Affairs
3/17/2009
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Chapter 252 (Campaign Treasurer) of the Texas Election Code requires that every candidate and political committee appoint a campaign treasurer. Chapter 254 (Political Reporting) of the Election Code regulates political reporting by candidates, officeholders, and political committees. Chapter 254 requires that candidates, officeholders, and political committees file campaign finance reports detailing their contributions and expenditures with the authority with whom the candidate's, officeholder's, and political committee's campaign treasurer appointment is required to be filed. Most campaign treasurer appointments are required to be filed with the Texas Ethics Commission (TEC). Therefore, campaign finance reports are generally required to be filed with TEC.
Chapter 254 also requires judicial candidates and judicial officeholders for judicial district offices filled by voters of only one county and specific purpose committees supporting such judicial candidates to file a campaign finance report with the county clerk of that county. This creates a duplicate filing requirement for these judicial candidates, officeholders, and political committees. Today, TEC makes all reports filed with TEC available over the Internet. Therefore, there is no longer a need to make some reports available locally.
As proposed, S.B. 1142 amends Chapter 254 of the Election Code to eliminate the requirement that candidates, officeholders, and specific-purpose committees for judicial district offices filled by voters of only one county file a report with the county clerk of that county.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 254.066, 254.097, and 254.130, Election Code, as follows:
Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Requires that reports under this subchapter be filed with the authority with whom the candidate's campaign treasurer appointment is required to be filed. Deletes existing text providing an exception under Subsection (b). Deletes existing text of Subsection (b) requiring a report required to be filed under this subchapter by a candidate for a judicial district office filled by voters of one county to also be filed with the county clerk.
Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. Deletes existing text providing an exception under Subsection (b). Deletes existing text of Subsection (b) requiring a report required to be filed under this subchapter by the holder of a judicial district office filled by voters of one county to also be filed with the county clerk.
Sec. 254.130. AUTHORITY WITH WHOM REPORTS FILED. Deletes existing text providing an exception under Subsection (b). Deletes existing text of Subsection (b) requiring a report required to be filed under this subchapter by a specific-purpose committee for supporting or opposing a candidate for or assisting a holder of a judicial district office filled by voters of one county to also be filed with the county clerk.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2009.