LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 5, 2011 TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3093 by Lewis (Relating to the amendment of certain reports of political contributions and expenditures.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend Election Code relating to the amendment of certain reports of political contributions and expenditures by adding Section 254.0405, which states the following: (1) a report that is amended before the eighth day after the date the original report was filed will be considered to have been filed on the date on which the original report; and (2) a report that is amended on or after the eighth day will be considered to have been filed on the original report date if the amendment was made before any complaint is filed with regard to the subject of the amendment, and the original report was made in good faith and without an intent to mislead or to misrepresent the information in the report. The bill would also amend Section 254.041 of Election Code to provide a criminal penalty exception for these report amendments. It is anticipated that this exception could result in a loss of revenue to the state from fines that would no longer be collected. The bill would take effect September 1, 2011. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies:356 Texas Ethics Commission LBB Staff: JOB, KJG, JT, MS, DEH LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 5, 2011 TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3093 by Lewis (Relating to the amendment of certain reports of political contributions and expenditures.), As Engrossed TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB3093 by Lewis (Relating to the amendment of certain reports of political contributions and expenditures.), As Engrossed Honorable Robert Duncan, Chair, Senate Committee on State Affairs Honorable Robert Duncan, Chair, Senate Committee on State Affairs John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB3093 by Lewis (Relating to the amendment of certain reports of political contributions and expenditures.), As Engrossed HB3093 by Lewis (Relating to the amendment of certain reports of political contributions and expenditures.), As Engrossed No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend Election Code relating to the amendment of certain reports of political contributions and expenditures by adding Section 254.0405, which states the following: (1) a report that is amended before the eighth day after the date the original report was filed will be considered to have been filed on the date on which the original report; and (2) a report that is amended on or after the eighth day will be considered to have been filed on the original report date if the amendment was made before any complaint is filed with regard to the subject of the amendment, and the original report was made in good faith and without an intent to mislead or to misrepresent the information in the report. The bill would also amend Section 254.041 of Election Code to provide a criminal penalty exception for these report amendments. It is anticipated that this exception could result in a loss of revenue to the state from fines that would no longer be collected. The bill would take effect September 1, 2011. The bill would amend Election Code relating to the amendment of certain reports of political contributions and expenditures by adding Section 254.0405, which states the following: (1) a report that is amended before the eighth day after the date the original report was filed will be considered to have been filed on the date on which the original report; and (2) a report that is amended on or after the eighth day will be considered to have been filed on the original report date if the amendment was made before any complaint is filed with regard to the subject of the amendment, and the original report was made in good faith and without an intent to mislead or to misrepresent the information in the report. The bill would also amend Section 254.041 of Election Code to provide a criminal penalty exception for these report amendments. It is anticipated that this exception could result in a loss of revenue to the state from fines that would no longer be collected. The bill would take effect September 1, 2011. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 356 Texas Ethics Commission 356 Texas Ethics Commission LBB Staff: JOB, KJG, JT, MS, DEH JOB, KJG, JT, MS, DEH