BILL ANALYSIS C.S.H.B. 380 By: Bucy Elections Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires the secretary of state to post certain candidate and officeholder information on the secretary's website. While this information includes various details about federal, statewide, and county-level offices, interested parties assert that the secretary of state could do more to centralize election information from all levels of government across the state. C.S.H.B. 380 requires the secretary of state to create and maintain two databases for posting comprehensive election, candidate, and officeholder information. The first database, for posting election information, will include notices for certain upcoming elections in the state and details relating to certain offices to be filled, including a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district. The second database, for incumbents and candidates, will contain information about holders of and candidates for partisan and nonpartisan elected offices at the state, regional, and local levels. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the secretary of state in SECTION 2 of this bill. ANALYSIS C.S.H.B. 380 amends the Election Code to require the secretary of state to post on the secretary's public website a database containing the following information on each election for a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district provided by each authority responsible for giving notice of an election in Texas or by a county that receives the information from such an authority: the name of the authority; each office to be filled at the election; whether the office is elected at large or by district; the duration of the term of office; and the dates of the preceding and next election for the office. The bill requires the secretary of state to adopt rules as necessary to implement the election information database. C.S.H.B. 380 requires the authority responsible for giving notice of an election to electronically deliver the information on an election for a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district for the election information database to the secretary of state in January of each year as follows: as required by the secretary of state, if the authority is a county or political party; or to the county in which the authority is located, if the authority is city or school district. The bill requires a county that receives the information to forward the information to the secretary of state. C.S.H.B. 380 requires the secretary of state to post on the secretary's website a database containing the following information about each holder of or candidate for a partisan elected office in Texas, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district: name; office title, including any district, place, or position, and a notation that the person is an incumbent if applicable; office held or sought, including any district, place, or position, if applicable; if the office is elected at large or by district; date of the election or the previous and next election for the office, as applicable; public mailing address and, if available, public telephone number and email address; and for a candidate for office, if the candidate has filed as a write-in candidate. The bill requires the secretary of state to make the name, office, and party affiliation of such an office or position holder available on the secretary of state's website for as long as the person holds that office. C.S.H.B. 380 requires the county with whom a declaration of candidacy or application for a place on the ballot is filed, a state or county chair of a political party, or the presiding officer of a political party's convention, as applicable, to provide the information to the secretary of state. The bill requires a political subdivision to provide information about a candidate or officeholder to the county in which the political subdivision is located and requires the county to then forward the information to the secretary of state. The bill requires the secretary of state to adopt rules as necessary to implement the incumbent and candidate database. EFFECTIVE DATE January 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 380 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced required the election information database to include information provided by an election authority that is any political subdivision other than a county, the substitute does not, and requires the database instead to include information provided by an election authority that is a city or school district. The substitute includes a requirement that did not appear in the introduced for the duration of a term of office to be included among the information on each applicable election that is required to be posted on the election information database. The substitute changes the bill's effective date to provide for the bill to take effect January 1, 2025, with no possibility for immediate effect, whereas the introduced provided its possible immediate effect, contingent on receiving the requisite constitutional vote.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 380
By: Bucy
Elections
Committee Report (Substituted)
C.S.H.B. 380
By: Bucy
Elections
Committee Report (Substituted)
BACKGROUND AND PURPOSE Current law requires the secretary of state to post certain candidate and officeholder information on the secretary's website. While this information includes various details about federal, statewide, and county-level offices, interested parties assert that the secretary of state could do more to centralize election information from all levels of government across the state. C.S.H.B. 380 requires the secretary of state to create and maintain two databases for posting comprehensive election, candidate, and officeholder information. The first database, for posting election information, will include notices for certain upcoming elections in the state and details relating to certain offices to be filled, including a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district. The second database, for incumbents and candidates, will contain information about holders of and candidates for partisan and nonpartisan elected offices at the state, regional, and local levels.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the secretary of state in SECTION 2 of this bill.
ANALYSIS C.S.H.B. 380 amends the Election Code to require the secretary of state to post on the secretary's public website a database containing the following information on each election for a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district provided by each authority responsible for giving notice of an election in Texas or by a county that receives the information from such an authority: the name of the authority; each office to be filled at the election; whether the office is elected at large or by district; the duration of the term of office; and the dates of the preceding and next election for the office. The bill requires the secretary of state to adopt rules as necessary to implement the election information database. C.S.H.B. 380 requires the authority responsible for giving notice of an election to electronically deliver the information on an election for a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district for the election information database to the secretary of state in January of each year as follows: as required by the secretary of state, if the authority is a county or political party; or to the county in which the authority is located, if the authority is city or school district. The bill requires a county that receives the information to forward the information to the secretary of state. C.S.H.B. 380 requires the secretary of state to post on the secretary's website a database containing the following information about each holder of or candidate for a partisan elected office in Texas, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district: name; office title, including any district, place, or position, and a notation that the person is an incumbent if applicable; office held or sought, including any district, place, or position, if applicable; if the office is elected at large or by district; date of the election or the previous and next election for the office, as applicable; public mailing address and, if available, public telephone number and email address; and for a candidate for office, if the candidate has filed as a write-in candidate. The bill requires the secretary of state to make the name, office, and party affiliation of such an office or position holder available on the secretary of state's website for as long as the person holds that office. C.S.H.B. 380 requires the county with whom a declaration of candidacy or application for a place on the ballot is filed, a state or county chair of a political party, or the presiding officer of a political party's convention, as applicable, to provide the information to the secretary of state. The bill requires a political subdivision to provide information about a candidate or officeholder to the county in which the political subdivision is located and requires the county to then forward the information to the secretary of state. The bill requires the secretary of state to adopt rules as necessary to implement the incumbent and candidate database.
EFFECTIVE DATE January 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 380 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced required the election information database to include information provided by an election authority that is any political subdivision other than a county, the substitute does not, and requires the database instead to include information provided by an election authority that is a city or school district. The substitute includes a requirement that did not appear in the introduced for the duration of a term of office to be included among the information on each applicable election that is required to be posted on the election information database. The substitute changes the bill's effective date to provide for the bill to take effect January 1, 2025, with no possibility for immediate effect, whereas the introduced provided its possible immediate effect, contingent on receiving the requisite constitutional vote.
BACKGROUND AND PURPOSE
Current law requires the secretary of state to post certain candidate and officeholder information on the secretary's website. While this information includes various details about federal, statewide, and county-level offices, interested parties assert that the secretary of state could do more to centralize election information from all levels of government across the state. C.S.H.B. 380 requires the secretary of state to create and maintain two databases for posting comprehensive election, candidate, and officeholder information. The first database, for posting election information, will include notices for certain upcoming elections in the state and details relating to certain offices to be filled, including a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district. The second database, for incumbents and candidates, will contain information about holders of and candidates for partisan and nonpartisan elected offices at the state, regional, and local levels.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the secretary of state in SECTION 2 of this bill.
ANALYSIS
C.S.H.B. 380 amends the Election Code to require the secretary of state to post on the secretary's public website a database containing the following information on each election for a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district provided by each authority responsible for giving notice of an election in Texas or by a county that receives the information from such an authority:
the name of the authority;
each office to be filled at the election;
whether the office is elected at large or by district;
the duration of the term of office; and
the dates of the preceding and next election for the office.
The bill requires the secretary of state to adopt rules as necessary to implement the election information database.
C.S.H.B. 380 requires the authority responsible for giving notice of an election to electronically deliver the information on an election for a partisan office, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district for the election information database to the secretary of state in January of each year as follows:
as required by the secretary of state, if the authority is a county or political party; or
to the county in which the authority is located, if the authority is city or school district.
The bill requires a county that receives the information to forward the information to the secretary of state.
C.S.H.B. 380 requires the secretary of state to post on the secretary's website a database containing the following information about each holder of or candidate for a partisan elected office in Texas, the office of mayor, or a position on the governing body of a city or board of trustees of an independent school district:
name;
office title, including any district, place, or position, and a notation that the person is an incumbent if applicable;
office held or sought, including any district, place, or position, if applicable;
if the office is elected at large or by district;
date of the election or the previous and next election for the office, as applicable;
public mailing address and, if available, public telephone number and email address; and
for a candidate for office, if the candidate has filed as a write-in candidate.
The bill requires the secretary of state to make the name, office, and party affiliation of such an office or position holder available on the secretary of state's website for as long as the person holds that office.
C.S.H.B. 380 requires the county with whom a declaration of candidacy or application for a place on the ballot is filed, a state or county chair of a political party, or the presiding officer of a political party's convention, as applicable, to provide the information to the secretary of state. The bill requires a political subdivision to provide information about a candidate or officeholder to the county in which the political subdivision is located and requires the county to then forward the information to the secretary of state. The bill requires the secretary of state to adopt rules as necessary to implement the incumbent and candidate database.
EFFECTIVE DATE
January 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 380 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced required the election information database to include information provided by an election authority that is any political subdivision other than a county, the substitute does not, and requires the database instead to include information provided by an election authority that is a city or school district.
The substitute includes a requirement that did not appear in the introduced for the duration of a term of office to be included among the information on each applicable election that is required to be posted on the election information database.
The substitute changes the bill's effective date to provide for the bill to take effect January 1, 2025, with no possibility for immediate effect, whereas the introduced provided its possible immediate effect, contingent on receiving the requisite constitutional vote.