Texas 2025 89th Regular

Texas House Bill HB1804 House Committee Report / Fiscal Note

Filed 04/17/2025

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                    LEGISLATIVE BUDGET BOARD     Austin, Texas       FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION             April 15, 2025       TO: Honorable Ken King, Chair, House Committee on State Affairs     FROM: Jerry McGinty, Director, Legislative Budget Board      IN RE: HB1804 by Tepper (relating to compliance with the filing requirements of certain reports of political contributions and expenditures and financial statements, including as a qualification for public elective office; providing an administrative penalty.), Committee Report 1st House, Substituted     Estimated Two-year Net Impact to General Revenue Related Funds for HB1804, Committee Report 1st House, Substituted: a negative impact of ($471,865) through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2026($238,742)2027($233,123)2028($233,123)2029($233,123)2030($233,123)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20252026($238,742)2.02027($233,123)2.02028($233,123)2.02029($233,123)2.02030($233,123)2.0 Fiscal AnalysisThe bill would amend the Election Code related to filing requirement for public elective office.  It would make individuals ineligible to be a candidate for public office if certain financial reports required of the candidate were not filed within a specified period after the due dates of these reports.  Upon delivery of a notice a specified period after the due date of the report, the relevant election authority would declare the person ineligible under certain circumstances.The bill would require the Texas Ethics Commission (TEC) to monitor the filing status of candidates for public office as posted by election authorities.  Upon determining the authority had not complied with the provisions of the bill relating to ineligibility, the TEC would be authorized to assess a penalty of up to $5,000 on the election authority in certain cases of non-compliance.The bill would allow for the removal of certain public officers from their offices in the event that they are determined to be ineligible under the provisions of this bill.

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 15, 2025



TO: Honorable Ken King, Chair, House Committee on State Affairs     FROM: Jerry McGinty, Director, Legislative Budget Board      IN RE: HB1804 by Tepper (relating to compliance with the filing requirements of certain reports of political contributions and expenditures and financial statements, including as a qualification for public elective office; providing an administrative penalty.), Committee Report 1st House, Substituted

TO: Honorable Ken King, Chair, House Committee on State Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB1804 by Tepper (relating to compliance with the filing requirements of certain reports of political contributions and expenditures and financial statements, including as a qualification for public elective office; providing an administrative penalty.), Committee Report 1st House, Substituted



Honorable Ken King, Chair, House Committee on State Affairs

Honorable Ken King, Chair, House Committee on State Affairs

Jerry McGinty, Director, Legislative Budget Board

Jerry McGinty, Director, Legislative Budget Board

HB1804 by Tepper (relating to compliance with the filing requirements of certain reports of political contributions and expenditures and financial statements, including as a qualification for public elective office; providing an administrative penalty.), Committee Report 1st House, Substituted

HB1804 by Tepper (relating to compliance with the filing requirements of certain reports of political contributions and expenditures and financial statements, including as a qualification for public elective office; providing an administrative penalty.), Committee Report 1st House, Substituted

Estimated Two-year Net Impact to General Revenue Related Funds for HB1804, Committee Report 1st House, Substituted: a negative impact of ($471,865) through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Estimated Two-year Net Impact to General Revenue Related Funds for HB1804, Committee Report 1st House, Substituted: a negative impact of ($471,865) through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five- Year Impact:


2026 ($238,742)
2027 ($233,123)
2028 ($233,123)
2029 ($233,123)
2030 ($233,123)



All Funds, Five-Year Impact:


2026 ($238,742) 2.0
2027 ($233,123) 2.0
2028 ($233,123) 2.0
2029 ($233,123) 2.0
2030 ($233,123) 2.0



Fiscal Analysis

The bill would amend the Election Code related to filing requirement for public elective office.  It would make individuals ineligible to be a candidate for public office if certain financial reports required of the candidate were not filed within a specified period after the due dates of these reports.  Upon delivery of a notice a specified period after the due date of the report, the relevant election authority would declare the person ineligible under certain circumstances.The bill would require the Texas Ethics Commission (TEC) to monitor the filing status of candidates for public office as posted by election authorities.  Upon determining the authority had not complied with the provisions of the bill relating to ineligibility, the TEC would be authorized to assess a penalty of up to $5,000 on the election authority in certain cases of non-compliance.The bill would allow for the removal of certain public officers from their offices in the event that they are determined to be ineligible under the provisions of this bill.

Methodology

According to the Texas Ethics Commission, the bill would require two additional FTEs (Attorney III at $110,000 per year and Legal Assistant III at $65,000 per year) to monitor the websites of election authorities for compliance, to send notice letters, and to prepare enforcement actions.  Associated benefits for these two FTEs would be $58,123 per year with an additional $5,619 in startup costs in fiscal year 2026.

Local Government Impact

The fiscal implications of the bill on local jurisdictions related to penalties due to non-compliance cannot be determined at this time.  It is assumed that costs related to increased monitoring could be absorbed within existing resources.

Source Agencies: b > td > 304 Comptroller of Public Accounts, 356 Texas Ethics Commission



304 Comptroller of Public Accounts, 356 Texas Ethics Commission

LBB Staff: b > td > JMc, WP, GP, LCO



JMc, WP, GP, LCO