Houston Democrats

HB 913

Mary Denny (R-Aubrey), who is chair of the House Elections Committee, proposed HB 913 that is sometimes called the "Ronnie Earle Bill" or the "Politician Protection Act" because it will essentially make it impossible to prosecute election law violations.

If enacted, HB 913 will create a special office within the Texas Election Commission responsible for conducting election code violations such as Travis County District Attorney Ronnie Earle's two-year investigation of the Texas Association of Business, Texans for a Republican Majority, and House Speaker Tom Craddick.

A prosecutor who wants to file charges for violations of the state election code will have to first notify the special office in writing and include a report describing the facts and circumstances of the alleged violation. The special office will then have 45 days to review the report and determine if an offense has been committed. A prosecutor may initiate a criminal investigation if the special office decides that an offense has been committed or if it does not make a decision about a case within the prescribed 45 day period. However, if the special office determines no offense has been committed, an attorney may not prosecute anyone for the alleged violation.

Denny claims her bill will aid "local prosecutors who need help filing complaints against local officeholders, such as justices of the peace or city council candidates and give such cases a higher profile (Source)." Apparently, she said that stymieing prosecutors "was the last thing on my mind" and that her "intent is not to make it so that the Ethics Commission has the final say (Source)." She acknowledged just days after filing her bill in early February that it may be flawed. However, she has not taken any action to amend HB 913.

It should be noted that the Texas Election Commission's eight members are all appointed by Governor Rick Perry, Lieutenant Governor David Dewhurst, and House Speaker Tom Craddick. Additionally, Mary Denny is a member of Tom Craddick’s leadership team, one of the people Ronnie Earle is investigating (See Off the Kuff). Furthermore, the Texas Election Commission has never issued a subpoena for witnesses or documents in connection with a complaint and never has recommended a case for criminal prosecution. Again Off the Kuff has more about this.

HB 3148

HB 3148, would eliminate civil lawsuits against candidates who violate campaign finance laws. It would allow political candidates and committees to violate legal restrictions on contributions without being subject to civil, monetary penalties.

Oddly, it was filed by Speaker Pro Tem Sylvester Turner (D-Houston), a member of Tom Craddick’s leadership team. According to Turner, the measure goes farther than he intended and he says that he will scale it back to only include minor violations of campaign-reporting requirements. When asked about the bill, he said that he would have to "look to see what’s all included in there" and that the bill came from another legislator Turner refused to identify. He should have looked to see what HB 3148 would do before he filed it.

HB 3148 repeals the sections of state law used by five losing Democrats to file a civil lawsuit alleging that Texans for a Republican Majority illegally used corporate cash to influence in the 2002 state elections. HB 3148 would not affect the outcome of the suit, but it will prevent similar suits from being filed in the future.

Turner says that he wants to restrict lawsuits brought over a candidate's failure to fully identify all political contributions, including addresses, on campaign finance filings. Honestly, this situation does not require legislation, but a careful proofreading of financial reports. If a candidate doesn't fully disclose their finances that should be their fault, and it should be possible to hold them accountable for it. If a candidate is not willing to disclose their financial sources, then maybe the candidate should not accept them in the first place.

I guess that means Turner does not support HB 1348 (note different number), the bi-partisan legislation to keep corporate and union money out of Texas elections. For more about HB 1348 see "Don't say the "magic words"" from March 10.

Contact Representative Mary Denny:
http://www.house.state.tx.us/members/email.php?dist=63&rep=mary.denny
Phone: (512) 463-0688
Fax: (512) 463-0658

Contact Speaker Tom Craddick:
http://www.house.state.tx.us/members/email.php?dist=82&rep=tom.craddick
Phone: (512) 463-1000
Fax: (512) 463-7722

Contact Representative Turner:
http://www.house.state.tx.us/members/email.php?dist=139&rep=sylvester.turner
Phone: (512) 463-0554
Fax: (512) 463-8380