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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting by a candidate or officeholder of notice |
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of certain political expenditures made by a political committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.041(c), Election Code, is amended to |
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read as follows: |
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(c) A violation of Subsection (a)(3) by a candidate or |
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officeholder is a Class A misdemeanor if the report fails to include |
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information required by Section 254.061(a)(3) [254.061(3)] or |
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Section 254.091(a)(2) [254.091(2)], as applicable. |
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SECTION 2. Section 254.061, Election Code, is amended to |
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read as follows: |
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Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. (a) In |
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addition to the contents required by Section 254.031, each report |
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by a candidate must include: |
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(1) the candidate's full name and address, the office |
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sought, and the identity and date of the election for which the |
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report is filed; |
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(2) the campaign treasurer's name, residence or |
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business street address, and telephone number; |
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(3) for each political committee from which the |
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candidate received notice, other than notice for a political |
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expenditure described by Subsection (b), under Section 254.128 or |
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254.161: |
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(A) the committee's full name and address; |
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(B) an indication of whether the committee is a |
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general-purpose committee or a specific-purpose committee; and |
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(C) the full name and address of the committee's |
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campaign treasurer; and |
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(4) on a separate page or pages of the report, the |
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identification of any payment from political contributions made to |
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a business in which the candidate has a participating interest of |
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more than 10 percent, holds a position on the governing body of the |
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business, or serves as an officer of the business. |
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(b) A candidate who receives notice from a political |
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committee under Section 254.128 or 254.161 of a political |
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expenditure made for the candidate is not required to include in a |
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report the information described by Subsection (a)(3) if: |
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(1) the political expenditure was made in connection |
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with the dissemination of materials, including political |
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advertising, that claim to be endorsed by or made on behalf of the |
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candidate; and |
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(2) the candidate had no prior knowledge of and did not |
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consent to the dissemination of the materials. |
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SECTION 3. Section 254.091, Election Code, is amended to |
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read as follows: |
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Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. (a) In |
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addition to the contents required by Section 254.031, each report |
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by an officeholder must include: |
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(1) the officeholder's full name and address and the |
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office held; |
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(2) for each political committee from which the |
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officeholder received notice, other than notice for a political |
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expenditure described by Subsection (b), under Section 254.128 or |
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254.161: |
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(A) the committee's full name and address; |
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(B) an indication of whether the committee is a |
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general-purpose committee or a specific-purpose committee; and |
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(C) the full name and address of the committee's |
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campaign treasurer; and |
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(3) on a separate page or pages of the report, the |
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identification of any payment from political contributions made to |
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a business in which the officeholder has a participating interest |
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of more than 10 percent, holds a position on the governing body of |
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the business, or serves as an officer of the business. |
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(b) An officeholder who receives notice from a political |
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committee under Section 254.128 or 254.161 of a political |
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expenditure made for the officeholder is not required to include in |
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a report the information described by Subsection (a)(2) if: |
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(1) the political expenditure was made in connection |
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with the dissemination of materials, including political |
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advertising, that claim to be endorsed by or made on behalf of the |
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officeholder; and |
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(2) the officeholder had no prior knowledge of and did |
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not consent to the dissemination of the materials. |
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SECTION 4. The changes in law made by this Act apply only to |
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a report required to be filed under Chapter 254, Election Code, on |
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or after the effective date of this Act. A report required to be |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the report was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |