By: Mowery H.B. No. 956
73R2678 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limits on political contributions to and direct
1-3 campaign expenditures made on behalf of certain officeholders,
1-4 candidates, and political committees; providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 253, Election Code, is amended by adding
1-7 Subchapter F to read as follows:
1-8 SUBCHAPTER F. CONTRIBUTION LIMITS
1-9 Sec. 253.151. LIMIT ON CONTRIBUTIONS BY INDIVIDUAL OR
1-10 POLITICAL COMMITTEE. (a) An individual or political committee may
1-11 not knowingly make or authorize political contributions that in the
1-12 aggregate exceed $5,000 to:
1-13 (1) an officeholder;
1-14 (2) a candidate;
1-15 (3) a specific-purpose committee for:
1-16 (A) assisting an officeholder; or
1-17 (B) supporting or opposing a candidate;
1-18 (4) a combination of an officeholder and a related
1-19 committee;
1-20 (5) a combination of a candidate and a related
1-21 committee; or
1-22 (6) a combination of related committees for:
1-23 (A) assisting an officeholder; or
1-24 (B) supporting or opposing a candidate.
2-1 (b) The limit provided by Subsection (a) applies with
2-2 respect to each election cycle in which the candidate or
2-3 officeholder is involved.
2-4 (c) A person may not knowingly accept political
2-5 contributions made or authorized in violation of this section.
2-6 (d) A candidate or officeholder who has accepted a political
2-7 contribution from an individual or political committee that, when
2-8 aggregated with political contributions accepted from the
2-9 individual or committee by a related committee, exceeds the limit
2-10 prescribed by Subsection (a), shall, not later than the third day
2-11 after the date the candidate or officeholder receives notice of
2-12 acceptance of a contribution by a related committee on behalf of
2-13 the candidate or officeholder under Section 254.1281, return to the
2-14 individual or committee the lesser of:
2-15 (1) the amount by which the contributions accepted by
2-16 the candidate or officeholder and the related committee exceed the
2-17 limit prescribed by Subsection (a); or
2-18 (2) the total amount of contributions accepted from
2-19 the individual or committee by the candidate or officeholder.
2-20 (e) A person who violates this section commits an offense.
2-21 An offense under this section is a Class A misdemeanor.
2-22 (f) In this section:
2-23 (1) "Election cycle" means:
2-24 (A) the primary election, runoff primary
2-25 election, if any, and general election for an office for which a
2-26 primary election is held;
2-27 (B) the general election and runoff election, if
3-1 any, for an office for which a primary election is not held; or
3-2 (C) a special election and runoff election, if
3-3 any.
3-4 (2) "Related committee" means:
3-5 (A) with regard to an officeholder, a
3-6 specific-purpose committee for assisting the officeholder; and
3-7 (B) with regard to a candidate, a
3-8 specific-purpose committee for supporting the candidate or opposing
3-9 the candidate's opponent.
3-10 (3) "With respect to an election cycle" means:
3-11 (A) with regard to a contribution that is
3-12 designated in writing for a particular election, the election cycle
3-13 that includes the election designated; or
3-14 (B) with regard to a contribution that is not
3-15 designated in writing for a particular election or that is
3-16 designated as an officeholder contribution, the election cycle that
3-17 includes the next election for that office occurring after the
3-18 contribution is made.
3-19 Sec. 253.152. DIRECT CAMPAIGN EXPENDITURES BY INDIVIDUAL OR
3-20 POLITICAL COMMITTEE. (a) For purposes of Section 253.151, a
3-21 direct campaign expenditure is considered to be a campaign
3-22 contribution to a candidate if it is made by an individual or a
3-23 political committee with the cooperation or prior consent of, in
3-24 consultation with, or at the suggestion of:
3-25 (1) the candidate;
3-26 (2) a specific-purpose committee for supporting the
3-27 candidate or opposing the candidate's opponent; or
4-1 (3) a person acting with the candidate's knowledge and
4-2 consent.
4-3 (b) An individual who makes a direct campaign expenditure
4-4 covered by Subsection (a) shall give notice of that fact to the
4-5 affected candidate or officeholder as provided by Section 254.128
4-6 for a specific-purpose committee and shall include the amount of
4-7 the direct campaign expenditure in the notice.
4-8 (c) A political committee that makes a direct campaign
4-9 expenditure covered by Subsection (a) shall include the amount of
4-10 the direct campaign expenditure in the notice required by Section
4-11 254.128 or 254.161, as applicable.
4-12 SECTION 2. Section 254.061, Election Code, is amended to
4-13 read as follows:
4-14 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
4-15 to the contents required by Section 254.031, each report by a
4-16 candidate must include:
4-17 (1) the candidate's full name and address, the office
4-18 sought, and the identity and date of the election for which the
4-19 report is filed;
4-20 (2) the campaign treasurer's name, residence or
4-21 business street address, and telephone number;
4-22 (3) for each political committee from which the
4-23 candidate received notice under Section 254.128 or 254.161:
4-24 (A) the committee's full name and address;
4-25 (B) an indication of whether the committee is a
4-26 general-purpose committee or a specific-purpose committee; and
4-27 (C) the full name and address of the committee's
5-1 campaign treasurer;
5-2 (4) the full name and address of each individual
5-3 acting as a campaign treasurer of a political committee under
5-4 Section 253.062 from whom the candidate received notice under
5-5 Section 254.128 or 254.161; <and>
5-6 (5) on a separate page or pages of the report, the
5-7 identification of any payment from political contributions made to
5-8 a business in which the candidate has a participating interest of
5-9 more than 10 percent, holds a position on the governing body of the
5-10 business, or serves as an officer of the business; and
5-11 (6) the amount of political contributions from each
5-12 individual or political committee of which the candidate has
5-13 received notice under Section 254.1281, the full name and address
5-14 of the individual or political committee making the contributions
5-15 and the specific-purpose committee accepting the contributions, and
5-16 the dates of the contributions.
5-17 SECTION 3. Section 254.091, Election Code, is amended to
5-18 read as follows:
5-19 Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition
5-20 to the contents required by Section 254.031, each report by an
5-21 officeholder must include:
5-22 (1) the officeholder's full name and address and the
5-23 office held;
5-24 (2) for each political committee from which the
5-25 officeholder received notice under Section 254.128 or 254.161:
5-26 (A) the committee's full name and address;
5-27 (B) an indication of whether the committee is a
6-1 general-purpose committee or a specific-purpose committee; and
6-2 (C) the full name and address of the committee's
6-3 campaign treasurer; <and>
6-4 (3) on a separate page or pages of the report, the
6-5 identification of any payment from political contributions made to
6-6 a business in which the officeholder has a participating interest
6-7 of more than 10 percent, holds a position on the governing body of
6-8 the business, or serves as an officer of the business; and
6-9 (4) the amount of political contributions from each
6-10 individual or political committee of which the officeholder has
6-11 received notice under Section 254.1281, the full name and address
6-12 of the individual or political committee making the contributions
6-13 and the specific-purpose committee accepting the contributions, and
6-14 the dates of the contributions.
6-15 SECTION 4. Section 254.128(a), Election Code, is amended to
6-16 read as follows:
6-17 (a) Except as provided by Section 254.1281, if <If> a
6-18 specific-purpose committee accepts political contributions or makes
6-19 political expenditures for a candidate or officeholder, the
6-20 committee's campaign treasurer shall deliver written notice of that
6-21 fact to the affected candidate or officeholder not later than the
6-22 end of the period covered by the report in which the reportable
6-23 activity occurs.
6-24 SECTION 5. Subchapter E, Chapter 254, Election Code, is
6-25 amended by adding Section 254.1281 to read as follows:
6-26 Sec. 254.1281. NOTICE TO CANDIDATE OR OFFICEHOLDER OF
6-27 CONTRIBUTIONS FROM INDIVIDUAL OR POLITICAL COMMITTEE. (a) If a
7-1 specific-purpose committee accepts political contributions from an
7-2 individual or political committee for a candidate or officeholder,
7-3 the specific-purpose committee's campaign treasurer shall deliver
7-4 written notice of that fact to the affected candidate or
7-5 officeholder not later than the third day after the date the
7-6 specific-purpose committee accepts the contribution.
7-7 (b) The notice must include:
7-8 (1) the full name and address of the individual making
7-9 the contribution or of the political committee making the
7-10 contribution and its campaign treasurer;
7-11 (2) the full name and address of the specific-purpose
7-12 committee accepting the contribution and its campaign treasurer and
7-13 an indication that the committee is a specific-purpose committee;
7-14 and
7-15 (3) the amount and date of the contribution.
7-16 (c) A specific-purpose committee that notifies a candidate
7-17 or officeholder of a contribution under this section does not need
7-18 to deliver a separate notice of the contribution under Section
7-19 254.128.
7-20 (d) A campaign treasurer commits an offense if the campaign
7-21 treasurer fails to comply with this section. An offense under this
7-22 section is a Class A misdemeanor.
7-23 SECTION 6. This Act takes effect September 1, 1993, and
7-24 applies only to a political contribution made or accepted, or a
7-25 direct campaign expenditure made, on or after that date. A
7-26 political contribution made or accepted, or a direct campaign
7-27 expenditure made, before that date is not aggregated with political
8-1 contributions made or accepted, or a direct campaign expenditure
8-2 made, on or after that date for purposes of Section 253.151,
8-3 Election Code, as added by this Act.
8-4 SECTION 7. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.