By:  Brady                                            H.B. No. 1997
       73R2075(1) ESH
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to limits on political contributions and direct campaign
    1-3  expenditures made by individuals and general-purpose committees to
    1-4  certain officeholders, candidates, and political committees;
    1-5  providing criminal penalties.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 253, Election Code, is amended by adding
    1-8  Subchapter F to read as follows:
    1-9                  SUBCHAPTER F.  CONTRIBUTION LIMITS
   1-10        Sec. 253.151.  LIMIT ON CONTRIBUTIONS BY INDIVIDUAL OR
   1-11  GENERAL-PURPOSE COMMITTEE.  (a)  An individual may not knowingly
   1-12  make or authorize political contributions that in the aggregate
   1-13  exceed $1,000 to:
   1-14              (1)  an officeholder;
   1-15              (2)  a candidate;
   1-16              (3)  a specific-purpose committee for:
   1-17                    (A)  assisting an officeholder; or
   1-18                    (B)  supporting or opposing a candidate;
   1-19              (4)  a combination of an officeholder and a related
   1-20  committee;
   1-21              (5)  a combination of a candidate and a related
   1-22  committee; or
   1-23              (6)  a combination of related committees for:
   1-24                    (A)  assisting an officeholder; or
    2-1                    (B)  supporting or opposing a candidate.
    2-2        (b)  A general-purpose committee may not knowingly make or
    2-3  authorize political contributions that in the aggregate exceed
    2-4  $5,000 to:
    2-5              (1)  an officeholder;
    2-6              (2)  a candidate;
    2-7              (3)  a specific-purpose committee for:
    2-8                    (A)  assisting an officeholder; or
    2-9                    (B)  supporting or opposing a candidate;
   2-10              (4)  a combination of an officeholder and a related
   2-11  committee;
   2-12              (5)  a combination of a candidate and a related
   2-13  committee; or
   2-14              (6)  a combination of related committees for:
   2-15                    (A)  assisting an officeholder; or
   2-16                    (B)  supporting or opposing a candidate.
   2-17        (c)  The limits provided by Subsections (a) and (b) apply
   2-18  with respect to each election in which the candidate or
   2-19  officeholder is involved.
   2-20        (d)  A person may not knowingly accept political
   2-21  contributions made or authorized in violation of this section.
   2-22        (e)  A candidate or officeholder who has accepted a political
   2-23  contribution from an individual or a general-purpose committee
   2-24  that, when aggregated with political contributions accepted from
   2-25  the individual or general-purpose committee by a related committee,
   2-26  exceeds the limit provided by Subsection (a) or (b), shall, not
   2-27  later than the third day after the date the candidate or
    3-1  officeholder receives notice of acceptance of a contribution by a
    3-2  related committee on behalf of the candidate or officeholder under
    3-3  Section 254.1281, return to the individual or general-purpose
    3-4  committee the lesser of:
    3-5              (1)  the amount by which the contributions accepted by
    3-6  the candidate or officeholder and the related committee exceed the
    3-7  limit stated in Subsection (a) or (b); or
    3-8              (2)  the total amount of contributions accepted from
    3-9  the individual or general-purpose committee by the candidate or
   3-10  officeholder.
   3-11        (f)  A person who violates this section commits an offense.
   3-12  An offense under this section is a Class A misdemeanor.
   3-13        (g)  In this section:
   3-14              (1)  "Election" means a primary, general, special, or
   3-15  runoff election.
   3-16              (2)  "Related committee" means:
   3-17                    (A)  with regard to an officeholder, a
   3-18  specific-purpose committee for assisting the officeholder; and
   3-19                    (B)  with regard to a candidate, a
   3-20  specific-purpose committee for supporting the candidate or opposing
   3-21  the candidate's opponent.
   3-22              (3)  "With respect to an election" means:
   3-23                    (A)  with regard to a contribution that is
   3-24  designated in writing for a particular election, the election
   3-25  designated; or
   3-26                    (B)  with regard to a contribution that is not
   3-27  designated in writing for a particular election or that is
    4-1  designated as an officeholder contribution, the next election for
    4-2  that office occurring after the contribution is made.
    4-3        Sec. 253.152.  DIRECT CAMPAIGN EXPENDITURES BY INDIVIDUAL OR
    4-4  GENERAL-PURPOSE COMMITTEE.  (a)  For purposes of Section 253.151, a
    4-5  direct campaign expenditure is considered to be a campaign
    4-6  contribution to a candidate if it is made by an individual or a
    4-7  general-purpose committee with the cooperation or prior consent of,
    4-8  in consultation with, or at the suggestion of:
    4-9              (1)  the candidate;
   4-10              (2)  a specific-purpose committee for supporting the
   4-11  candidate or opposing the candidate's opponent; or
   4-12              (3)  a person acting with the candidate's knowledge and
   4-13  consent.
   4-14        (b)  An individual who makes a direct campaign expenditure
   4-15  covered by Subsection (a) shall give notice of that fact to the
   4-16  affected candidate or officeholder as provided by Section 254.128
   4-17  for a specific-purpose committee and shall include the amount of
   4-18  the direct campaign expenditure in the notice.
   4-19        (c)  A general-purpose committee that makes a direct campaign
   4-20  expenditure covered by Subsection (a) shall include the amount of
   4-21  the direct campaign expenditure in the notice required by Section
   4-22  254.161.
   4-23        Sec. 253.153.  LIMIT ON CONTRIBUTIONS BY INDIVIDUAL TO
   4-24  CERTAIN COMMITTEES.  (a)  An individual may not knowingly make or
   4-25  authorize political contributions in a calendar year that in the
   4-26  aggregate exceed $5,000 to:
   4-27              (1)  a specific-purpose committee for supporting or
    5-1  opposing a measure; or
    5-2              (2)  a general-purpose committee.
    5-3        (b)  A political committee may not knowingly accept political
    5-4  contributions in violation of Subsection (a).
    5-5        (c)  An individual who violates this section commits an
    5-6  offense.  An offense under this section is a Class A misdemeanor.
    5-7        Sec. 253.154.  ANNUAL LIMIT ON TOTAL CONTRIBUTIONS BY
    5-8  INDIVIDUAL.  (a)  Subject to the limits provided by Sections
    5-9  253.151 and 253.153, an individual may not knowingly make or
   5-10  authorize political contributions in a calendar year that in the
   5-11  aggregate exceed $25,000.
   5-12        (b)  For purposes of this section, a campaign contribution
   5-13  made to a candidate or to a specific-purpose committee for
   5-14  supporting or opposing a candidate in a year other than the year in
   5-15  which the election with respect to which the contribution is made
   5-16  occurs is considered to be made in the year in which the election
   5-17  occurs.
   5-18        (c)  An individual who violates this section commits an
   5-19  offense.  An offense under this section is a Class A misdemeanor.
   5-20        SECTION 2.  Section 254.061, Election Code, is amended to
   5-21  read as follows:
   5-22        Sec. 254.061.  ADDITIONAL CONTENTS OF REPORTS.  In addition
   5-23  to the contents required by Section 254.031, each report by a
   5-24  candidate must include:
   5-25              (1)  the candidate's full name and address, the office
   5-26  sought, and the identity and date of the election for which the
   5-27  report is filed;
    6-1              (2)  the campaign treasurer's name, residence or
    6-2  business street address, and telephone number;
    6-3              (3)  for each political committee from which the
    6-4  candidate received notice under Section 254.128 or 254.161:
    6-5                    (A)  the committee's full name and address;
    6-6                    (B)  an indication of whether the committee is a
    6-7  general-purpose committee or a specific-purpose committee; and
    6-8                    (C)  the full name and address of the committee's
    6-9  campaign treasurer;
   6-10              (4)  the full name and address of each individual
   6-11  acting as a campaign treasurer of a political committee under
   6-12  Section 253.062 from whom the candidate received notice under
   6-13  Section 254.128 or 254.161; <and>
   6-14              (5)  on a separate page or pages of the report, the
   6-15  identification of any payment from political contributions made to
   6-16  a business in which the candidate has a participating interest of
   6-17  more than 10 percent, holds a position on the governing body of the
   6-18  business, or serves as an officer of the business; and
   6-19              (6)  the amount of political contributions from each
   6-20  individual or general-purpose committee of which the candidate has
   6-21  received notice under Section 254.1281, the full name and address
   6-22  of the individual or general-purpose committee making the
   6-23  contributions and the specific-purpose committee accepting the
   6-24  contributions, and the dates of the contributions.
   6-25        SECTION 3.  Section 254.091, Election Code, is amended to
   6-26  read as follows:
   6-27        Sec. 254.091.  ADDITIONAL CONTENTS OF REPORTS.  In addition
    7-1  to the contents required by Section 254.031, each report by an
    7-2  officeholder must include:
    7-3              (1)  the officeholder's full name and address and the
    7-4  office held;
    7-5              (2)  for each political committee from which the
    7-6  officeholder received notice under Section 254.128 or 254.161:
    7-7                    (A)  the committee's full name and address;
    7-8                    (B)  an indication of whether the committee is a
    7-9  general-purpose committee or a specific-purpose committee; and
   7-10                    (C)  the full name and address of the committee's
   7-11  campaign treasurer; <and>
   7-12              (3)  on a separate page or pages of the report, the
   7-13  identification of any payment from political contributions made to
   7-14  a business in which the officeholder has a participating interest
   7-15  of more than 10 percent, holds a position on the governing body of
   7-16  the business, or serves as an officer of the business; and
   7-17              (4)  the amount of political contributions from each
   7-18  individual or general-purpose committee of which the officeholder
   7-19  has received notice under Section 254.1281, the full name and
   7-20  address of the individual or general-purpose committee making the
   7-21  contributions and the specific-purpose committee accepting the
   7-22  contributions, and the dates of the contributions.
   7-23        SECTION 4.  Section 254.128(a), Election Code, is amended to
   7-24  read as follows:
   7-25        (a)  Except as provided by Section 254.1281, if  <If> a
   7-26  specific-purpose committee accepts political contributions or makes
   7-27  political expenditures for a candidate or officeholder, the
    8-1  committee's campaign treasurer shall deliver written notice of that
    8-2  fact to the affected candidate or officeholder not later than the
    8-3  end of the period covered by the report in which the reportable
    8-4  activity occurs.
    8-5        SECTION 5.  Subchapter E, Chapter 254, Election Code, is
    8-6  amended by adding Section 254.1281 to read as follows:
    8-7        Sec. 254.1281.  NOTICE TO CANDIDATE OR OFFICEHOLDER OF
    8-8  CONTRIBUTIONS FROM INDIVIDUAL OR GENERAL-PURPOSE COMMITTEE.
    8-9  (a)  If a specific-purpose committee accepts political
   8-10  contributions from an individual or general-purpose committee for a
   8-11  candidate or officeholder, the specific-purpose committee's
   8-12  campaign treasurer shall deliver written notice of that fact to the
   8-13  affected candidate or officeholder not later than the third day
   8-14  after the date the specific-purpose committee accepts the
   8-15  contribution.
   8-16        (b)  The notice must include:
   8-17              (1)  the full name and address of the individual or of
   8-18  the specific-purpose committee and its campaign treasurer and an
   8-19  indication that the committee is a specific-purpose committee;
   8-20              (2)  the full name and address of the general-purpose
   8-21  committee and its campaign treasurer and an indication that the
   8-22  committee is a general-purpose committee; and
   8-23              (3)  the amount and date of the contribution.
   8-24        (c)  A specific-purpose committee that notifies a candidate
   8-25  or officeholder of a contribution under this section does not need
   8-26  to deliver a separate notice of the contribution under Section
   8-27  254.128.
    9-1        (d)  A campaign treasurer commits an offense if the campaign
    9-2  treasurer fails to comply with this section.  An offense under this
    9-3  section is a Class A misdemeanor.
    9-4        SECTION 6.  This Act takes effect September 1, 1993, and
    9-5  applies only to a political contribution made or accepted, or a
    9-6  direct campaign expenditure made, on or after that date.  A
    9-7  political contribution made or accepted, or a direct campaign
    9-8  expenditure made, before that date is not aggregated with political
    9-9  contributions made or accepted, or a direct campaign expenditure
   9-10  made, on or after that date for purposes of Section 253.151,
   9-11  253.153, or 253.154, Election Code, as added by this Act.
   9-12        SECTION 7.  The importance of this legislation and the
   9-13  crowded condition of the calendars in both houses create an
   9-14  emergency   and   an   imperative   public   necessity   that   the
   9-15  constitutional rule requiring bills to be read on three several
   9-16  days in each house be suspended, and this rule is hereby suspended.