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.