By Maxey H.B. No. 2803
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of the speaker of the house of
1-3 representatives and political campaign funds used in a campaign for
1-4 speaker of the house of representatives; providing civil and
1-5 criminal penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1.01. Section 302.011, Government Code, is amended
1-8 by amending Subdivision (3) and adding Subdivision (4) to read as
1-9 follows:
1-10 (3) "Campaign funds" means the speaker candidate's
1-11 personal funds that are devoted to the campaign for speaker and any
1-12 money, services, or other things of value that are contributed or
1-13 loaned to the speaker candidate for use in the candidate's campaign
1-14 for speaker. The term includes interest and other income earned or
1-15 paid on those funds.
1-16 (4) "Commission" means the Texas Ethics Commission.
1-17 SECTION 1.02. Subchapter B, Chapter 302, Government Code, is
1-18 amended by adding Section 302.0115 to read as follows:
1-19 Sec. 302.0115. DECLARATION OF CANDIDACY. A speaker
1-20 candidate may not solicit or accept campaign funds or a pledge for
1-21 campaign funds, and may not make an expenditure from campaign funds
1-22 consisting of the speaker candidate's personal funds that are
1-23 devoted to the campaign for speaker, unless the candidate has filed
2-1 a declaration of candidacy with the commission on a form prescribed
2-2 by the commission.
2-3 SECTION 1.03. Subchapter B, Chapter 302, Government Code, is
2-4 amended by adding Section 302.0125 to read as follows:
2-5 Sec. 302.0125. SEPARATE ACCOUNT FOR CAMPAIGN FUNDS. (a)
2-6 Campaign funds must be maintained in a separate account that
2-7 contains only campaign funds.
2-8 (b) Campaign funds may not be commingled with other funds.
2-9 SECTION 1.04. Section 302.013, Government Code, is amended
2-10 to read as follows:
2-11 Sec. 302.013. Filing of Statement of Contributions, Loans,
2-12 and Expenditures. (a) Each speaker candidate shall file a sworn
2-13 statement with the commission <secretary of state> listing the
2-14 information required by Section 302.014.
2-15 (b) Each speaker candidate shall file the statement on:
2-16 (1) the first filing date after the date the
2-17 declaration of candidacy is filed under Section 302.0115
2-18 <announcement or initiation of the candidacy;>
2-19 (2) each filing date during the candidacy; and
2-20 (3) each filing date until all campaign loans have
2-21 been repaid.
2-22 (c) The filing dates are:
2-23 (1) the first day of January, March, May, July,
2-24 September, and November;
2-25 (2) <and> the day before each regular or called session
3-1 of the legislature convenes; and
3-2 (3) the day before each vote is taken on the election
3-3 of the speaker of the house of representative.
3-4 (d) Each speaker candidate shall file the statement on an
3-5 official form designed by the commission <secretary of state>.
3-6 (e) A statement filed under this chapter without being
3-7 sworn, or filed with a defective oath or affidavit of verification,
3-8 is covered by Section 1.121, Chapter 304, Acts of the 72nd
3-9 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
3-10 Texas Civil Statutes).
3-11 SECTION 1.05. Section 302.014, Government Code, is amended
3-12 to read as follows:
3-13 Sec. 302.014. Contents of Statement. (a) Each statement
3-14 must list the following information for the period since the last
3-15 filing date:
3-16 (1) each contribution of money the speaker candidate
3-17 or the speaker candidate's agent, servant, staff member, or
3-18 employee received for the campaign, the complete name and address
3-19 of the contributor, and the date and amount of the contribution;
3-20 (2) each contribution of services and other things of
3-21 value other than money that the speaker candidate or the speaker
3-22 candidate's agent, servant, staff member, or employee received for
3-23 the campaign, the nature of the contribution, the complete name and
3-24 address of the contributor, and the date and value of the
3-25 contribution;
4-1 (3) each loan made to the speaker candidate or to the
4-2 speaker candidate's agent, servant, staff member, or employee for
4-3 the campaign, including all loans listed in previous filings that
4-4 are as yet unpaid or that were paid during the period covered by
4-5 the present filing, the complete name and address of the lender and
4-6 each person other than the speaker candidate who is responsible on
4-7 the note, the date and amount of the note, the intended source of
4-8 funds to repay the note, and any payments already made on the note
4-9 and the source of the payments; <and>
4-10 (4) each expenditure of campaign funds that the
4-11 speaker candidate or the speaker candidate's agent, servant, staff
4-12 member, or employee made for the campaign, the complete name and
4-13 address of each person to whom a payment of more than $10 was made,
4-14 and the purpose of each expenditure;
4-15 (5) the total amount of interest and other income
4-16 earned on campaign funds; and
4-17 (6) the percentage of campaign funds reportable for
4-18 that period that are:
4-19 (A) expenditures from the speaker candidate's
4-20 personal funds;
4-21 (B) contributions or loans from persons required
4-22 to register under Chapter 305 and from employers of those persons;
4-23 (C) contributions or loans from individuals
4-24 related to the speaker candidate within the third degree by
4-25 consanguinity or the second degree by affinity; and
5-1 (D) contributions or loans from sources other
5-2 than the sources described by Paragraphs (A)-(C).
5-3 (b) For the period since the speaker candidate filed a
5-4 declaration of candidacy under Section 302.0115, each statement
5-5 must list the cumulative amounts for each category under Subsection
5-6 (a).
5-7 SECTION 1.06. Section 302.015, Government Code, is amended
5-8 to read as follows:
5-9 Sec. 302.015. Requisites of Filing. (a) Except as provided
5-10 by Subsection (b), a statement is considered to be filed in
5-11 compliance with this subchapter if the postmark shows that it was
5-12 sent to the commission <secretary of state> at the commission's
5-13 <his> official post office address by registered or certified mail
5-14 from any point in this state before the filing deadline.
5-15 (b) A statement required to be filed on the day before a
5-16 regular or called session convenes must actually be delivered and
5-17 in the possession of the commissions <secretary of state> not later
5-18 than 4 p.m. of that day.
5-19 SECTION 1.07. Subchapter B, Chapter 302, Government Code, is
5-20 amended by adding Section 302.0181 to read as follows:
5-21 Sec. 302.0181. PROHIBITION ON USE OF POLITICAL
5-22 CONTRIBUTIONS. A speaker candidate who accepts political
5-23 contributions under Title 15, Election Code, may not use those
5-24 contributions in the candidate's campaign for speaker.
5-25 SECTION 1.08. Section 302.020, Government Code, is amended
6-1 to read as follows:
6-2 Sec. 302.020. Permitted Expenditures. A speaker candidate
6-3 may expend campaign funds for:
6-4 (1) travel for the speaker candidate and the speaker
6-5 candidate's immediate family and campaign staff;
6-6 (2) the employment of clerks and stenographers;
6-7 (3) clerical and stenographic supplies;
6-8 (4) printing and stationery;
6-9 (5) office rent;
6-10 (6) telephone, telegraph, postage, freight, and
6-11 express expenses;
6-12 (7) advertising and publicity;
6-13 (8) the expenses of holding political and other
6-14 meetings designed to promote the candidacy;
6-15 (9) the employment of legal counsel; <and>
6-16 (10) the retirement of campaign loans.
6-17 (11) payment of federal income taxes due on interest
6-18 or other income earned on campaign funds; and
6-19 (12) a disposition authorized by Section 302.025.
6-20 SECTION 1.09. Section 302.021(a), Government Code, is
6-21 amended to read as follows:
6-22 (a) A speaker candidate commits an offense if the speaker
6-23 candidate:
6-24 (1) willfully fails to file the statement required by
6-25 Section 302.013;
7-1 (2) knowingly receives a contribution, loan, or
7-2 promise of a contribution or loan prohibited by Section 302.017
7-3 from a corporation, partnership, association, firm, union,
7-4 foundation, committee, club, or other organization or group of
7-5 persons; <or>
7-6 (3) expends campaign funds for any purpose other than
7-7 those enumerated in Section 302.020; or
7-8 (4) uses political contributions in violation of
7-9 Section 305.0181.
7-10 SECTION 1.10. Subchapter B, Chapter 302, Government Code, is
7-11 amended by adding Sections 302.023-302.028 to read as follows:
7-12 Sec. 302.023. TERMINATION OF CANDIDACY. (a) For purposes
7-13 of Sections 302.013 and 302.024, a speaker candidate who does not
7-14 have outstanding campaign loans has terminated the candidacy if by
7-15 the candidate's actions, words, or deeds the candidate no longer
7-16 seeks election to the office of speaker of the house of
7-17 representatives or if the candidate is ineligible to seek election
7-18 to that office.
7-19 (b) A former speaker candidate whose candidacy has
7-20 terminated under Subsection (a) shall immediately file with the
7-21 commission written notice of the termination on a form prescribed
7-22 by the commission.
7-23 Sec. 302.024. PROHIBITED RETENTION OF CAMPAIGN FUNDS. (a)
7-24 A former speaker candidate may not retain campaign funds, assets
7-25 purchased with campaign funds, or interest and other income earned
8-1 on the campaign funds for more than 120 days after the date the
8-2 termination notice is filed with the commission under Section
8-3 301.023(b).
8-4 (b) If the former speaker candidate resumes that candidacy
8-5 within the 120-day period, the prohibition in Subsection (a) does
8-6 not apply until the candidate again terminates the candidacy.
8-7 (c) A former speaker candidate who violates Subsection (a)
8-8 commits an offense. An offense under this subsection is a Class A
8-9 misdemeanor.
8-10 Sec. 302.025. DISPOSITION OF UNEXPENDED CAMPAIGN FUNDS. (a)
8-11 Not later than the 120th day of the period prescribed by Section
8-12 302.024, the former speaker candidate shall remit any unexpended
8-13 campaign funds to one or more of the following:
8-14 (1) the political party with which the candidate was
8-15 affiliated when the candidate last appeared on a ballot;
8-16 (2) a political committee;
8-17 (3) the comptroller for deposit to the credit of the
8-18 general revenue fund;
8-19 (4) one or more persons from whom campaign funds were
8-20 received, in accordance with Subsection (b);
8-21 (5) a recognized tax-exempt charitable organization
8-22 formed for educational, religious, or scientific purposes; or
8-23 (6) a public or private postsecondary educational
8-24 institution solely to assist or create a scholarship program.
8-25 (b) The amount of campaign funds disposed under Subsection
9-1 (a)(4) to one person may not exceed the aggregate amount accepted
9-2 from that person during the last two years that the candidate
9-3 accepted campaign funds under this chapter.
9-4 Sec. 302.026. REPORT OF DISPOSITION OF UNEXPENDED CAMPAIGN
9-5 FUNDS. (a) Not later than the 30th day after the date the 120-day
9-6 period prescribed by Section 302.024 ends, the former speaker
9-7 candidate shall file a report of the disposition of any unexpended
9-8 campaign funds with the commission.
9-9 (b) The report must include:
9-10 (1) the former speaker candidate's full name and
9-11 address;
9-12 (2) the full name and address of each person to whom a
9-13 payment from unexpended campaign funds is made; and
9-14 (3) the date and amount of each payment reported under
9-15 Subdivision(2).
9-16 Sec. 302.027. CRIMINAL PENALTY FOR UNTIMELY OR INCOMPLETE
9-17 REPORT. (a) A former speaker candidate commits an offense if the
9-18 candidate knowingly fails:
9-19 (1) to file the report required by Section 302.026 on
9-20 time; or
9-21 (2) to include in the report required by Section
9-22 302.026 information that is required by that section to be
9-23 included.
9-24 (b) An offense under this section is a Class C misdemeanor.
9-25 Sec. 302.028. CIVIL PENALTY FOR LATE REPORT. (a) The
10-1 commission shall determine from any available evidence whether the
10-2 report required to be filed with the commission under Section
10-3 302.026 is late. On making that determination, the commission
10-4 shall immediately mail a notice of the determination to the former
10-5 speaker candidate.
10-6 (b) If the report is determined to be late, the former
10-7 speaker candidate is civilly liable to the state for an amount
10-8 determined by commission rule, but not to exceed $100 for each day
10-9 that the report is late. If the report is more than 30 days late,
10-10 the commission shall issue a warning of liability by register mail
10-11 to the former speaker candidate. If the penalty is not paid before
10-12 the 10th day after the date on which the warning is received, the
10-13 former speaker candidate is liable for a penalty in an amount
10-14 determined by commission rule, but not to exceed $10,000.
10-15 SECTION 1.11. (a) The change in law made by Section 2.05 of
10-16 this Act applies beginning with the statement required to be filed
10-17 on November 1, 1993.
10-18 (b) Sections 302.023-302.028, Government Code, as added by
10-19 Section 2.10 of this Act, apply only to a speaker candidate who
10-20 terminates the candidacy on or after the effective date of this
10-21 Act.
10-22 SECTION 2. This Act takes effect September 1, 1993.
10-23 SECTION 3. The importance of this legislation and the
10-24 crowded condition of the calendars in both houses create an
10-25 emergency and an imperative public necessity that the
11-1 constitutional rule requiring bills to be read on three several
11-2 days in each house be suspended, and this rule is hereby suspended.