By: Maxey H.B. No. 2804
73R2085 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to political contributions and expenditures, public
1-3 financing of supreme court campaigns, and the rate of occupation
1-4 tax on attorneys; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 251.001, Election Code, is amended by
1-7 amending Subdivision (13) and adding Subdivision (21) to read as
1-8 follows:
1-9 (13) "Specific-purpose committee" means a political
1-10 committee, other than a principal campaign committee, that does not
1-11 have among its principal purposes those of a general-purpose
1-12 committee but does have among its principal purposes:
1-13 (A) supporting or opposing one or more:
1-14 (i) candidates, all of whom are identified
1-15 and are seeking offices that are known; or
1-16 (ii) measures, all of which are
1-17 identified;
1-18 (B) assisting one or more officeholders, all of
1-19 whom are identified; or
1-20 (C) supporting or opposing only one candidate
1-21 who is unidentified or who is seeking an office that is unknown.
1-22 (21) "Principal campaign committee" means a political
1-23 committee established under Section 251.009 for supporting a
1-24 candidate.
2-1 SECTION 2. Subchapter A, Chapter 251, Election Code, is
2-2 amended by adding Sections 251.009 and 251.010 to read as follows:
2-3 Sec. 251.009. PRINCIPAL CAMPAIGN COMMITTEE. (a) A
2-4 candidate or officeholder shall designate in writing a political
2-5 committee to serve as the candidate's or officeholder's principal
2-6 campaign committee.
2-7 (b) A designation under Subsection (a) must be:
2-8 (1) made not later than the 15th day after the date
2-9 the individual becomes a candidate or officeholder, whichever is
2-10 earlier; and
2-11 (2) filed with the authority with whom the committee's
2-12 campaign treasurer appointment must be filed.
2-13 (c) The name of a principal campaign committee must include
2-14 the candidate's or officeholder's name.
2-15 (d) A candidate or officeholder may not have more than one
2-16 principal campaign committee at a time. A person who is both a
2-17 candidate and an officeholder may not have more than one principal
2-18 campaign committee. A candidate who becomes an officeholder is not
2-19 required to designate a new principal campaign committee.
2-20 Sec. 251.010. LIABILITY OF CANDIDATE FOR ACT OR OMISSION OF
2-21 PRINCIPAL CAMPAIGN COMMITTEE. (a) A candidate or officeholder is
2-22 criminally liable for an act or omission by the candidate's or
2-23 officeholder's principal campaign committee only if the candidate
2-24 or officeholder authorized, requested, commanded, performed, or
2-25 recklessly tolerated the act or omission.
2-26 (b) A candidate or officeholder is civilly liable for an act
2-27 or omission by the candidate's or officeholder's principal campaign
3-1 committee only if the candidate or officeholder authorized,
3-2 requested, commanded, performed, or recklessly or negligently
3-3 tolerated the act or omission.
3-4 SECTION 3. Sections 252.001 and 252.0032, Election Code, are
3-5 amended to read as follows:
3-6 Sec. 252.001. Appointment of Campaign Treasurer Required.
3-7 Each <candidate and each> political committee shall appoint a
3-8 campaign treasurer as provided by this chapter.
3-9 Sec. 252.0032. Contents of Appointment by Principal Campaign
3-10 Committee <Candidate>. (a) In addition to the information
3-11 required by Section 252.002, a campaign treasurer appointment by a
3-12 principal campaign committee <candidate> must include a statement,
3-13 signed by the candidate or officeholder, that the candidate or
3-14 officeholder is aware of the nepotism law, Articles 5996a through
3-15 5996g of the Revised Statutes.
3-16 (b) A campaign treasurer appointment that is filed in a
3-17 manner other than by use of an officially prescribed form is not
3-18 invalid because it fails to comply with Subsection (a).
3-19 SECTION 4. Chapter 252, Election Code, is amended by adding
3-20 Section 252.0033 to read as follows:
3-21 Sec. 252.0033. CONTENTS OF APPOINTMENT BY INDIVIDUAL. In
3-22 addition to the information required by Section 252.002, a campaign
3-23 treasurer appointment by an individual who intends to make direct
3-24 campaign expenditures that exceed $100 on any one or more
3-25 candidates or measures must include:
3-26 (1) the name of and office sought by each candidate;
3-27 and
4-1 (2) a description of each measure.
4-2 SECTION 5. Sections 252.005 and 252.006, Election Code, are
4-3 amended to read as follows:
4-4 Sec. 252.005. Authority with Whom Appointment Filed:
4-5 PRINCIPAL CAMPAIGN COMMITTEE <Candidate>. A principal campaign
4-6 committee <An individual> must file a campaign treasurer
4-7 appointment <for the individual's own candidacy> with:
4-8 (1) the commission <secretary of state>, if the
4-9 appointment is made by the principal campaign committee of a
4-10 candidate for or holder of <for candidacy for>:
4-11 (A) a statewide office;
4-12 (B) a district office filled by voters of more
4-13 than one county;
4-14 (C) the office of state senator;
4-15 (D) the office of state representative; or
4-16 (E) the office of member, <the> State Board of
4-17 Education;
4-18 (2) the county clerk, if the appointment is made by
4-19 the principal campaign committee of a candidate for or holder of
4-20 <for candidacy for> a county office, a precinct office, or a
4-21 district office other than one included in Subdivision (1);
4-22 (3) the clerk or secretary of the governing body of
4-23 the political subdivision or, if the political subdivision has no
4-24 clerk or secretary, with the governing body's presiding officer, if
4-25 the appointment is made by the principal campaign committee of a
4-26 candidate for or holder of <for candidacy for> an office of a
4-27 political subdivision other than a county;
5-1 (4) the county clerk if:
5-2 (A) the appointment is made by the principal
5-3 campaign committee of a candidate for or holder of <for candidacy
5-4 for> an office of a political subdivision other than a county;
5-5 (B) the governing body for the political
5-6 subdivision has not been formed; and
5-7 (C) no boundary of the political subdivision
5-8 crosses a boundary of the county; or
5-9 (5) the commission <secretary of state> if:
5-10 (A) the appointment is made by the principal
5-11 campaign committee of a candidate for or holder of <for candidacy
5-12 for> an office of a political subdivision other than a county;
5-13 (B) the governing body for the political
5-14 subdivision has not been formed; and
5-15 (C) the political subdivision is situated in
5-16 more than one county.
5-17 Sec. 252.006. Authority With Whom Appointment Filed:
5-18 Specific-Purpose Committee for Supporting or Opposing Candidate or
5-19 Assisting Officeholder. A specific-purpose committee for
5-20 supporting or opposing a candidate or assisting an officeholder
5-21 must file its campaign treasurer appointment with the same
5-22 authority as the appointment of a principal campaign committee of a
5-23 candidate <for candidacy> for the office.
5-24 SECTION 6. Section 252.010(a), Election Code, is amended to
5-25 read as follows:
5-26 (a) If a candidate whose principal campaign committee <who>
5-27 has filed a campaign treasurer appointment decides to seek a
6-1 different office that would require the appointment to be filed
6-2 with another authority, a copy of the appointment certified by the
6-3 authority with whom it was originally filed must be filed with the
6-4 other authority in addition to the new campaign treasurer
6-5 appointment.
6-6 SECTION 7. Subchapter A, Chapter 253, Election Code, is
6-7 amended by adding Section 253.0011 to read as follows:
6-8 Sec. 253.0011. IDENTIFICATION OF PERSON DELIVERING CERTAIN
6-9 CONTRIBUTIONS. (a) A person may not knowingly deliver or
6-10 authorize the joint delivery of two or more political contributions
6-11 to a political committee unless the person provides to the
6-12 committee the person's full name, address, and principal occupation
6-13 or business.
6-14 (b) A person may not knowingly accept a political
6-15 contribution delivered in violation of Subsection (a).
6-16 (c) A person who violates this section commits an offense.
6-17 An offense under this section is a Class A misdemeanor.
6-18 SECTION 8. Section 253.002(b), Election Code, is amended to
6-19 read as follows:
6-20 (b) This section does not apply to:
6-21 (1) an individual making an expenditure authorized by
6-22 Subchapter C;
6-23 (2) a corporation or labor organization making an
6-24 expenditure authorized by Subchapter D;
6-25 (3) <a candidate making or authorizing an expenditure
6-26 for the candidate's own election;>
6-27 <(4)> a political committee making or authorizing an
7-1 expenditure authorized by Section 253.048; or
7-2 (4) <(5)> a campaign treasurer or assistant campaign
7-3 treasurer acting in an official capacity.
7-4 SECTION 9. Sections 253.031(a) and (c), Election Code, are
7-5 amended to read as follows:
7-6 (a) A candidate or officeholder may not knowingly accept a
7-7 political <campaign> contribution as authorized by Section 253.0311
7-8 or <make or> authorize a political <campaign> expenditure as
7-9 authorized by Section 253.0312 at a time when a campaign treasurer
7-10 appointment for the principal campaign committee of the candidate
7-11 or officeholder is not in effect.
7-12 (c) A political committee may not knowingly make or
7-13 authorize a campaign contribution or campaign expenditure
7-14 supporting or opposing a candidate <for an office specified by
7-15 Section 252.005(1)> in a primary or general election unless the
7-16 committee's campaign treasurer appointment has been filed not later
7-17 than the 30th day before the date that the contribution or
7-18 expenditure is made <appropriate election day>.
7-19 SECTION 10. Subchapter B, Chapter 253, Election Code, is
7-20 amended by adding Sections 253.0311 and 253.0312 to read as
7-21 follows:
7-22 Sec. 253.0311. ACCEPTANCE OF CAMPAIGN CONTRIBUTION BY
7-23 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
7-24 (b), a candidate or officeholder may not knowingly accept a
7-25 political contribution in connection with the person's own
7-26 candidacy or office.
7-27 (b) A candidate or officeholder may accept a political
8-1 contribution on behalf of the person's principal campaign
8-2 committee. A candidate or officeholder may not accept a political
8-3 contribution on behalf of the person's principal campaign committee
8-4 if the committee itself could not accept the contribution.
8-5 (c) A person who violates this section commits an offense.
8-6 An offense under this section is a Class A misdemeanor.
8-7 Sec. 253.0312. CONTRIBUTION OR EXPENDITURE BY CANDIDATE OR
8-8 OFFICEHOLDER FROM PERSONAL FUNDS. (a) Except as provided by
8-9 Subsection (b), a candidate or officeholder may not knowingly make
8-10 a political contribution or political expenditure from the person's
8-11 personal funds in connection with the person's own candidacy or
8-12 office.
8-13 (b) A candidate or officeholder may make a political
8-14 contribution from the person's personal funds to the person's
8-15 principal campaign committee.
8-16 (c) A person who violates this section commits an offense.
8-17 An offense under this section is a Class A misdemeanor.
8-18 SECTION 11. Sections 253.032(a), (d), and (e), Election
8-19 Code, are amended to read as follows:
8-20 (a) In a reporting period, a <candidate, officeholder, or>
8-21 political committee may not knowingly accept political
8-22 contributions totaling more than $500 from an out-of-state
8-23 political committee unless, before accepting a contribution that
8-24 would cause the total to exceed $500, the <candidate, officeholder,
8-25 or> political committee<, as applicable,> receives from the
8-26 out-of-state committee:
8-27 (1) a written statement, certified by an officer of
9-1 the out-of-state committee, listing the full name and address of
9-2 each person who contributed more than $100 to the out-of-state
9-3 committee during the 12 months immediately preceding the date of
9-4 the contribution; or
9-5 (2) a copy of the out-of-state committee's statement
9-6 of organization filed as required by law with the Federal Election
9-7 Commission and certified by the commission.
9-8 (d) A <candidate, officeholder, or> political committee
9-9 shall include the statement or copy required by Subsection (a) as a
9-10 part of the report filed under Chapter 254 that covers the
9-11 reporting period to which Subsection (a) applies.
9-12 (e) A <candidate, officeholder, or> political committee that
9-13 accepts political contributions totaling $500 or less from an
9-14 out-of-state political committee shall include as part of the
9-15 report filed under Chapter 254 that covers the reporting period in
9-16 which the contribution is accepted:
9-17 (1) the same information for the out-of-state
9-18 political committee required for general-purpose committees by
9-19 Sections 252.002 and 252.003; or
9-20 (2) a copy of the out-of-state committee's statement
9-21 of organization filed as required by law with the Federal Election
9-22 Commission and certified by the commission.
9-23 SECTION 12. Section 253.033(a), Election Code, is amended to
9-24 read as follows:
9-25 (a) The principal campaign committee of a <A> candidate
9-26 or<,> officeholder<,> or a specific-purpose committee may not
9-27 knowingly accept from a contributor in a reporting period political
10-1 contributions in cash that in the aggregate exceed $100.
10-2 SECTION 13. Sections 253.034(a), (b), and (c), Election
10-3 Code, are amended to read as follows:
10-4 (a) During the period beginning on the 30th day before the
10-5 date a regular legislative session convenes and continuing through
10-6 the day of final adjournment, a person may not knowingly make a
10-7 political contribution to:
10-8 (1) a statewide officeholder;
10-9 (2) a member of the legislature; <or>
10-10 (3) the principal campaign committee of a statewide
10-11 officeholder or member of the legislature; or
10-12 (4) a specific-purpose committee for supporting,
10-13 opposing, or assisting a statewide officeholder or member of the
10-14 legislature.
10-15 (b) A statewide officeholder, a member of the legislature,
10-16 the principal campaign committee of a statewide officeholder or
10-17 member of the legislature, or a specific-purpose committee for
10-18 supporting, opposing, or assisting a statewide officeholder or
10-19 member of the legislature may not knowingly accept a political
10-20 contribution, and shall refuse a political contribution that is
10-21 received, during the period prescribed by Subsection (a). A
10-22 political contribution that is received and refused during that
10-23 period shall be returned to the contributor not later than the 30th
10-24 day after the date of receipt. A contribution made by mail is not
10-25 considered received during that period if it was placed with
10-26 postage prepaid and properly addressed in the United States mail
10-27 before the beginning of the period. The date indicated by the post
11-1 office cancellation mark is considered to be the date the
11-2 contribution was placed in the mail unless proven otherwise.
11-3 (c) This section does not apply to a political contribution
11-4 that was made and accepted with the intent that it be used:
11-5 (1) in an election held or ordered during the period
11-6 prescribed by Subsection (a) in which the person on whose behalf
11-7 <accepting> the contribution is accepted is a candidate if the
11-8 contribution was made after the principal campaign committee of the
11-9 person appointed a campaign treasurer with the appropriate
11-10 authority and before the person was sworn in for that office;
11-11 (2) to defray expenses incurred in connection with an
11-12 election contest; or
11-13 (3) by the principal campaign committee of a person
11-14 who holds a state office or of a member of the legislature if the
11-15 person or member was defeated at the general election held
11-16 immediately before the session is convened or by a specific-purpose
11-17 political committee that supports or assists only that person or
11-18 member.
11-19 SECTION 14. Sections 253.035(b), (d), and (g), Election
11-20 Code, are amended to read as follows:
11-21 (b) A principal campaign committee or specific-purpose
11-22 committee that accepts a political contribution may not convert the
11-23 contribution to the personal use of a candidate, officeholder, or
11-24 former candidate or officeholder.
11-25 (d) In this section, "personal use" means a use that
11-26 primarily furthers individual or family purposes not connected with
11-27 the performance of duties or activities as a candidate for or
12-1 holder of a public office. The term does not include:
12-2 (1) payments made, within the limits adopted by
12-3 commission rule, to defray ordinary and necessary expenses incurred
12-4 in connection with activities as a candidate or in connection with
12-5 the performance of duties or activities as a public officeholder,
12-6 including payment of rent, utility, and other reasonable housing or
12-7 household expenses incurred in maintaining a residence in Travis
12-8 County by members of the legislature who do not ordinarily reside
12-9 in Travis County, but excluding payments prohibited under Section
12-10 253.038; or
12-11 (2) payments of federal income taxes due on interest
12-12 and other income earned on political contributions.
12-13 (g) A principal campaign committee or specific-purpose
12-14 committee that converts a political contribution to the personal
12-15 use of a candidate, officeholder, or former candidate or
12-16 officeholder in violation of this section is civilly liable to the
12-17 state for an amount equal to the amount of the converted
12-18 contribution plus reasonable court costs.
12-19 SECTION 15. Section 253.038(a), Election Code, is amended to
12-20 read as follows:
12-21 (a) A candidate or officeholder, the principal campaign
12-22 committee of the candidate or officeholder, or a specific-purpose
12-23 committee for supporting, opposing, or assisting the candidate or
12-24 officeholder may not knowingly make or authorize a payment from a
12-25 political contribution to purchase real property or to pay the
12-26 interest on or principal of a note for the purchase of real
12-27 property.
13-1 SECTION 16. Section 253.039, Election Code, is amended to
13-2 read as follows:
13-3 Sec. 253.039. Contributions in <Certain> Public Buildings
13-4 Prohibited. (a) A person may not knowingly make or authorize a
13-5 political contribution while in a public building <the Capitol> to:
13-6 (1) a candidate or officeholder;
13-7 (2) a political committee; or
13-8 (3) a person acting on behalf of a candidate,
13-9 officeholder, or political committee.
13-10 (b) A candidate, officeholder, or political committee or a
13-11 person acting on behalf of a candidate, officeholder, or political
13-12 committee may not knowingly accept a political contribution, and
13-13 shall refuse a political contribution that is received, in a public
13-14 building <the Capitol>.
13-15 (c) This section does not prohibit contributions accepted
13-16 <made> in a public building <the Capitol> through the United States
13-17 postal service or a common or contract carrier.
13-18 (d) In this section, "public building" means a building that
13-19 is wholly or partially owned or wholly or partially leased by a
13-20 governmental entity.
13-21 (e) A person who violates this section commits an offense.
13-22 An offense under this section is a Class A misdemeanor.
13-23 SECTION 17. Section 253.041(a), Election Code, is amended to
13-24 read as follows:
13-25 (a) A candidate or officeholder, the principal campaign
13-26 committee of the candidate or officeholder, or a specific-purpose
13-27 committee for supporting, opposing, or assisting the candidate or
14-1 officeholder may not knowingly make or authorize a payment from a
14-2 political contribution <if the payment is made for personal
14-3 services rendered by the candidate or officeholder or by the spouse
14-4 or dependent child of the candidate or officeholder> to:
14-5 (1) a business in which the candidate, <or>
14-6 officeholder, or campaign treasurer of the principal campaign
14-7 committee has a participating interest <of more than 10 percent>,
14-8 holds a position on the governing body of the business, or serves
14-9 as an officer of the business; or
14-10 (2) the candidate, <or> officeholder, or campaign
14-11 treasurer of the principal campaign committee or the spouse or
14-12 dependent child of the candidate, <or> officeholder, or campaign
14-13 treasurer.
14-14 SECTION 18. Sections 253.042(a) and (b), Election Code, are
14-15 amended to read as follows:
14-16 (a) A candidate or officeholder who makes political
14-17 contributions to his principal campaign committee <expenditures>
14-18 from his personal funds may not reimburse his personal funds from
14-19 political contributions in amounts that in the aggregate exceed the
14-20 following amounts for each election in which the person's name
14-21 appears on the ballot:
14-22 (1) for a district office, $10,000;
14-23 (2) for a statewide office other than governor,
14-24 $250,000; and
14-25 (3) <(2)> for governor, $500,000.
14-26 (b) A candidate or officeholder whose principal campaign
14-27 committee <who> accepts one or more political contributions in the
15-1 form of loans, including an extension of credit or a guarantee of a
15-2 loan or extension of credit, from one or more persons related to
15-3 the candidate or officeholder within the second degree by affinity
15-4 or consanguinity may not use political contributions to repay the
15-5 loans in amounts that in the aggregate exceed the amount prescribed
15-6 by Subsection (a).
15-7 SECTION 19. Subchapter B, Chapter 253, Election Code, is
15-8 amended by adding Sections 253.043-253.049 to read as follows:
15-9 Sec. 253.043. RESTRICTIONS ON USE OF PERSONAL FUNDS. (a) A
15-10 candidate or officeholder may not make political contributions to
15-11 the person's principal campaign committee from the candidate's or
15-12 officeholder's personal funds that in the aggregate exceed the
15-13 applicable limit prescribed by Subsection (b) for each election in
15-14 which the person's name appears on the ballot unless, not later
15-15 than the fifth day after the date the person becomes a candidate
15-16 under Section 251.001(1), the person files with the commission a
15-17 statement of the person's intent to exceed the applicable limit.
15-18 (b) The limits are:
15-19 (1) $10,000 for a district office;
15-20 (2) $250,000 for a statewide office other than
15-21 governor; and
15-22 (3) $500,000 for governor.
15-23 (c) If a candidate or officeholder files a statement of
15-24 intent to exceed the applicable limit prescribed by Subsection (b),
15-25 the voluntary contribution and expenditure limits prescribed by
15-26 Sections 253.185-253.187 are suspended for the principal campaign
15-27 committee of each candidate for that office.
16-1 (d) A person who is both a candidate and an officeholder may
16-2 make political contributions to the person's principal campaign
16-3 committee in one capacity only.
16-4 (e) A person who violates this section commits an offense.
16-5 An offense under this section is a Class A misdemeanor.
16-6 Sec. 253.044. EXPLORATORY ACCOUNT. (a) An individual,
16-7 acting through a principal campaign committee, may establish an
16-8 account for campaign contributions to explore the feasibility of a
16-9 campaign for office if the individual has not:
16-10 (1) filed an application for a place on the ballot for
16-11 the office;
16-12 (2) filed an application for nomination by convention
16-13 for the office;
16-14 (3) filed a declaration of intent to become an
16-15 independent candidate for the office;
16-16 (4) filed a declaration of a write-in candidacy for
16-17 the office; or
16-18 (5) made a public announcement of a definite intent to
16-19 run for the office.
16-20 (b) Money in an exploratory account may be used only to pay
16-21 an expenditure incurred in exploring the feasibility of a campaign.
16-22 (c) The principal campaign committee of an individual who
16-23 establishes an exploratory account shall return to each person
16-24 making a campaign contribution to the committee, according to the
16-25 amount of the contribution, a pro rata share of the unexpended and
16-26 unobligated campaign contributions in the exploratory account
16-27 unless, not later than the 90th day after the date the account was
17-1 opened, the individual has:
17-2 (1) filed an application for a place on the ballot for
17-3 the office;
17-4 (2) filed an application for nomination by convention
17-5 for the office;
17-6 (3) filed a declaration of intent to become an
17-7 independent candidate for the office;
17-8 (4) filed a declaration of a write-in candidacy for
17-9 the office; or
17-10 (5) made a public announcement of a definite intent to
17-11 run for the office.
17-12 (d) The principal campaign committee of an individual who
17-13 establishes an exploratory account shall transfer the unexpended
17-14 and unobligated balance of the account to a campaign account not
17-15 later than the fifth day after the date the individual:
17-16 (1) files an application for a place on the ballot for
17-17 the office;
17-18 (2) files an application for nomination by convention
17-19 for the office;
17-20 (3) files a declaration of intent to become an
17-21 independent candidate for the office;
17-22 (4) files a declaration of write-in candidacy for the
17-23 office; or
17-24 (5) makes a public announcement of a definite intent
17-25 to run for the office.
17-26 (e) Money transferred under Subsection (d) may be used for
17-27 any purpose for which a political contribution may be used.
18-1 (f) An individual who establishes an exploratory account is
18-2 subject to the provisions of this title applicable to candidates
18-3 except as modified by this section.
18-4 (g) A person who violates this section commits an offense.
18-5 An offense under this section is a Class A misdemeanor.
18-6 Sec. 253.045. USE OF CONTRIBUTIONS FOR OTHER OFFICE
18-7 PROHIBITED. (a) The principal campaign committee of an
18-8 officeholder who becomes a candidate for an office other than the
18-9 one held, or a specific-purpose committee for assisting the
18-10 officeholder, may not use political contributions for campaign or
18-11 officeholder purposes connected with the other office if the
18-12 contributions were accepted before the officeholder became a
18-13 candidate for the other office.
18-14 (b) Within 60 days after the date the officeholder becomes a
18-15 candidate, the committee shall:
18-16 (1) dispose of unexpended political contributions that
18-17 are subject to the prohibition prescribed by Subsection (a) in the
18-18 manner prescribed by Section 254.204; and
18-19 (2) file a report of the disposition in the manner
18-20 prescribed by Section 254.205.
18-21 (c) A person who violates this section commits an offense.
18-22 An offense under this subsection is a Class A misdemeanor.
18-23 Sec. 253.046. RESTRICTION ON CONTRIBUTIONS TO PRINCIPAL
18-24 CAMPAIGN COMMITTEE FROM INDIVIDUALS. (a) A principal campaign
18-25 committee may not knowingly accept a political contribution from,
18-26 and shall return a political contribution that is received from, an
18-27 individual that, when aggregated with each political contribution
19-1 from the individual to the committee since the preceding general
19-2 election for state and county officers, exceeds $250, unless the
19-3 individual provides to the committee:
19-4 (1) the full name and address of the individual's
19-5 employer, if any; and
19-6 (2) the individual's occupation or job title.
19-7 (b) A person who accepts a contribution in violation of
19-8 Subsection (a) commits an offense. An offense under this section
19-9 is a Class A misdemeanor.
19-10 Sec. 253.047. RESTRICTIONS ON CONTRIBUTION OR EXPENDITURE BY
19-11 CERTAIN GENERAL-PURPOSE COMMITTEES. (a) A general-purpose
19-12 committee may not knowingly make or authorize a political
19-13 contribution to, or a political expenditure on behalf of, a
19-14 candidate for statewide office or the legislature, a statewide
19-15 officeholder, a member of the legislature, the principal campaign
19-16 committee of a candidate for statewide office or the legislature,
19-17 the principal campaign committee of a statewide officeholder or
19-18 member of the legislature, or a specific-purpose committee for
19-19 supporting or opposing such a candidate or assisting such an
19-20 officeholder, unless the general-purpose committee makes a
19-21 significant political contribution to or a significant political
19-22 expenditure on behalf of at least _____ other candidates,
19-23 officeholders, principal campaign committees, or specific-purpose
19-24 committees for supporting or opposing other candidates or assisting
19-25 other officeholders.
19-26 (b) For purposes of Subsection (a), a political contribution
19-27 or political expenditure is significant if it exceeds _____ percent
20-1 of the total political contributions and political expenditures
20-2 made by the committee since the preceding general election for
20-3 state and county officers.
20-4 (c) A person may not knowingly accept a political
20-5 contribution made or authorized in violation of Subsection (a).
20-6 (d) A person who violates this section commits an offense.
20-7 An offense under this section is a Class A misdemeanor.
20-8 Sec. 253.048. DIRECT CAMPAIGN EXPENDITURE BY POLITICAL
20-9 COMMITTEE. (a) A political committee may not knowingly make a
20-10 direct campaign expenditure supporting or opposing a candidate
20-11 unless the committee is independent of the candidate's principal
20-12 campaign committee.
20-13 (b) For purposes of this section, a political committee is
20-14 independent of a candidate's principal campaign committee if the
20-15 political committee does not directly or indirectly give to or
20-16 receive from the principal campaign committee information regarding
20-17 a strategic matter, including polling data, advertising, campaign
20-18 speeches, or voter demographics, in connection with the candidate's
20-19 campaign.
20-20 (c) A person who violates this section commits an offense.
20-21 An offense under this section is a Class A misdemeanor.
20-22 Sec. 253.049. RESTRICTION ON EXPENDITURES BY PRINCIPAL
20-23 CAMPAIGN COMMITTEE OF UNSUCCESSFUL CANDIDATE. (a) Other than an
20-24 expenditure the committee is contractually obligated to make, the
20-25 principal campaign committee of an unsuccessful candidate may not
20-26 make a political expenditure after the 60th day after:
20-27 (1) the date the candidate withdraws from the
21-1 election;
21-2 (2) the date the candidate is declared ineligible; or
21-3 (3) the date of the last election in which the
21-4 candidate is involved, if the candidate does not withdraw or is not
21-5 declared ineligible.
21-6 (b) A person who violates this section commits an offense.
21-7 An offense under this section is a Class A misdemeanor.
21-8 SECTION 20. Section 253.062, Election Code, is amended to
21-9 read as follows:
21-10 Sec. 253.062. Direct Expenditure Exceeding $100.
21-11 <(a)> Except as otherwise provided by law, an individual not
21-12 acting in concert with another person may make one or more direct
21-13 campaign expenditures in an election from his own property that
21-14 exceed $100 on any one or more candidates or measures if:
21-15 (1) the individual files a campaign treasurer
21-16 appointment not later than the 30th day before the date the
21-17 expenditure that causes the total to exceed $100 is made;
21-18 (2) the individual complies with Chapter 254 as if the
21-19 individual were a campaign treasurer of a political committee; and
21-20 (3) <(2)> the individual receives no reimbursement for
21-21 the expenditures.
21-22 <(b) An individual making expenditures under this section is
21-23 not required to file a campaign treasurer appointment.>
21-24 SECTION 21. The heading to Section 253.131, Election Code,
21-25 is amended to read as follows:
21-26 Sec. 253.131. Liability to Principal Campaign Committees
21-27 <Candidates>.
22-1 SECTION 22. Sections 253.131(b) and (c), Election Code, are
22-2 amended to read as follows:
22-3 (b) If the contribution or expenditure is in support of a
22-4 candidate, the principal campaign committee of each opposing
22-5 candidate whose name appears on the ballot is entitled to recover
22-6 damages under this section.
22-7 (c) If the contribution or expenditure is in opposition to a
22-8 candidate, the principal campaign committee of the candidate is
22-9 entitled to recover damages under this section.
22-10 SECTION 23. Chapter 253, Election Code, is amended by adding
22-11 Subchapters F and G to read as follows:
22-12 SUBCHAPTER F. SUPREME COURT FAIR
22-13 CAMPAIGN PRACTICES ACT
22-14 Sec. 253.151. APPLICATION. This subchapter applies only to:
22-15 (1) a candidate for the office of chief justice or
22-16 associate justice, supreme court, who accepts money from the
22-17 supreme court campaign fund under Chapter 258;
22-18 (2) a candidate for the office of chief justice or
22-19 associate justice, supreme court, who is not eligible to receive
22-20 money from the supreme court campaign fund under Chapter 258 but
22-21 who files with the commission a written declaration of intent to
22-22 comply with this subchapter; and
22-23 (3) the principal campaign committee of a candidate
22-24 described by Subdivision (1) or (2).
22-25 Sec. 253.152. CONTRIBUTION LIMITS. (a) The principal
22-26 campaign committee of a candidate to whom this subchapter applies
22-27 may not knowingly accept political contributions in connection with
23-1 a general election for state and county officers that in the
23-2 aggregate exceed:
23-3 (1) $5,000 from an individual;
23-4 (2) $10,000 from a political committee; or
23-5 (3) $100,000 from all political committees from which
23-6 the candidate accepts contributions.
23-7 (b) The principal campaign committee of a candidate that
23-8 violates a limit prescribed by Subsection (a) is not eligible for
23-9 any additional money from the fund.
23-10 (c) In this section, "in connection with an election" means:
23-11 (1) with regard to a contribution that is designated
23-12 in writing for a particular election, the election designated; or
23-13 (2) with regard to a contribution that is not
23-14 designated in writing for a particular election or that is
23-15 designated as an officeholder contribution, the next election for
23-16 that office occurring after the contribution is made.
23-17 (d) A person who violates this section commits an offense.
23-18 An offense under this section is a Class A misdemeanor.
23-19 Sec. 253.153. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
23-20 CONTRIBUTION TO PRINCIPAL CAMPAIGN COMMITTEE. For purposes of
23-21 Section 253.152, a contribution to a specific-purpose committee for
23-22 supporting a candidate, for opposing the candidate's opponent, or
23-23 for assisting the candidate as an officeholder is considered to be
23-24 a contribution to the principal campaign committee of the candidate
23-25 unless the candidate, in an affidavit filed with the commission,
23-26 states that the principal campaign committee and the candidate have
23-27 not directly or indirectly given to or received from the
24-1 specific-purpose committee information regarding a strategic
24-2 matter, including polling data, advertising, campaign speeches, or
24-3 voter demographics, in connection with the candidate's campaign.
24-4 Sec. 253.154. USE OF PERSONAL FUNDS OR FUNDS OF CERTAIN
24-5 FAMILY MEMBERS. (a) A candidate or principal campaign committee
24-6 to which this subchapter applies may not knowingly use personal
24-7 funds of the candidate, the candidate's spouse, and the candidate's
24-8 children that in the aggregate exceed $25,000 in connection with a
24-9 campaign.
24-10 (b) The principal campaign committee of a candidate who
24-11 violates Subsection (a) is not eligible for any additional money
24-12 from the fund.
24-13 (c) A candidate who violates this section commits an
24-14 offense. An offense under this section is a Class A misdemeanor.
24-15 Sec. 253.155. EXPENDITURE LIMIT. (a) Except as provided by
24-16 Subsection (b), the principal campaign committee of a candidate to
24-17 whom this subchapter applies may not knowingly make or authorize
24-18 campaign expenditures in connection with a general election that,
24-19 in the aggregate, exceed $3 million.
24-20 (b) The principal campaign committee of a candidate to whom
24-21 this subchapter applies may not knowingly make or authorize
24-22 campaign expenditures in connection with a general election that,
24-23 in the aggregate, exceed $4 million if the candidate has an
24-24 opponent who is eligible to receive money from the supreme court
24-25 campaign fund but who chooses not to participate.
24-26 (c) The principal campaign committee of a candidate who
24-27 violates a limit prescribed by Subsection (a) or (b) is not
25-1 eligible for any additional money from the fund.
25-2 (d) A person who violates this section commits an offense.
25-3 An offense under this section is a Class A misdemeanor.
25-4 Sec. 253.156. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
25-5 EXPENDITURE BY PRINCIPAL CAMPAIGN COMMITTEE. For purposes of
25-6 Section 253.155, an expenditure by a specific-purpose committee for
25-7 supporting a candidate, for opposing the candidate's opponent, or
25-8 for assisting the candidate as an officeholder is considered to be
25-9 an expenditure by the principal campaign committee of the candidate
25-10 unless the candidate, in an affidavit filed with the commission,
25-11 states that the principal campaign committee and the candidate have
25-12 not directly or indirectly given to or received from the
25-13 specific-purpose committee information regarding a strategic
25-14 matter, including polling data, advertising, campaign speeches, or
25-15 voter demographics, in connection with the candidate's campaign.
25-16 (Sections 253.157-253.180 reserved for expansion
25-17 SUBCHAPTER G. TEXAS FAIR CAMPAIGN PRACTICES ACT
25-18 Sec. 253.181. DEFINITIONS. In this chapter:
25-19 (1) "Complying candidate" or "complying officeholder"
25-20 means a candidate who files a declaration of compliance under
25-21 Section 253.182.
25-22 (2) "Noncomplying candidate" means a candidate who:
25-23 (A) does not file a declaration of compliance
25-24 under Section 253.182; or
25-25 (B) files a statement of intent to exceed the
25-26 limit on the use of personal funds under Section 253.043.
25-27 Sec. 253.182. VOLUNTARY COMPLIANCE. (a) A candidate for
26-1 state representative, state senator, or statewide office other than
26-2 chief justice or associate justice, supreme court, may voluntarily
26-3 comply with this subchapter by filing a sworn declaration of
26-4 compliance with the commission when the person becomes a candidate
26-5 as provided by Section 251.001(1).
26-6 (b) The declaration of compliance must state that the person
26-7 and the person's principal campaign committee voluntarily agree to
26-8 comply with the contribution and spending limits provided by this
26-9 subchapter.
26-10 Sec. 253.183. EFFECT OF NONCOMPLYING CANDIDATE. (a) The
26-11 principal campaign committee of a complying candidate, a
26-12 specific-purpose committee for supporting or opposing a complying
26-13 candidate, or the state or county executive committee of a
26-14 political party supporting or opposing a specific complying
26-15 candidate is not required to comply with the contribution and
26-16 spending limits prescribed by this subchapter if another person
26-17 becomes a candidate for the same office and:
26-18 (1) does not file the declaration of compliance; or
26-19 (2) files a statement of intent to exceed the limit on
26-20 the use of personal funds under Section 253.043.
26-21 (b) The commission shall issue an order suspending the
26-22 contribution and spending limits for a specific office not later
26-23 than the 10th day after the date that the commission determines a
26-24 person has become a candidate for that office and:
26-25 (1) has not filed the declaration of compliance
26-26 authorized by Section 253.182; or
26-27 (2) has filed a statement of intent to exceed the
27-1 limit on the use of personal funds under Section 253.043.
27-2 Sec. 253.184. BENEFIT TO COMPLYING CANDIDATE. (a) A
27-3 complying candidate is entitled to state on political advertising
27-4 as provided by Section 255.009 that the candidate complies with the
27-5 Texas Fair Campaign Practices Act.
27-6 (b) A complying candidate is entitled to the benefit
27-7 provided by this section regardless of whether the contribution and
27-8 spending limits are later suspended because another candidate:
27-9 (1) fails to file the declaration of compliance; or
27-10 (2) files a statement of intent to exceed the limit on
27-11 the use of personal funds under Section 253.043.
27-12 (c) A noncomplying candidate is not entitled to the benefit
27-13 provided under this section.
27-14 Sec. 253.185. SPENDING LIMITS. (a) The principal campaign
27-15 committee of a complying candidate or a specific-purpose committee
27-16 for supporting or opposing a complying candidate may not make
27-17 political expenditures that in the aggregate exceed the following
27-18 amounts for each election in which the candidate is involved:
27-19 (1) for the office of governor, $4 million;
27-20 (2) for the office of lieutenant governor or attorney
27-21 general, $2.5 million;
27-22 (3) for a statewide office other than one specified by
27-23 Subdivision (1) or (2), $1.6 million;
27-24 (4) for the office of state senator, $225,000; and
27-25 (5) for the office of state representative, $60,000.
27-26 (b) A person who violates this section commits an offense.
27-27 An offense under this section is a Class A misdemeanor.
28-1 Sec. 253.186. SPENDING LIMITS FOR POLITICAL PARTIES. (a)
28-2 The state executive committee of a political party may not make
28-3 political expenditures supporting or opposing a specific complying
28-4 candidate that in the aggregate exceed the amounts prescribed by
28-5 Section 253.185.
28-6 (b) The county executive committee of a political party may
28-7 not make political expenditures supporting or opposing a specific
28-8 complying candidate that in the aggregate exceed $15,000 for each
28-9 election in which the candidate is involved.
28-10 (c) A person who violates this section commits an offense.
28-11 An offense under this section is a Class A misdemeanor.
28-12 Sec. 253.187. CONTRIBUTION LIMITS. (a) A person may not
28-13 knowingly make or authorize political contributions that in the
28-14 aggregate exceed the limit prescribed by Subsection (b) or (c) to:
28-15 (1) the principal campaign committee of a complying
28-16 officeholder;
28-17 (2) the principal campaign committee of a complying
28-18 candidate;
28-19 (3) a specific-purpose committee for:
28-20 (A) assisting a complying officeholder; or
28-21 (B) supporting or opposing a complying
28-22 candidate;
28-23 (4) a combination of the principal campaign committee
28-24 of a complying officeholder and a related committee;
28-25 (5) a combination of the principal campaign committee
28-26 of a complying candidate and a related committee; or
28-27 (6) a combination of related committees for:
29-1 (A) assisting a complying officeholder; or
29-2 (B) supporting or opposing a complying
29-3 candidate.
29-4 (b) During a year in which an office covered by this section
29-5 is not on the ballot, the limits are:
29-6 (1) for a statewide office, $10,000;
29-7 (2) for the office of state senator, $5,000; and
29-8 (3) for the office of state representative, $2,500.
29-9 (c) During a year in which an office covered by this section
29-10 is on the ballot, with respect to each election in which a
29-11 candidate is involved, the limits are:
29-12 (1) for a statewide office, $10,000;
29-13 (2) for the office of state senator, $5,000; and
29-14 (3) for the office of state representative, $2,500.
29-15 (d) A person may not knowingly accept political
29-16 contributions made or authorized in violation of this section.
29-17 (e) The principal campaign committee of a complying
29-18 candidate or complying officeholder that has accepted a political
29-19 contribution from a person that, when aggregated with political
29-20 contributions accepted from the person by a related committee,
29-21 exceeds the limit prescribed by Subsection (b) or (c), shall, not
29-22 later than the third day after the date the committee receives
29-23 notice of acceptance of a contribution by a related committee on
29-24 behalf of the candidate or officeholder under Section 253.190,
29-25 return to the person the lesser of:
29-26 (1) the amount by which the contributions accepted by
29-27 the principal campaign committee and the related committee exceed
30-1 the limit stated in Subsection (b) or (c); or
30-2 (2) the total amount of contributions accepted from
30-3 the person by the principal campaign committee.
30-4 (f) A person who violates this section commits an offense.
30-5 An offense under this section is a Class A misdemeanor.
30-6 (g) In this section:
30-7 (1) "Election" means a primary, general, special, or
30-8 runoff election.
30-9 (2) "Related committee" means:
30-10 (A) with regard to an officeholder, a
30-11 specific-purpose committee for assisting the officeholder; and
30-12 (B) with regard to a candidate, a
30-13 specific-purpose committee for supporting the candidate or opposing
30-14 the candidate's opponent.
30-15 (3) "With respect to an election" means:
30-16 (A) with regard to a contribution that is
30-17 designated in writing for a particular election, the election
30-18 designated; or
30-19 (B) with regard to a contribution that is not
30-20 designated in writing for a particular election or that is
30-21 designated as an officeholder contribution, the next election for
30-22 that office occurring after the contribution is made.
30-23 Sec. 253.188. DIRECT CAMPAIGN EXPENDITURES. (a) For
30-24 purposes of Section 253.187, a direct campaign expenditure is
30-25 considered to be a political contribution to the principal campaign
30-26 committee of a complying candidate if it is made with the
30-27 cooperation or prior consent of, in consultation with, or at the
31-1 suggestion of:
31-2 (1) the candidate;
31-3 (2) a specific-purpose committee for supporting the
31-4 candidate or opposing the candidate's opponent; or
31-5 (3) a person acting with the candidate's knowledge and
31-6 consent.
31-7 (b) An individual who makes a direct campaign expenditure
31-8 covered by Subsection (a) shall give notice of that fact to the
31-9 principal campaign committee of the affected candidate or
31-10 officeholder as provided by Section 254.128 for a specific-purpose
31-11 committee.
31-12 Sec. 253.189. AGGREGATE LIMIT ON COMMITTEE AND PARTY
31-13 CONTRIBUTIONS. (a) The principal campaign committee of a
31-14 complying candidate or officeholder may not knowingly accept a
31-15 political contribution from a political committee or political
31-16 party that, when aggregated with each other political contribution
31-17 accepted from a political committee or political party with respect
31-18 to an election, exceeds one-third of the applicable limit on
31-19 expenditures prescribed by Section 253.185.
31-20 (b) In this section, "election" and "with respect to an
31-21 election" have the meanings assigned by Section 253.187.
31-22 (c) A person who violates this section commits an offense.
31-23 An offense under this section is a Class A misdemeanor.
31-24 Sec. 253.190. NOTICE TO PRINCIPAL CAMPAIGN COMMITTEE OF
31-25 CONTRIBUTIONS. (a) If a specific-purpose committee accepts
31-26 political contributions for a complying candidate or officeholder,
31-27 the specific-purpose committee's campaign treasurer shall deliver
32-1 written notice of that fact to the principal campaign committee of
32-2 the affected candidate or officeholder not later than the third day
32-3 after the date the specific-purpose committee accepts the
32-4 contribution.
32-5 (b) The notice must include:
32-6 (1) the full name and address of the individual making
32-7 the contribution or of the political committee making the
32-8 contribution and its campaign treasurer;
32-9 (2) the full name and address of the specific-purpose
32-10 committee accepting the contribution and its campaign treasurer and
32-11 an indication that the committee is a specific-purpose committee;
32-12 and
32-13 (3) the amount and date of the contribution.
32-14 (c) A specific-purpose committee that notifies a principal
32-15 campaign committee of a contribution under this section does not
32-16 need to deliver a separate notice of the contribution under Section
32-17 254.128.
32-18 (d) A campaign treasurer commits an offense if the campaign
32-19 treasurer fails to comply with this section. An offense under this
32-20 section is a Class A misdemeanor.
32-21 Sec. 253.191. EXCEEDING LIMITS; CIVIL PENALTY. A complying
32-22 candidate, the principal campaign committee of a complying
32-23 candidate, a specific-purpose committee for supporting or opposing
32-24 a candidate, or the state or county executive committee of a
32-25 political party is liable to the state if the person knowingly
32-26 exceeds the contribution or spending limits provided by this
32-27 subchapter. The liability is in an amount equal to half the
33-1 contribution accepted or expenditure made in excess of the limits.
33-2 SECTION 24. Section 254.031(a), Election Code, is amended to
33-3 read as follows:
33-4 (a) Except as otherwise provided by this chapter, each
33-5 report filed under this chapter must include:
33-6 (1) the amount of political contributions from each
33-7 person that in the aggregate exceed $50 and that are accepted
33-8 during the reporting period by the person or committee required to
33-9 file a report under this chapter, the full name and address of the
33-10 person making the contributions, and the dates of the
33-11 contributions;
33-12 (2) the amount of loans that are made during the
33-13 reporting period for campaign or officeholder purposes to the
33-14 person or committee required to file the report and that in the
33-15 aggregate exceed $50, the dates the loans are made, the interest
33-16 rate, the maturity date, the type of collateral for the loans, if
33-17 any, the full name and address of the person or financial
33-18 institution making the loans, the full name and address, principal
33-19 occupation, and name of the employer of each guarantor of the
33-20 loans, the amount of the loans guaranteed by each guarantor, and
33-21 the aggregate principal amount of all outstanding loans as of the
33-22 last day of the reporting period;
33-23 (3) the amount of political expenditures that in the
33-24 aggregate exceed $50 and that are made during the reporting period,
33-25 the full name and address of the persons to whom the expenditures
33-26 are made, and the dates and purposes of the expenditures;
33-27 (4) the amount of each payment made during the
34-1 reporting period from a political contribution if the payment is
34-2 not a political expenditure, the full name and address of the
34-3 person to whom the payment is made, and the date and purpose of the
34-4 payment;
34-5 (5) the total amount or a specific listing of the
34-6 political contributions of $50 or less accepted and the total
34-7 amount or a specific listing of the political expenditures of $50
34-8 or less made during the reporting period;
34-9 (6) the total amount of all political contributions
34-10 accepted and the total amount of all political expenditures made
34-11 during the reporting period; <and>
34-12 (7) the name of each candidate or officeholder who
34-13 benefits from a direct campaign expenditure made during the
34-14 reporting period by the person or committee required to file the
34-15 report, and the office sought or held, excluding a direct campaign
34-16 expenditure that is made by the principal political committee of a
34-17 political party on behalf of a slate of two or more nominees of
34-18 that party; and
34-19 (8) the full name, address, and principal occupation
34-20 or business of each person who delivers two or more political
34-21 contributions as provided by Section 253.0011 during the reporting
34-22 period.
34-23 SECTION 25. The heading to Section 254.038, Election Code,
34-24 is amended to read as follows:
34-25 Sec. 254.038. TELEGRAM REPORT BY CERTAIN <CANDIDATES AND>
34-26 POLITICAL COMMITTEES.
34-27 SECTION 26. Section 254.038(a), Election Code, is amended to
35-1 read as follows:
35-2 (a) In addition to other reports required by this chapter,
35-3 the following persons shall file additional reports during the
35-4 period beginning the ninth day before election day and ending at 12
35-5 noon on the second day before election day:
35-6 (1) the principal campaign committee of a candidate
35-7 for state senator who has an opponent whose name is to appear on
35-8 the ballot and who accepts political contributions from a person
35-9 that in the aggregate exceed $1,000 during that reporting period;
35-10 (2) the principal campaign committee of a candidate
35-11 for state representative who has an opponent whose name is to
35-12 appear on the ballot and who accepts political contributions from a
35-13 person that in the aggregate exceed $200 during that reporting
35-14 period;
35-15 (3) a specific-purpose committee for supporting or
35-16 opposing a candidate for state senator and that accepts political
35-17 contributions from a person that in the aggregate exceed $1,000
35-18 during that reporting period; and
35-19 (4) a specific-purpose committee for supporting or
35-20 opposing a candidate for state representative and that accepts
35-21 political contributions from a person that in the aggregate exceed
35-22 $200 during that reporting period.
35-23 SECTION 27. Section 254.0391(a), Election Code, is amended
35-24 to read as follows:
35-25 (a) The principal campaign committee of a <A> statewide
35-26 officeholder or of<,> a member of the legislature, <or> a
35-27 specific-purpose committee for supporting, opposing, or assisting a
36-1 statewide officeholder or member of the legislature, or the
36-2 principal campaign committee of a candidate for statewide office or
36-3 the legislature or a specific-purpose committee for supporting or
36-4 opposing the candidate<,> that accepts a political contribution
36-5 during the period beginning on the date the governor signs the
36-6 proclamation calling a special legislative session and continuing
36-7 through the date of final adjournment shall report the contribution
36-8 to the commission not later than the 30th day after the date of
36-9 final adjournment.
36-10 SECTION 28. Section 254.041(c), Election Code, is amended to
36-11 read as follows:
36-12 (c) A violation of Subsection (a)(2) by the principal
36-13 campaign committee of a candidate or officeholder is a Class A
36-14 misdemeanor if the report fails to include information required by
36-15 Section 254.061(3) or Section 254.091(2), as applicable.
36-16 SECTION 29. Subchapter C, Chapter 254, Election Code, is
36-17 amended to read as follows:
36-18 SUBCHAPTER C. REPORTING BY PRINCIPAL CAMPAIGN COMMITTEE <CANDIDATE>
36-19 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. (a) In
36-20 addition to the contents required by Section 254.031, each report
36-21 by the principal campaign committee of a candidate or officeholder
36-22 must include:
36-23 (1) the candidate's or officeholder's full name and
36-24 address, the office sought or held, and, if the person is a
36-25 candidate, the identity and date of the election for which the
36-26 report is filed;
36-27 (2) the campaign treasurer's name, residence or
37-1 business street address, and telephone number;
37-2 (3) for each political committee from which the
37-3 principal campaign committee <candidate> received notice under
37-4 Section 254.128 or 254.161:
37-5 (A) the committee's full name and address;
37-6 (B) an indication of whether the committee is a
37-7 general-purpose committee or a specific-purpose committee; <and>
37-8 (C) the full name and address of the committee's
37-9 campaign treasurer; and
37-10 (D) the amount of the contribution accepted or
37-11 expenditure made;
37-12 (4) the full name and address of each individual
37-13 acting as a campaign treasurer of a political committee under
37-14 Section 253.062 from whom the principal campaign committee
37-15 <candidate> received notice under Section 254.128 or 254.161 and
37-16 the amount of the expenditure made; <and>
37-17 (5) the amount of political contributions of which the
37-18 principal campaign committee has received notice under Section
37-19 253.190, the full name and address of the person making the
37-20 contributions and the specific-purpose committee accepting the
37-21 contributions, and the dates of the contributions;
37-22 (6) for each individual from whom the principal
37-23 campaign committee has accepted a political contribution in the
37-24 reporting period that, when aggregated with all other political
37-25 contributions from the individual since the date of the last
37-26 general or special election in which the candidate or officeholder
37-27 was involved, exceeds $250:
38-1 (A) the full name and address of the
38-2 individual's employer, if any; and
38-3 (B) the individual's occupation or job title;
38-4 and
38-5 (7) the aggregate amount of political contributions
38-6 accepted and political expenditures made since the last general or
38-7 special election in which the candidate or officeholder was
38-8 involved, excluding any political contributions accepted or
38-9 political expenditures made in connection with that previous
38-10 election <on a separate page or pages of the report, the
38-11 identification of any payment from political contributions made to
38-12 a business in which the candidate has a participating interest of
38-13 more than 10 percent, holds a position on the governing body of the
38-14 business, or serves as an officer of the business>.
38-15 (b) If a candidate was not previously a candidate:
38-16 (1) for purposes of Subsection (a)(6), contributions
38-17 accepted from an individual after the candidate first became a
38-18 candidate, including contributions placed in an exploratory account
38-19 under Section 253.044, are aggregated; and
38-20 (2) for purposes of Subsection (a)(7), the report must
38-21 include the aggregate amount of political contributions accepted
38-22 and political expenditures made since the candidate first became a
38-23 candidate, including contributions placed in and expenditures made
38-24 from an exploratory account under Section 253.044.
38-25 <Sec. 254.062. CERTAIN OFFICEHOLDER ACTIVITY INCLUDED. If
38-26 an officeholder who becomes a candidate has reportable activity
38-27 that is not reported under Subchapter D before the end of the
39-1 period covered by the first report the candidate is required to
39-2 file under this subchapter, the reportable activity shall be
39-3 included in the first report filed under this subchapter instead of
39-4 in a report filed under Subchapter D.>
39-5 Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
39-6 CAMPAIGN COMMITTEE <CANDIDATE>. (a) A principal campaign
39-7 committee <candidate> shall file two reports for each year as
39-8 provided by this section.
39-9 (b) The first report shall be filed not later than July 15.
39-10 The report covers the period beginning January 1, the day the
39-11 committee's <candidate's> campaign treasurer appointment is filed,
39-12 or the first day after the period covered by the last report
39-13 required to be filed under this subchapter, as applicable, and
39-14 continuing through June 30.
39-15 (c) The second report shall be filed not later than January
39-16 15. The report covers the period beginning July 1, the day the
39-17 committee's <candidate's> campaign treasurer appointment is filed,
39-18 or the first day after the period covered by the last report
39-19 required to be filed under this subchapter, as applicable, and
39-20 continuing through December 31.
39-21 Sec. 254.0631. MONTHLY REPORTING SCHEDULE FOR PRINCIPAL
39-22 CAMPAIGN COMMITTEE OF SUPREME COURT CANDIDATE. (a) In addition to
39-23 other reports required by this chapter, the principal campaign
39-24 committee of a candidate for chief justice or associate justice,
39-25 supreme court, shall file a report each month during the calendar
39-26 year in which the election occurs.
39-27 (b) The first monthly report shall be filed not later than
40-1 February 15 or the 15th day of the month following the month in
40-2 which the committee's campaign treasurer appointment is filed,
40-3 whichever is later. The report covers the period beginning January
40-4 1, the day the committee's campaign treasurer appointment is filed,
40-5 or the first day after the period covered by the last report
40-6 required to be filed under this subchapter, as applicable, and
40-7 continuing through January 31.
40-8 (c) The remaining monthly reports shall be filed not later
40-9 than the 15th day of the month following the period covered by the
40-10 report. The report covers the period beginning the first day after
40-11 the period covered by the last report required to be filed under
40-12 this subchapter and continuing through the last day of the month.
40-13 (d) The principal campaign committee of a candidate for
40-14 chief justice or associate justice, supreme court, is not required
40-15 to file a report under Section 254.063 or 254.064 during the
40-16 calendar year in which the election occurs.
40-17 Sec. 254.064. ADDITIONAL REPORTS OF PRINCIPAL CAMPAIGN
40-18 COMMITTEE OF OPPOSED CANDIDATE. (a) In addition to other required
40-19 reports, for each election in which a person is a candidate and has
40-20 an opponent whose name is to appear on the ballot, the principal
40-21 campaign committee of the person shall file two reports.
40-22 (b) The first report shall be filed not later than the 30th
40-23 day before election day. The report covers the period beginning
40-24 the day the committee's <candidate's> campaign treasurer
40-25 appointment is filed or the first day after the period covered by
40-26 the last report required to be filed under this chapter, as
40-27 applicable, and continuing through the 40th day before election
41-1 day.
41-2 (c) The second report shall be filed not later than the
41-3 eighth day before election day. The report covers the period
41-4 beginning the 39th day before election day and continuing through
41-5 the 10th day before election day.
41-6 (d) If a person becomes an opposed candidate after a
41-7 reporting period prescribed by Subsection (b) or (c), the principal
41-8 campaign committee of the person shall file its <his> first report
41-9 not later than the regular deadline for the report covering the
41-10 period during which the person becomes an opposed candidate. The
41-11 period covered by the first report begins the day the committee's
41-12 <candidate's> campaign treasurer appointment is filed.
41-13 (e) In addition to other required reports, the principal
41-14 campaign committee of an opposed candidate in a runoff election
41-15 shall file one report for that election. The runoff election
41-16 report shall be filed not later than the eighth day before runoff
41-17 election day. The report covers the period beginning the ninth
41-18 day before the date of the main election and continuing through the
41-19 10th day before runoff election day.
41-20 Sec. 254.065. Final Report. (a) If the principal campaign
41-21 committee of a candidate or officeholder expects no reportable
41-22 activity in connection with the candidacy or office to occur after
41-23 the period covered by a report filed under this subchapter, the
41-24 committee <candidate> may designate the report as a "final" report.
41-25 (b) The designation of a report as a final report:
41-26 (1) relieves the committee <candidate> of the duty to
41-27 file additional reports under this subchapter, except as provided
42-1 by Subsection (c); and
42-2 (2) terminates the committee's <candidate's> campaign
42-3 treasurer appointment.
42-4 (c) If, after a committee's <candidate's> final report is
42-5 filed, reportable activity with respect to the candidacy or office
42-6 occurs, the committee <candidate> shall file the appropriate
42-7 reports under this subchapter and is otherwise subject to the
42-8 provisions of this title applicable to principal campaign
42-9 committees <candidates>. A report filed under this subsection may
42-10 be designated as a final report.
42-11 Sec. 254.0651. REPORT NOT REQUIRED. If at the end of any
42-12 reporting period prescribed by this subchapter the principal
42-13 campaign committee of an officeholder who is required to file a
42-14 report with an authority other than the commission has not accepted
42-15 political contributions that in the aggregate exceed $500 or made
42-16 political expenditures that in the aggregate exceed $500, the
42-17 committee is not required to file a report covering that period.
42-18 Sec. 254.066. Authority With Whom Reports Filed. Reports
42-19 under this subchapter shall be filed with the authority with whom
42-20 the principal campaign committee's <candidate's> campaign treasurer
42-21 appointment is required to be filed.
42-22 SECTION 30. Section 254.121, Election Code, is amended to
42-23 read as follows:
42-24 Sec. 254.121. Additional Contents of Reports. In addition
42-25 to the contents required by Section 254.031, each report by a
42-26 campaign treasurer of a specific-purpose committee must include:
42-27 (1) the committee's full name and address;
43-1 (2) the full name, residence or business street
43-2 address, and telephone number of the committee's campaign
43-3 treasurer;
43-4 (3) the identity and date of the election for which
43-5 the report is filed, if applicable;
43-6 (4) the name of each candidate and each measure
43-7 supported or opposed by the committee, indicating for each whether
43-8 the committee supports or opposes;
43-9 (5) the name of each officeholder assisted by the
43-10 committee;
43-11 (6) the amount of each political expenditure in the
43-12 form of a political contribution that is made to <a candidate,
43-13 officeholder, or> another political committee and that is returned
43-14 to the committee during the reporting period, the name of the
43-15 person to whom the expenditure was originally made, and the date it
43-16 is returned; and
43-17 (7) <on a separate page or pages of the report, the
43-18 identification of any payment from political contributions made to
43-19 a business in which the candidate or officeholder has a
43-20 participating interest of more than 10 percent, holds a position on
43-21 the governing body of the business, or serves as an officer of the
43-22 business; and>
43-23 <(8)> on a separate page or pages of the report, the
43-24 identification of any contribution from a corporation or labor
43-25 organization made and accepted under Subchapter D, Chapter 253.
43-26 SECTION 31. Section 254.128, Election Code, is amended by
43-27 amending the section heading and Subsections (a) and (b) to read as
44-1 follows:
44-2 Sec. 254.128. NOTICE TO PRINCIPAL CAMPAIGN COMMITTEE
44-3 <CANDIDATE AND OFFICEHOLDER> OF CONTRIBUTIONS AND EXPENDITURES.
44-4 (a) Except as provided by Section 253.190, if <If> a
44-5 specific-purpose committee accepts political contributions or makes
44-6 political expenditures for a candidate or officeholder, the
44-7 committee's campaign treasurer shall deliver written notice of that
44-8 fact to the principal campaign committee of the affected candidate
44-9 or officeholder not later than the end of the period covered by the
44-10 report in which the reportable activity occurs.
44-11 (b) The notice must include:
44-12 (1) the full name and address of the political
44-13 committee and its campaign treasurer;
44-14 (2) <and> an indication that the committee is a
44-15 specific-purpose committee; and
44-16 (3) the amount and date of the contribution or
44-17 expenditure.
44-18 SECTION 32. Section 254.161, Election Code, is amended to
44-19 read as follows:
44-20 Sec. 254.161. NOTICE TO PRINCIPAL CAMPAIGN COMMITTEE
44-21 <CANDIDATE AND OFFICEHOLDER> OF CONTRIBUTIONS AND EXPENDITURES. If
44-22 a general-purpose committee accepts political contributions or
44-23 makes political expenditures for a candidate or officeholder,
44-24 notice of that fact shall be given to the principal campaign
44-25 committee of the affected candidate or officeholder as provided by
44-26 Section 254.128 for a specific-purpose committee.
44-27 SECTION 33. Section 254.181(a), Election Code, is amended to
45-1 read as follows:
45-2 (a) The principal campaign committee of an <An> opposed
45-3 candidate or a specific-purpose committee required to file reports
45-4 under Subchapter C or E may file a report under this subchapter
45-5 instead if the <candidate or> committee does not intend to accept
45-6 political contributions that in the aggregate exceed $500 or to
45-7 make political expenditures that in the aggregate exceed $500 in
45-8 connection with the election.
45-9 SECTION 34. Section 254.182, Election Code, is amended to
45-10 read as follows:
45-11 Sec. 254.182. Declaration of Intent Required. (a) To be
45-12 entitled to file reports under this subchapter, the principal
45-13 campaign committee of an opposed candidate or a specific-purpose
45-14 committee must file with the campaign treasurer appointment a
45-15 written declaration of intent not to exceed $500 in political
45-16 contributions or political expenditures in the election.
45-17 (b) The declaration of intent must contain a statement that
45-18 the <candidate or> committee understands that if the $500 maximum
45-19 for contributions and expenditures is exceeded, the <candidate or>
45-20 committee is required to file reports under Subchapter C or E, as
45-21 applicable.
45-22 SECTION 35. Sections 254.183(a) and (b), Election Code, are
45-23 amended to read as follows:
45-24 (a) The principal campaign committee of an <An> opposed
45-25 candidate or a specific-purpose committee that exceeds $500 in
45-26 political contributions or political expenditures in the election
45-27 shall file reports as required by Subchapter C or E, as applicable.
46-1 (b) If a <candidate or> committee exceeds the $500 maximum
46-2 after the filing deadline prescribed by Subchapter C or E for the
46-3 first report required to be filed under the appropriate subchapter,
46-4 the <candidate or> committee shall file a report not later than 48
46-5 hours after the maximum is exceeded.
46-6 SECTION 36. Section 254.184, Election Code, is amended to
46-7 read as follows:
46-8 Sec. 254.184. Applicability of Regular Reporting
46-9 Requirements. (a) Subchapter C or E, as applicable, applies to
46-10 the principal campaign committee of an opposed candidate or a
46-11 specific-purpose committee filing under this subchapter to the
46-12 extent that the appropriate subchapter does not conflict with this
46-13 subchapter.
46-14 (b) A <candidate or> committee filing under this subchapter
46-15 is not required to file any reports of political contributions and
46-16 political expenditures other than the semiannual reports required
46-17 to be filed not later than July 15 and January 15.
46-18 SECTION 37. Subchapter H, Chapter 254, Election Code, is
46-19 amended by amending Sections 254.203 and 254.204 and adding
46-20 Sections 254.2031 and 254.2041 to read as follows:
46-21 Sec. 254.203. RETENTION OF CONTRIBUTIONS BY PRINCIPAL
46-22 CAMPAIGN COMMITTEE OF FORMER OFFICEHOLDER. (a) The principal
46-23 campaign committee of an officeholder <A person> may not retain
46-24 political contributions covered by this title, assets purchased
46-25 with the contributions, or interest and other income earned on the
46-26 contributions for more than 60 days <six years> after the date the
46-27 person either ceases to be an officeholder <or candidate> or files
47-1 a final report under Subchapter C <this chapter>, whichever is
47-2 later.
47-3 (b) <If the person becomes an officeholder or candidate
47-4 within the six-year period, the prohibition in Subsection (a) does
47-5 not apply until the person again ceases to be an officeholder or
47-6 candidate.>
47-7 <(c)> A person who violates this section <Subsection (a)>
47-8 commits an offense. An offense under this section is a Class A
47-9 misdemeanor.
47-10 Sec. 254.2031. RETENTION OF CONTRIBUTIONS BY PRINCIPAL
47-11 CAMPAIGN COMMITTEE OF UNSUCCESSFUL CANDIDATE. (a) The principal
47-12 campaign committee of an unsuccessful candidate may not retain
47-13 political contributions covered by this title, assets purchased
47-14 with the contributions, or interest or other income earned on the
47-15 contributions for more than 60 days after the date the person
47-16 ceases to be a candidate or the principal campaign committee files
47-17 a final report under Subchapter C, whichever is later.
47-18 (b) A person who violates this section commits an offense.
47-19 An offense under this section is a Class A misdemeanor.
47-20 Sec. 254.204. DISPOSITION OF UNEXPENDED CONTRIBUTIONS BY
47-21 OFFICEHOLDER. (a) At the end of the 60-day <six-year> period
47-22 prescribed by Section 254.203, the former officeholder <or
47-23 candidate> shall remit any unexpended political contributions to
47-24 one or both <more> of the following:
47-25 (1) the political party with which the person was
47-26 affiliated when the person's name last appeared on a ballot; or
47-27 (2) <a candidate or political committee;>
48-1 <(3) the comptroller of public accounts for deposit in
48-2 the State Treasury;>
48-3 <(4)> one or more persons from whom political
48-4 contributions were accepted <received>, in accordance with
48-5 Subsection (b) <(d);>
48-6 <(5) a recognized tax-exempt, charitable organization
48-7 formed for educational, religious, or scientific purposes; or>
48-8 <(6) a public or private postsecondary educational
48-9 institution or an institution of higher education as defined by
48-10 Section 61.003(8), Education Code, solely for the purpose of
48-11 assisting or creating a scholarship program>.
48-12 (b) <A person who disposes of unexpended political
48-13 contributions under Subsection (a)(2) shall report each
48-14 contribution as if he were a campaign treasurer of a
48-15 specific-purpose committee.>
48-16 <(c) Political contributions disposed of under Subsection
48-17 (a)(3) may be appropriated only for financing primary elections.>
48-18 <(d)> The amount of political contributions disposed of
48-19 under Subsection (a)(2) <(a)(4)> to one person may not exceed the
48-20 aggregate amount accepted from that person during the last two
48-21 years that the <candidate or> officeholder accepted contributions
48-22 under this title.
48-23 Sec. 254.2041. DISPOSITION OF UNEXPENDED CONTRIBUTIONS BY
48-24 PRINCIPAL CAMPAIGN COMMITTEE OF UNSUCCESSFUL CANDIDATE. (a) At
48-25 the end of the 60-day period prescribed by Section 254.2031, the
48-26 principal campaign committee of the unsuccessful candidate shall
48-27 remit any unexpended political contributions to one or both of the
49-1 following:
49-2 (1) the political party with which the candidate was
49-3 affiliated when the candidate's name last appeared on the ballot;
49-4 or
49-5 (2) one or more persons from whom political
49-6 contributions were accepted, in accordance with Subsection (b).
49-7 (b) The amount of political contributions disposed of under
49-8 Subsection (a)(2) to one person may not exceed the aggregate amount
49-9 accepted from that person during the last 90 days that the
49-10 principal campaign committee accepted contributions under this
49-11 title.
49-12 SECTION 38. Section 254.205(a), Election Code, is amended to
49-13 read as follows:
49-14 (a) Not later than the 30th day after the date the 60-day
49-15 <six-year> period prescribed by Section 254.203 or 254.2031 ends,
49-16 the person required to dispose of unexpended political
49-17 contributions shall file a report of the disposition.
49-18 SECTION 39. Sections 254.231(a) and (b), Election Code, are
49-19 amended to read as follows:
49-20 (a) A candidate whose principal campaign committee or a
49-21 campaign treasurer or assistant campaign treasurer of a political
49-22 committee who fails to report in whole or in part a campaign
49-23 contribution or campaign expenditure as required by this chapter is
49-24 liable for damages as provided by this section.
49-25 (b) The principal campaign committee of each <Each> opposing
49-26 candidate whose name appears on the ballot is entitled to recover
49-27 damages under this section.
50-1 SECTION 40. Section 254.232, Election Code, is amended to
50-2 read as follows:
50-3 Sec. 254.232. Liability to State. A candidate or<,>
50-4 officeholder whose principal campaign committee<,> or a campaign
50-5 treasurer or assistant campaign treasurer of a political committee
50-6 who fails to report in whole or in part a political contribution or
50-7 political expenditure as required by this chapter is liable in
50-8 damages to the state in the amount of triple the amount not
50-9 reported that is required to be reported.
50-10 SECTION 41. Chapter 255, Election Code, is amended by adding
50-11 Sections 255.008 and 255.009 to read as follows:
50-12 Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING BY SUPREME
50-13 COURT CANDIDATE. (a) This section applies only to the principal
50-14 campaign committee of a candidate in the general election for state
50-15 and county officers for the office of chief justice or associate
50-16 justice, supreme court, and to a specific-purpose committee for
50-17 supporting such a candidate.
50-18 (b) Political advertising by the principal campaign
50-19 committee of a candidate who accepts money from the supreme court
50-20 campaign fund under Chapter 258, a specific-purpose committee for
50-21 supporting such a candidate, the principal campaign committee of a
50-22 candidate who files a declaration of intent to comply with the
50-23 contribution and expenditure limits of Subchapter F, Chapter 253,
50-24 or a specific-purpose committee for supporting such a candidate,
50-25 must include the following statement: "Political advertising paid
50-26 for by (name of committee) in compliance with the voluntary limits
50-27 of the Supreme Court Fair Campaign Practices Act."
51-1 (c) Political advertising by the principal campaign
51-2 committee of a candidate who is eligible to receive money from the
51-3 supreme court campaign fund under Chapter 258 but who chooses not
51-4 to participate or a specific-purpose committee for supporting such
51-5 a candidate must include the following statement: "Political
51-6 advertising paid for by (name of committee), which has rejected the
51-7 voluntary limits of the Supreme Court Fair Campaign Practices Act."
51-8 (d) A person who violates this section commits an offense.
51-9 An offense under this section is a Class A misdemeanor.
51-10 Sec. 255.009. ADDITIONAL DISCLOSURE ON CERTAIN POLITICAL
51-11 ADVERTISING. (a) This section applies only to the principal
51-12 campaign committee of a candidate for state representative, state
51-13 senator, or statewide office other than chief justice or associate
51-14 justice, supreme court, or to a specific-purpose committee for
51-15 supporting such a candidate.
51-16 (b) Political advertising by the principal campaign
51-17 committee of a complying candidate or a specific-purpose committee
51-18 for supporting a complying candidate must include the following
51-19 statement: "Political advertising paid for by (name of committee)
51-20 in compliance with voluntary limits of the Texas Fair Campaign
51-21 Practices Act."
51-22 (c) Political advertising by the principal campaign
51-23 committee of a noncomplying candidate or a specific-purpose
51-24 committee for supporting a noncomplying candidate must include the
51-25 following statement: "Political advertising paid for by (name of
51-26 committee), which has rejected the voluntary limits of the Texas
51-27 Fair Campaign Practices Act."
52-1 (d) In this section, "complying candidate" and "noncomplying
52-2 candidate" have the meanings assigned by Section 253.181.
52-3 (e) A person who violates this section commits an offense.
52-4 An offense under this section is a Class A misdemeanor.
52-5 SECTION 42. Title 15, Election Code, is amended by adding
52-6 Chapter 258 to read as follows:
52-7 CHAPTER 258. PUBLIC FINANCING OF SUPREME COURT CAMPAIGNS
52-8 SUBCHAPTER A. GENERAL PROVISIONS
52-9 Sec. 258.001. APPLICABILITY OF CHAPTER. This chapter
52-10 applies only to the offices of chief justice and associate justice,
52-11 supreme court.
52-12 Sec. 258.002. EFFECT OF ACCEPTING PUBLIC MONEY. By
52-13 accepting money from the supreme court campaign fund, a candidate
52-14 and the candidate's principal campaign committee agree to abide by
52-15 the contribution and expenditure limits of Subchapter F, Chapter
52-16 253.
52-17 (Sections 258.003-258.010 reserved for expansion
52-18 SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
52-19 Sec. 258.011. CERTIFICATION OF CANDIDATE AS CONDITIONALLY
52-20 ELIGIBLE. (a) Not later than the fifth day after the date the
52-21 state chairman of a political party certifies to the secretary of
52-22 state the candidates who are the party's nominees for statewide
52-23 office, the secretary in writing shall certify the party's
52-24 candidates, if any, for chief justice or associate justice, supreme
52-25 court, to the commission as conditionally eligible. The
52-26 certification must state whether the party's nominee for governor
52-27 received at least 10 percent of the total votes received by all
53-1 candidates in the most recent gubernatorial general election.
53-2 (b) Not later than the fifth day after the date the
53-3 secretary of state certifies a candidate as an independent
53-4 candidate for chief justice or associate justice, supreme court,
53-5 the secretary in writing shall certify the candidate to the
53-6 commission as conditionally eligible.
53-7 (c) Not later than the fifth day after the date the
53-8 secretary of state certifies a candidate for placement on the list
53-9 of write-in candidates as a candidate for chief justice or
53-10 associate justice, supreme court, the secretary in writing shall
53-11 certify the candidate to the commission as conditionally eligible.
53-12 (d) The secretary of state shall send a copy of a
53-13 certification under this section to the affected candidate.
53-14 Sec. 258.012. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a)
53-15 Not later than the fifth day after the date the commission
53-16 determines a candidate is eligible, the commission shall certify to
53-17 the comptroller as eligible each candidate:
53-18 (1) who the secretary of state has certified to the
53-19 commission as conditionally eligible; and
53-20 (2) who:
53-21 (A) is the nominee of a political party whose
53-22 nominee for governor received at least 10 percent of the total
53-23 votes received by all candidates in the most recent gubernatorial
53-24 general election; or
53-25 (B) is a candidate other than a candidate
53-26 described by Paragraph (A), if:
53-27 (i) the candidate's principal campaign
54-1 committee has accepted campaign contributions from at least 500
54-2 contributors that in the aggregate equal or exceed $50,000;
54-3 (ii) each contribution used for computing
54-4 the amount of contributions under Subparagraph (i) was accepted on
54-5 or after January 1 of the year preceding the year in which the
54-6 general election for the office the candidate seeks occurs; and
54-7 (iii) the aggregate amount of
54-8 contributions used for computing the amount of contributions under
54-9 Subparagraph (i) from any one contributor does not exceed $1,000.
54-10 (b) A candidate who is eligible under Subsection (a)(2)(A)
54-11 is considered to be determined eligible by the commission on the
54-12 date the secretary of state certifies to the commission that the
54-13 candidate is conditionally eligible.
54-14 (c) A determination as to whether a candidate is eligible
54-15 under Subsection (a)(2)(B) must be based on reports of political
54-16 contributions and expenditures filed under Chapter 254. The
54-17 commission is not required to make a determination as to whether a
54-18 candidate is eligible under Subsection (a)(2)(B) until the
54-19 candidate makes a written request for a determination. The
54-20 commission must make a determination not later than the 15th day
54-21 after the date the commission receives the request.
54-22 (d) The commission shall send a copy of a certification
54-23 under this section to the affected candidate.
54-24 (Sections 258.013-258.050 reserved for expansion
54-25 SUBCHAPTER C. SUPREME COURT CAMPAIGN FUND
54-26 Sec. 258.051. SUPREME COURT CAMPAIGN FUND. (a) The supreme
54-27 court campaign fund is in the state treasury.
55-1 (b) The fund consists of:
55-2 (1) amounts credited to the fund under Section
55-3 191.145, Tax Code;
55-4 (2) amounts refunded to the fund under Section 258.055
55-5 or 258.056;
55-6 (3) amounts appropriated to the fund; and
55-7 (4) amounts received by the commission or comptroller
55-8 as a gift or grant to the fund.
55-9 (c) The comptroller shall distribute amounts from the fund
55-10 as provided by Section 258.053.
55-11 (d) For a person to be eligible to receive money from the
55-12 fund, the commission must certify to the comptroller that the
55-13 person is eligible as provided by Section 258.012.
55-14 Sec. 258.052. MATCHING FUNDS FOR ELIGIBLE CANDIDATES. (a)
55-15 Subject to the limits prescribed by Subsections (b) and (c), the
55-16 principal campaign committee of a certified candidate may receive
55-17 from the supreme court campaign fund an amount equal to the amount
55-18 of each political contribution accepted by the committee from an
55-19 individual on or after January 1 of the year preceding the year in
55-20 which the election for the office the candidate seeks occurs.
55-21 (b) In computing the amount that the principal campaign
55-22 committee of a candidate may receive, the commission may not
55-23 include any amount by which the aggregate contributions accepted by
55-24 the committee from an individual on or after January 1 of the year
55-25 preceding the year in which the election occurs exceeds $2,500.
55-26 (c) Except as provided by Subsection (d), the principal
55-27 campaign committee of a candidate may not receive from the fund
56-1 more than $1 million for the general election.
56-2 (d) The principal campaign committee of a certified
56-3 candidate who has an opponent who is eligible for public financing
56-4 under this chapter but who chooses not to participate may receive
56-5 from the fund the amount to which the principal campaign committee
56-6 of the nonparticipating candidate would have been entitled.
56-7 Sec. 258.053. DISTRIBUTIONS FROM FUND. The comptroller
56-8 shall distribute funds to the principal campaign committees of
56-9 certified candidates as directed by the commission. If the amount
56-10 in the supreme court campaign fund is insufficient to provide the
56-11 amounts specified by Section 258.052, the comptroller shall
56-12 determine the amount of available funds and shall distribute the
56-13 amount on a pro rata basis.
56-14 Sec. 258.054. RESTRICTION ON USE OF MONEY FROM FUND. (a)
56-15 Money accepted by the principal campaign committee of a candidate
56-16 from the supreme court campaign fund is considered to be a campaign
56-17 contribution to the committee. Except as otherwise provided by
56-18 this chapter, the provisions of this title regulating the use of
56-19 political contributions apply to money accepted by a committee from
56-20 the fund.
56-21 (b) The principal campaign committee of a candidate may use
56-22 money accepted from the fund only for expenses related to the
56-23 campaign for election.
56-24 (c) The principal campaign committee of a candidate who uses
56-25 money from the fund in violation of Subsection (b) is not eligible
56-26 for any additional money from the fund.
56-27 (d) A person who uses money from the fund in violation of
57-1 Subsection (b) commits an offense. An offense under this section
57-2 is a Class A misdemeanor.
57-3 Sec. 258.055. REFUND OF UNEXPENDED AMOUNTS. (a) After the
57-4 general election for state and county officers, the principal
57-5 campaign committee of a candidate shall refund amounts accepted
57-6 from the supreme court campaign fund that have not been expended or
57-7 contractually obligated. All campaign contributions that have not
57-8 been expended or contractually obligated as of the date of the
57-9 general election are considered to be contributions from the fund,
57-10 except to the extent the remaining campaign contributions exceed
57-11 the amount the committee received from the fund.
57-12 (b) The principal campaign committee of a candidate shall
57-13 make a refund under this section to the comptroller not later than
57-14 the 30th day after the date of the general election. The
57-15 comptroller shall deposit refunds received under this section to
57-16 the credit of the fund.
57-17 Sec. 258.056. WITHDRAWAL OR INELIGIBILITY OF CANDIDATE. The
57-18 principal campaign committee of a candidate who withdraws from an
57-19 election or is declared ineligible shall refund amounts accepted
57-20 from the supreme court campaign fund that have not been expended or
57-21 contractually obligated. The committee shall refund those amounts
57-22 to the comptroller not later than the 10th day after the date the
57-23 candidate withdraws or is declared ineligible. The comptroller
57-24 shall deposit refunds received under this section to the credit of
57-25 the fund.
57-26 SECTION 43. Subchapter A, Chapter 31, Election Code, is
57-27 amended by adding Section 31.006 to read as follows:
58-1 Sec. 31.006. VOTER INFORMATION PAMPHLET. (a) The secretary
58-2 of state shall prepare a nonpartisan voter information pamphlet for
58-3 each general election for state and county officers.
58-4 (b) The pamphlet must identify each candidate for state
58-5 representative, state senator, or statewide office whose name will
58-6 appear on the ballot and must include:
58-7 (1) the candidate's name and address;
58-8 (2) the names of the candidate's spouse and children,
58-9 if any;
58-10 (3) the candidate's educational background;
58-11 (4) the candidate's:
58-12 (A) governmental experience, if the candidate is
58-13 seeking an office other than a judicial office; or
58-14 (B) judicial experience, if the candidate is
58-15 seeking a judicial office;
58-16 (5) an unedited statement by the candidate of the
58-17 candidate's positions, not to exceed 50 words; and
58-18 (6) the candidate's party affiliation.
58-19 (c) A statement of positions by a candidate for a judicial
58-20 office must comply with the Code of Judicial Conduct.
58-21 (d) The identification of a candidate for the office of
58-22 chief justice or associate justice, supreme court, who is eligible
58-23 under Chapter 258 to receive money from the supreme court campaign
58-24 fund but who chooses not to participate may include only the
58-25 information described by Subsections (b)(1) and (6) and must be
58-26 accompanied by the following statement: "(Name of candidate) chose
58-27 not to participate in the public campaign financing for supreme
59-1 court candidates."
59-2 (e) The identification of a candidate for an office other
59-3 than chief justice or associate justice, supreme court, who has not
59-4 filed a declaration of compliance as provided by Section 253.182
59-5 may include only the information described by Subsections (b)(1)
59-6 and (6) and must be accompanied by the following statement: "(Name
59-7 of candidate) chose not to comply with the Texas Fair Campaign
59-8 Practices Act."
59-9 (f) The secretary of state may prepare different pamphlets
59-10 for voters residing in different areas of the state. Each pamphlet
59-11 need contain only the candidates for:
59-12 (1) state representative and state senator for
59-13 districts in the area; and
59-14 (2) statewide office.
59-15 SECTION 44. Section 191.142(b), Tax Code, is amended to read
59-16 as follows:
59-17 (b) The tax rate is $280 <$200> per year to be paid in
59-18 advance.
59-19 SECTION 45. Section 191.145, Tax Code, is amended by
59-20 amending Subsection (b) and adding Subsection (c) to read as
59-21 follows:
59-22 (b) Fifty <Seventy-five> percent of the taxes collected
59-23 under this subchapter in any tax year shall be deposited to the
59-24 credit of the general revenue fund.
59-25 (c) Twenty-five percent of the taxes collected under this
59-26 section in any tax year shall be deposited to the credit of the
59-27 supreme court campaign fund under Chapter 258, Election Code.
60-1 SECTION 46. The following provisions of the Election Code
60-2 are repealed:
60-3 (1) Sections 253.036, 253.040, 253.042(g), 254.201,
60-4 and 254.202; and
60-5 (2) Subchapter D, Chapter 254.
60-6 SECTION 47. (a) Chapter 258, Election Code, as added by
60-7 Section 42 of this Act, is amended by adding Section 258.0011 to
60-8 read as follows:
60-9 Sec. 258.0011. DEFINITION. Notwithstanding Section 1.39(b),
60-10 Chapter 304, Acts of the 72nd Legislature, Regular Session, 1991, a
60-11 reference in this chapter to the secretary of state means the
60-12 secretary of state.
60-13 (b) This section takes effect only if H.B. No. 947, 73rd
60-14 Legislature, Regular Session, 1993, and S.B. No. 451, 73rd
60-15 Legislature, Regular Session, 1993, are not enacted or do not
60-16 become law. If either H.B. No. 947, 73rd Legislature, Regular
60-17 Session, 1993, or S.B. No. 451, 73rd Legislature, Regular Session,
60-18 1993, is enacted and becomes law, this section has no effect.
60-19 SECTION 48. This Act takes effect September 1, 1993.
60-20 SECTION 49. (a) Not later than September 15, 1993, each
60-21 person who on September 1, 1993, is a candidate, as that term is
60-22 defined in Section 251.001, Election Code, or an officeholder
60-23 covered by Title 15, Election Code, shall designate a principal
60-24 campaign committee as provided by Section 251.009, Election Code,
60-25 as added by this Act.
60-26 (b) Not later than the 15th day after the date a candidate
60-27 or officeholder designates a principal campaign committee as
61-1 provided by Subsection (a) of this section, the person shall
61-2 transfer to the committee all assets that the person holds in the
61-3 person's capacity as a candidate or officeholder.
61-4 (c) Effective the 15th day after the date a candidate or
61-5 officeholder designates a principal campaign committee as provided
61-6 by Subsection (a) of this section, the committee shall assume all
61-7 liabilities of the person in the person's capacity as a candidate
61-8 or officeholder.
61-9 (d) Subsection (c) of this section does not affect any
61-10 personal liability of a candidate or officeholder to which the
61-11 person was subject on September 1, 1993.
61-12 SECTION 50. The importance of this legislation and the
61-13 crowded condition of the calendars in both houses create an
61-14 emergency and an imperative public necessity that the
61-15 constitutional rule requiring bills to be read on three several
61-16 days in each house be suspended, and this rule is hereby suspended.