By Black, Berlanga, Craddick H.B. No. 2 74R3905 SRC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to restrictions on contributions to legislative caucuses 1-3 during regular sessions of the legislature and to reporting 1-4 requirements concerning caucus contributions and expenditures; 1-5 providing penalties. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter B, Chapter 253, Election Code, is 1-8 amended by adding Section 253.0341 to read as follows: 1-9 Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO LEGISLATIVE 1-10 CAUCUSES DURING REGULAR LEGISLATIVE SESSION. (a) During the 1-11 period beginning on the 30th day before the date a regular 1-12 legislative session convenes and continuing through the day of 1-13 final adjournment, a person not a member of the caucus may not 1-14 knowingly make a contribution to a legislative caucus. 1-15 (b) A legislative caucus may not knowingly accept from a 1-16 nonmember a contribution, and shall refuse a contribution from a 1-17 nonmember that is received, during the period prescribed by 1-18 Subsection (a). A contribution that is received and refused during 1-19 that period shall be returned to the contributor not later than the 1-20 30th day after the date of receipt. A contribution made by mail is 1-21 not considered received during that period if it was placed with 1-22 postage prepaid and properly addressed in the United States mail 1-23 before the beginning of the period. The date indicated by the post 1-24 office cancellation mark is considered to be the date the 2-1 contribution was placed in the mail unless proven otherwise. 2-2 (c) A person who violates this section commits an offense. 2-3 An offense under this section is a Class A misdemeanor. 2-4 (d) A person who knowingly makes or accepts a contribution 2-5 in violation of this section is liable for damages to the state in 2-6 the amount of triple the value of the unlawful contribution. 2-7 (e) In this section, "legislative caucus" means an 2-8 organization that is composed exclusively of members of the 2-9 legislature, that elects or appoints officers and recognizes 2-10 identified legislators as members of the organization, and that 2-11 exists for research and other support of policy development and 2-12 interests that the membership hold in common. An organization 2-13 whose only nonlegislator members are the lieutenant governor or the 2-14 governor remains a "legislative caucus" for purposes of this 2-15 section. 2-16 SECTION 2. Subchapter B, Chapter 254, Election Code, is 2-17 amended by adding Section 254.0311 to read as follows: 2-18 Sec. 254.0311. REPORT BY LEGISLATIVE CAUCUS. (a) A 2-19 legislative caucus shall file a report of contributions and 2-20 expenditures as required by this section. 2-21 (b) A report filed under this section must include: 2-22 (1) the amount of contributions from each person, 2-23 other than a caucus member, that in the aggregate exceed $50 and 2-24 that are accepted during the reporting period by the legislative 2-25 caucus, the full name and address of the person making the 2-26 contributions, and the dates of the contributions; 2-27 (2) the amount of loans that are made during the 3-1 reporting period to the legislative caucus and that in the 3-2 aggregate exceed $50, the dates the loans are made, the interest 3-3 rate, the maturity date, the type of collateral for the loans, if 3-4 any, the full name and address of the person or financial 3-5 institution making the loans, the full name and address, principal 3-6 occupation, and name of the employer of each guarantor of the 3-7 loans, the amount of the loans guaranteed by each guarantor, and 3-8 the aggregate principal amount of all outstanding loans as of the 3-9 last day of the reporting period; 3-10 (3) the amount of expenditures that in the aggregate 3-11 exceed $50 and that are made during the reporting period, the full 3-12 name and address of the persons to whom the expenditures are made, 3-13 and the dates and purposes of the expenditures; 3-14 (4) the total amount or a specific listing of 3-15 contributions of $50 or less accepted and the total amount or a 3-16 specific listing of expenditures of $50 or less made during the 3-17 reporting period; and 3-18 (5) the total amount of all contributions accepted and 3-19 the total amount of all expenditures made during the reporting 3-20 period. 3-21 (c) If no reportable activity occurs during a reporting 3-22 period, the legislative caucus shall indicate that fact in the 3-23 report. 3-24 (d) A legislative caucus shall file with the commission two 3-25 reports for each year. 3-26 (e) The first report shall be filed not later than July 15. 3-27 The report covers the period beginning January 1 or the day the 4-1 legislative caucus is organized, as applicable, and continuing 4-2 through June 30. 4-3 (f) The second report shall be filed not later than January 4-4 15. The report covers the period beginning July 1 or the day the 4-5 legislative caucus is organized, as applicable, and continuing 4-6 through December 31. 4-7 (g) A legislative caucus shall maintain a record of all 4-8 reportable activity under this section and shall preserve the 4-9 record for at least two years beginning on the filing deadline for 4-10 the report containing the information in the record. 4-11 (h) In this section, "legislative caucus" has the meaning 4-12 assigned by Section 253.0341. 4-13 SECTION 3. The importance of this legislation and the 4-14 crowded condition of the calendars in both houses create an 4-15 emergency and an imperative public necessity that the 4-16 constitutional rule requiring bills to be read on three several 4-17 days in each house be suspended, and this rule is hereby suspended, 4-18 and that this Act take effect and be in force from and after its 4-19 passage, and it is so enacted. 4-20 COMMITTEE AMENDMENT NO. 1 4-21 Amend H.B. No. 2 as follows: 4-22 (1) Add appropriately numbered sections to read as follows: 4-23 SECTION ____. Section 254.036, Election Code, is amended by 4-24 adding Subsection (d) to read as follows: 4-25 (d) The commission shall prescribe forms for purposes of 4-26 legislative caucus reports under Section 254.0311 that are separate 4-27 and distinct from forms for other reports under this chapter. 5-1 SECTION ____. Subchapter A, Chapter 251, Election Code, is 5-2 amended by adding Section 251.009 to read as follows: 5-3 Sec. 251.009. LEGISLATIVE CAUCUS CONTRIBUTION OR EXPENDITURE 5-4 NOT CONSIDERED TO BE OFFICEHOLDER CONTRIBUTION OR EXPENDITURE. A 5-5 contribution to or expenditure by a legislative caucus, as defined 5-6 by Section 253.0341, is not considered to be an officeholder 5-7 contribution or officeholder expenditure for purposes of this 5-8 title. 5-9 (2) On page 3, line 15, strike "accepted" and substitute 5-10 "accepted from persons other than caucus members". 5-11 (3) On page 3, line 18, strike "accepted" and substitute 5-12 "accepted, including total contributions from caucus members,". 5-13 74R5704 SRC-D Black