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