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.