1-1 By: Black, et al. (Senate Sponsor - Brown) H.B. No. 2 1-2 (In the Senate - Received from the House March 8, 1995; 1-3 March 9, 1995, read first time and referred to Committee on State 1-4 Affairs; April 11, 1995, reported favorably by the following vote: 1-5 Yeas 13, Nays 0; April 11, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to restrictions on contributions to legislative caucuses 1-9 during regular sessions of the legislature and to reporting 1-10 requirements concerning caucus contributions and expenditures; 1-11 providing penalties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter B, Chapter 253, Election Code, is 1-14 amended by adding Section 253.0341 to read as follows: 1-15 Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO LEGISLATIVE 1-16 CAUCUSES DURING REGULAR LEGISLATIVE SESSION. (a) During the 1-17 period beginning on the 30th day before the date a regular 1-18 legislative session convenes and continuing through the day of 1-19 final adjournment, a person not a member of the caucus may not 1-20 knowingly make a contribution to a legislative caucus. 1-21 (b) A legislative caucus may not knowingly accept from a 1-22 nonmember a contribution, and shall refuse a contribution from a 1-23 nonmember that is received, during the period prescribed by 1-24 Subsection (a). A contribution that is received and refused during 1-25 that period shall be returned to the contributor not later than the 1-26 30th day after the date of receipt. A contribution made by mail is 1-27 not considered received during that period if it was placed with 1-28 postage prepaid and properly addressed in the United States mail 1-29 before the beginning of the period. The date indicated by the post 1-30 office cancellation mark is considered to be the date the 1-31 contribution was placed in the mail unless proven otherwise. 1-32 (c) A person who violates this section commits an offense. 1-33 An offense under this section is a Class A misdemeanor. 1-34 (d) A person who knowingly makes or accepts a contribution 1-35 in violation of this section is liable for damages to the state in 1-36 the amount of triple the value of the unlawful contribution. 1-37 (e) In this section, "legislative caucus" means an 1-38 organization that is composed exclusively of members of the 1-39 legislature, that elects or appoints officers and recognizes 1-40 identified legislators as members of the organization, and that 1-41 exists for research and other support of policy development and 1-42 interests that the membership hold in common. An organization 1-43 whose only nonlegislator members are the lieutenant governor or the 1-44 governor remains a "legislative caucus" for purposes of this 1-45 section. 1-46 SECTION 2. Subchapter B, Chapter 254, Election Code, is 1-47 amended by adding Section 254.0311 to read as follows: 1-48 Sec. 254.0311. REPORT BY LEGISLATIVE CAUCUS. (a) A 1-49 legislative caucus shall file a report of contributions and 1-50 expenditures as required by this section. 1-51 (b) A report filed under this section must include: 1-52 (1) the amount of contributions from each person, 1-53 other than a caucus member, that in the aggregate exceed $50 and 1-54 that are accepted during the reporting period by the legislative 1-55 caucus, the full name and address of the person making the 1-56 contributions, and the dates of the contributions; 1-57 (2) the amount of loans that are made during the 1-58 reporting period to the legislative caucus and that in the 1-59 aggregate exceed $50, the dates the loans are made, the interest 1-60 rate, the maturity date, the type of collateral for the loans, if 1-61 any, the full name and address of the person or financial 1-62 institution making the loans, the full name and address, principal 1-63 occupation, and name of the employer of each guarantor of the 1-64 loans, the amount of the loans guaranteed by each guarantor, and 1-65 the aggregate principal amount of all outstanding loans as of the 1-66 last day of the reporting period; 1-67 (3) the amount of expenditures that in the aggregate 1-68 exceed $50 and that are made during the reporting period, the full 2-1 name and address of the persons to whom the expenditures are made, 2-2 and the dates and purposes of the expenditures; 2-3 (4) the total amount or a specific listing of 2-4 contributions of $50 or less accepted from persons other than 2-5 caucus members and the total amount or a specific listing of 2-6 expenditures of $50 or less made during the reporting period; and 2-7 (5) the total amount of all contributions accepted, 2-8 including total contributions from caucus members, and the total 2-9 amount of all expenditures made during the reporting period. 2-10 (c) If no reportable activity occurs during a reporting 2-11 period, the legislative caucus shall indicate that fact in the 2-12 report. 2-13 (d) A legislative caucus shall file with the commission two 2-14 reports for each year. 2-15 (e) The first report shall be filed not later than July 15. 2-16 The report covers the period beginning January 1 or the day the 2-17 legislative caucus is organized, as applicable, and continuing 2-18 through June 30. 2-19 (f) The second report shall be filed not later than January 2-20 15. The report covers the period beginning July 1 or the day the 2-21 legislative caucus is organized, as applicable, and continuing 2-22 through December 31. 2-23 (g) A legislative caucus shall maintain a record of all 2-24 reportable activity under this section and shall preserve the 2-25 record for at least two years beginning on the filing deadline for 2-26 the report containing the information in the record. 2-27 (h) In this section, "legislative caucus" has the meaning 2-28 assigned by Section 253.0341. 2-29 SECTION 3. Section 254.036, Election Code, is amended by 2-30 adding Subsection (d) to read as follows: 2-31 (d) The commission shall prescribe forms for purposes of 2-32 legislative caucus reports under Section 254.0311 that are separate 2-33 and distinct from forms for other reports under this chapter. 2-34 SECTION 4. Subchapter A, Chapter 251, Election Code, is 2-35 amended by adding Section 251.009 to read as follows: 2-36 Sec. 251.009. LEGISLATIVE CAUCUS CONTRIBUTION OR EXPENDITURE 2-37 NOT CONSIDERED TO BE OFFICEHOLDER CONTRIBUTION OR EXPENDITURE. A 2-38 contribution to or expenditure by a legislative caucus, as defined 2-39 by Section 253.0341, is not considered to be an officeholder 2-40 contribution or officeholder expenditure for purposes of this 2-41 title. 2-42 SECTION 5. The importance of this legislation and the 2-43 crowded condition of the calendars in both houses create an 2-44 emergency and an imperative public necessity that the 2-45 constitutional rule requiring bills to be read on three several 2-46 days in each house be suspended, and this rule is hereby suspended, 2-47 and that this Act take effect and be in force from and after its 2-48 passage, and it is so enacted. 2-49 * * * * *