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.
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