By Madden H.B. No. 558
74R1524 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reporting of offers of money made to candidates,
1-3 officeholders, and political committees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 251.001(2), (3), and (4), Election Code,
1-6 are amended to read as follows:
1-7 (2) "Contribution" means a direct or indirect transfer
1-8 of money, goods, services, or any other thing of value and includes
1-9 a legally enforceable <an> agreement made or other obligation
1-10 incurred<, whether legally enforceable or not,> to make a transfer.
1-11 The term includes a loan or extension of credit, other than those
1-12 expressly excluded by this subdivision, and a guarantee of a loan
1-13 or extension of credit, including a loan described by this
1-14 subdivision. The term does not include:
1-15 (A) a loan made in the due course of business by
1-16 a corporation that is legally engaged in the business of lending
1-17 money and that has conducted the business continuously for more
1-18 than one year before the loan is made; or
1-19 (B) an expenditure required to be reported under
1-20 Section 305.006(b), Government Code.
1-21 (3) "Campaign contribution" means a contribution to a
1-22 candidate or political committee that is <offered or> given with
1-23 the intent that it be used in connection with a campaign for
1-24 elective office or on a measure. Whether a contribution is made
2-1 before, during, or after an election does not affect its status as
2-2 a campaign contribution.
2-3 (4) "Officeholder contribution" means a contribution
2-4 to an officeholder or political committee that is <offered or>
2-5 given with the intent that it be used to defray expenses that:
2-6 (A) are incurred by the officeholder in
2-7 performing a duty or engaging in an activity in connection with the
2-8 office; and
2-9 (B) are not reimbursable with public money.
2-10 SECTION 2. Section 254.061, Election Code, is amended to
2-11 read as follows:
2-12 Sec. 254.061. Additional Contents of Reports. (a) In
2-13 addition to the contents required by Section 254.031, each report
2-14 by a candidate must include:
2-15 (1) the candidate's full name and address, the office
2-16 sought, and the identity and date of the election for which the
2-17 report is filed;
2-18 (2) the campaign treasurer's name, residence or
2-19 business street address, and telephone number;
2-20 (3) for each political committee from which the
2-21 candidate received notice under Section 254.128 or 254.161:
2-22 (A) the committee's full name and address;
2-23 (B) an indication of whether the committee is a
2-24 general-purpose committee or a specific-purpose committee; and
2-25 (C) the full name and address of the committee's
2-26 campaign treasurer;
2-27 (4) the full name and address of each individual
3-1 acting as a campaign treasurer of a political committee under
3-2 Section 253.062 from whom the candidate received notice under
3-3 Section 254.128 or 254.161; <and>
3-4 (5) on a separate page or pages of the report, the
3-5 identification of any payment from political contributions made to
3-6 a business in which the candidate has a participating interest of
3-7 more than 10 percent, holds a position on the governing body of the
3-8 business, or serves as an officer of the business; and
3-9 (6) the name of any person who made an offer of money
3-10 to the candidate during the reporting period with the intent that
3-11 it be used in connection with the candidate's campaign if:
3-12 (A) the offer is for $1,000 or more;
3-13 (B) the candidate has reason to believe the
3-14 offer is for $1,000 or more; or
3-15 (C) the offer is to cover 10 percent or more of
3-16 the total anticipated costs of the campaign.
3-17 (b) The report filed not later than January 15 of each
3-18 odd-numbered year must also include the name of each person who
3-19 made an offer of money to the candidate with the intent that it be
3-20 used in connection with the candidate's campaign, if the offered
3-21 money was not received by the candidate, and the amount of the
3-22 offer. The information required by this subsection is for the
3-23 period beginning January 1 of the preceding odd-numbered year or
3-24 the day the candidate's campaign treasurer appointment is filed, as
3-25 applicable, and continuing through December 31 of the preceding
3-26 even-numbered year.
3-27 SECTION 3. Section 254.091, Election Code, is amended to
4-1 read as follows:
4-2 Sec. 254.091. Additional Contents of Reports. (a) In
4-3 addition to the contents required by Section 254.031, each report
4-4 by an officeholder must include:
4-5 (1) the officeholder's full name and address and the
4-6 office held;
4-7 (2) for each political committee from which the
4-8 officeholder received notice under Section 254.128 or 254.161:
4-9 (A) the committee's full name and address;
4-10 (B) an indication of whether the committee is a
4-11 general-purpose committee or a specific-purpose committee; and
4-12 (C) the full name and address of the committee's
4-13 campaign treasurer; <and>
4-14 (3) on a separate page or pages of the report, the
4-15 identification of any payment from political contributions made to
4-16 a business in which the officeholder has a participating interest
4-17 of more than 10 percent, holds a position on the governing body of
4-18 the business, or serves as an officer of the business; and
4-19 (4) the name of any person who made an offer of money
4-20 to the officeholder during the reporting period with the intent
4-21 that it be used to defray officeholder expenses that are not
4-22 reimbursable with public money if:
4-23 (A) the offer is for $1,000 or more; or
4-24 (B) the officeholder has reason to believe the
4-25 offer is for $1,000 or more.
4-26 (b) The report filed not later than January 15 of each
4-27 odd-numbered year must also include the name of each person who
5-1 made an offer of money to the officeholder with the intent that it
5-2 be used to defray officeholder expenses that are not reimbursable
5-3 with public money, if the offered money was not received by the
5-4 officeholder, and the amount of the offer. The information
5-5 required by this subsection is for the period beginning January 1
5-6 of the preceding odd-numbered year or the day the officeholder
5-7 takes office, as applicable, and continuing through December 31 of
5-8 the preceding even-numbered year.
5-9 SECTION 4. Section 254.121, Election Code, is amended to
5-10 read as follows:
5-11 Sec. 254.121. Additional Contents of Reports. (a) In
5-12 addition to the contents required by Section 254.031, each report
5-13 by a campaign treasurer of a specific-purpose committee must
5-14 include:
5-15 (1) the committee's full name and address;
5-16 (2) the full name, residence or business street
5-17 address, and telephone number of the committee's campaign
5-18 treasurer;
5-19 (3) the identity and date of the election for which
5-20 the report is filed, if applicable;
5-21 (4) the name of each candidate and each measure
5-22 supported or opposed by the committee, indicating for each whether
5-23 the committee supports or opposes;
5-24 (5) the name of each officeholder assisted by the
5-25 committee;
5-26 (6) the amount of each political expenditure in the
5-27 form of a political contribution that is made to a candidate,
6-1 officeholder, or another political committee and that is returned
6-2 to the committee during the reporting period, the name of the
6-3 person to whom the expenditure was originally made, and the date it
6-4 is returned;
6-5 (7) on a separate page or pages of the report, the
6-6 identification of any payment from political contributions made to
6-7 a business in which the candidate or officeholder has a
6-8 participating interest of more than 10 percent, holds a position on
6-9 the governing body of the business, or serves as an officer of the
6-10 business; <and>
6-11 (8) on a separate page or pages of the report, the
6-12 identification of any contribution from a corporation or labor
6-13 organization made and accepted under Subchapter D, Chapter 253; and
6-14 (9) the name of any person who made an offer of money
6-15 to the committee during the reporting period with the intent that
6-16 it be used in connection with a campaign for elective office or on
6-17 a measure, or to defray officeholder expenses that are not
6-18 reimbursable with public money, if:
6-19 (A) the offer is for $1,000 or more;
6-20 (B) the campaign treasurer has reason to believe
6-21 the offer is for $1,000 or more; or
6-22 (C) the offer is to cover 10 percent or more of
6-23 the total anticipated costs of the campaign:
6-24 (i) of a specific candidate supported by
6-25 the committee; or
6-26 (ii) concerning a specific measure
6-27 supported or opposed by the committee.
7-1 (b) The report filed not later than January 15 of each
7-2 odd-numbered year must also include the name of each person who
7-3 made an offer of money to the committee with the intent that it be
7-4 used in connection with a campaign for elective office or on a
7-5 measure, or to defray officeholder expenses that are not
7-6 reimbursable with public money, if the offered money was not
7-7 received by the committee, and the amount of the offer. The
7-8 information required by this subsection is for the period beginning
7-9 January 1 of the preceding odd-numbered year or the day the
7-10 committee's campaign treasurer appointment is filed, as applicable,
7-11 and continuing through December 31 of the preceding even-numbered
7-12 year.
7-13 SECTION 5. This Act takes effect September 1, 1995.
7-14 SECTION 6. The importance of this legislation and the
7-15 crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended.