By Mowery H.B. No. 990
74R2152 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limits on political contributions to and direct
1-3 campaign expenditures made on behalf of certain officeholders,
1-4 candidates, and political committees; providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 253, Election Code, is amended by adding
1-7 Subchapter F to read as follows:
1-8 SUBCHAPTER F. CONTRIBUTION LIMITS
1-9 Sec. 253.151. CONTRIBUTION LIMIT. (a) A person may not
1-10 knowingly make or authorize political contributions that in the
1-11 aggregate exceed $5,000 to:
1-12 (1) an officeholder;
1-13 (2) a candidate;
1-14 (3) a specific-purpose committee for:
1-15 (A) assisting an officeholder; or
1-16 (B) supporting or opposing a candidate;
1-17 (4) a combination of an officeholder and a related
1-18 committee;
1-19 (5) a combination of a candidate and a related
1-20 committee; or
1-21 (6) a combination of related committees for:
1-22 (A) assisting an officeholder; or
1-23 (B) supporting or opposing a candidate.
1-24 (b) The limit provided by Subsection (a) applies with
2-1 respect to each election cycle in which the candidate or
2-2 officeholder is involved.
2-3 (c) A person may not knowingly accept political
2-4 contributions made or authorized in violation of this section.
2-5 (d) A candidate or officeholder who has accepted a political
2-6 contribution from a person that, when aggregated with political
2-7 contributions accepted from the person by a related committee,
2-8 exceeds the limit prescribed by Subsection (a), shall, not later
2-9 than the third day after the date the candidate or officeholder
2-10 receives notice of acceptance of a contribution by a related
2-11 committee on behalf of the candidate or officeholder under Section
2-12 254.1281, return to the person the lesser of:
2-13 (1) the amount by which the contributions accepted by
2-14 the candidate or officeholder and the related committee exceed the
2-15 limit prescribed by Subsection (a); or
2-16 (2) the total amount of contributions accepted from
2-17 the person by the candidate or officeholder.
2-18 (e) A person who violates this section commits an offense.
2-19 An offense under this section is a Class A misdemeanor.
2-20 (f) In this section:
2-21 (1) "Election cycle" means:
2-22 (A) the primary election, runoff primary
2-23 election, if any, and general election for an office for which a
2-24 primary election is held;
2-25 (B) the general election and runoff election, if
2-26 any, for an office for which a primary election is not held; or
2-27 (C) a special election and runoff election, if
3-1 any.
3-2 (2) "Related committee" means:
3-3 (A) with regard to an officeholder, a
3-4 specific-purpose committee for assisting the officeholder; and
3-5 (B) with regard to a candidate, a
3-6 specific-purpose committee for supporting the candidate or opposing
3-7 the candidate's opponent.
3-8 (3) "With respect to an election cycle" means:
3-9 (A) with regard to a contribution that is
3-10 designated in writing for a particular election, the election cycle
3-11 that includes the election designated; or
3-12 (B) with regard to a contribution that is not
3-13 designated in writing for a particular election or that is
3-14 designated as an officeholder contribution, the election cycle that
3-15 includes the next election for that office occurring after the
3-16 contribution is made.
3-17 Sec. 253.152. DIRECT CAMPAIGN EXPENDITURE. (a) For
3-18 purposes of Section 253.151, a direct campaign expenditure is
3-19 considered to be a campaign contribution to a candidate if it is
3-20 made with the cooperation or prior consent of, in consultation
3-21 with, or at the suggestion of:
3-22 (1) the candidate;
3-23 (2) a specific-purpose committee for supporting the
3-24 candidate or opposing the candidate's opponent; or
3-25 (3) a person acting with the candidate's knowledge and
3-26 consent.
3-27 (b) An individual who makes a direct campaign expenditure to
4-1 which Subsection (a) applies shall give notice of that fact to the
4-2 affected candidate or officeholder as provided by Section 254.128
4-3 for a specific-purpose committee and shall include the amount of
4-4 the direct campaign expenditure in the notice.
4-5 (c) A political committee that makes a direct campaign
4-6 expenditure to which Subsection (a) applies shall include the
4-7 amount of the direct campaign expenditure in the notice required by
4-8 Section 254.128 or 254.161, as applicable.
4-9 SECTION 2. Section 254.061, Election Code, is amended to
4-10 read as follows:
4-11 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
4-12 to the contents required by Section 254.031, each report by a
4-13 candidate must include:
4-14 (1) the candidate's full name and address, the office
4-15 sought, and the identity and date of the election for which the
4-16 report is filed;
4-17 (2) the campaign treasurer's name, residence or
4-18 business street address, and telephone number;
4-19 (3) for each political committee from which the
4-20 candidate received notice under Section 254.128 or 254.161:
4-21 (A) the committee's full name and address;
4-22 (B) an indication of whether the committee is a
4-23 general-purpose committee or a specific-purpose committee; and
4-24 (C) the full name and address of the committee's
4-25 campaign treasurer;
4-26 (4) the full name and address of each individual
4-27 acting as a campaign treasurer of a political committee under
5-1 Section 253.062 from whom the candidate received notice under
5-2 Section 254.128 or 254.161; <and>
5-3 (5) on a separate page or pages of the report, the
5-4 identification of any payment from political contributions made to
5-5 a business in which the candidate has a participating interest of
5-6 more than 10 percent, holds a position on the governing body of the
5-7 business, or serves as an officer of the business; and
5-8 (6) the amount of political contributions from each
5-9 person of which the candidate has received notice under Section
5-10 254.1281, the full name and address of the person making the
5-11 contributions and the specific-purpose committee accepting the
5-12 contributions, and the dates of the contributions.
5-13 SECTION 3. Section 254.091, Election Code, is amended to
5-14 read as follows:
5-15 Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition
5-16 to the contents required by Section 254.031, each report by an
5-17 officeholder must include:
5-18 (1) the officeholder's full name and address and the
5-19 office held;
5-20 (2) for each political committee from which the
5-21 officeholder received notice under Section 254.128 or 254.161:
5-22 (A) the committee's full name and address;
5-23 (B) an indication of whether the committee is a
5-24 general-purpose committee or a specific-purpose committee; and
5-25 (C) the full name and address of the committee's
5-26 campaign treasurer; <and>
5-27 (3) on a separate page or pages of the report, the
6-1 identification of any payment from political contributions made to
6-2 a business in which the officeholder has a participating interest
6-3 of more than 10 percent, holds a position on the governing body of
6-4 the business, or serves as an officer of the business; and
6-5 (4) the amount of political contributions from each
6-6 person of which the officeholder has received notice under Section
6-7 254.1281, the full name and address of the person making the
6-8 contributions and the specific-purpose committee accepting the
6-9 contributions, and the dates of the contributions.
6-10 SECTION 4. Section 254.128(a), Election Code, is amended to
6-11 read as follows:
6-12 (a) Except as provided by Section 254.1281, if <If> a
6-13 specific-purpose committee accepts political contributions or makes
6-14 political expenditures for a candidate or officeholder, the
6-15 committee's campaign treasurer shall deliver written notice of that
6-16 fact to the affected candidate or officeholder not later than the
6-17 end of the period covered by the report in which the reportable
6-18 activity occurs.
6-19 SECTION 5. Subchapter E, Chapter 254, Election Code, is
6-20 amended by adding Section 254.1281 to read as follows:
6-21 Sec. 254.1281. NOTICE TO CANDIDATE OR OFFICEHOLDER OF
6-22 CERTAIN CONTRIBUTIONS. (a) If a specific-purpose committee
6-23 accepts political contributions for a candidate or officeholder,
6-24 the specific-purpose committee's campaign treasurer shall deliver
6-25 written notice of that fact to the affected candidate or
6-26 officeholder not later than the third day after the date the
6-27 specific-purpose committee accepts the contribution.
7-1 (b) The notice must include:
7-2 (1) the full name and address of the person making the
7-3 contribution and, if the person is a political committee, its
7-4 campaign treasurer;
7-5 (2) the full name and address of the specific-purpose
7-6 committee accepting the contribution and its campaign treasurer and
7-7 an indication that the committee is a specific-purpose committee;
7-8 and
7-9 (3) the amount and date of the contribution.
7-10 (c) A specific-purpose committee that notifies a candidate
7-11 or officeholder of a contribution under this section does not need
7-12 to deliver a separate notice of the contribution under Section
7-13 254.128.
7-14 (d) A campaign treasurer commits an offense if the campaign
7-15 treasurer fails to comply with this section. An offense under this
7-16 section is a Class A misdemeanor.
7-17 SECTION 6. This Act takes effect September 1, 1995, and
7-18 applies only to a political contribution made or accepted, or a
7-19 direct campaign expenditure made, on or after that date. A
7-20 political contribution made or accepted, or a direct campaign
7-21 expenditure made, before that date is not aggregated with political
7-22 contributions made or accepted, or a direct campaign expenditure
7-23 made, on or after that date for purposes of Section 253.151,
7-24 Election Code, as added by this Act.
7-25 SECTION 7. The importance of this legislation and the
7-26 crowded condition of the calendars in both houses create an
7-27 emergency and an imperative public necessity that the
8-1 constitutional rule requiring bills to be read on three several
8-2 days in each house be suspended, and this rule is hereby suspended.