By Hochberg H.B. No. 998
74R4944 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to loans made from the personal funds of a candidate or
1-3 officeholder and to the disclosure required on political
1-4 advertising.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 253, Election Code, is
1-7 amended by adding Section 253.0351 to read as follows:
1-8 Sec. 253.0351. LOANS FROM PERSONAL FUNDS. (a) A candidate
1-9 or officeholder who deposits personal funds in an amount that
1-10 exceeds $50 per occasion in an account in a financial institution
1-11 in which the person maintains only campaign and officeholder
1-12 contributions may report the amount deposited as a loan and may
1-13 reimburse his personal funds from political contributions in the
1-14 amount of the reported loan.
1-15 (b) Section 253.035(h) applies if the person does not report
1-16 an amount as a loan as authorized by Subsection (a).
1-17 SECTION 2. Section 253.035(h), Election Code, is amended to
1-18 read as follows:
1-19 (h) Except as provided by Section 253.0351 or 253.042, a
1-20 candidate or officeholder who makes political expenditures from his
1-21 personal funds may reimburse his personal funds from political
1-22 contributions in the amount of those expenditures only if:
1-23 (1) the expenditures from personal funds were fully
1-24 reported as political expenditures, including the payees, dates,
2-1 purposes, and amounts of the expenditures, in the report required
2-2 to be filed under this title that covers the period in which the
2-3 expenditures from personal funds were made; and
2-4 (2) the report on which the expenditures from personal
2-5 funds are disclosed clearly designates those expenditures as having
2-6 been made from the person's personal funds and that the
2-7 expenditures are subject to reimbursement.
2-8 SECTION 3. Section 255.001, Election Code, is amended by
2-9 adding Subsection (d) to read as follows:
2-10 (d) A person who, as a candidate or on behalf of a
2-11 candidate, enters into a contract or other agreement described by
2-12 this section does not violate this section by referring to the
2-13 candidate's campaign if the name of the candidate is clearly stated
2-14 and the disclosure is not misleading.
2-15 SECTION 4. This Act takes effect September 1, 1995.
2-16 SECTION 5. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.