By Mowery H.B. No. 899
75R2312 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 candidates,
1-4 officeholders, and political committees; providing criminal
1-5 penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 253, Election Code, is amended by adding
1-8 Subchapter G to read as follows:
1-9 SUBCHAPTER G. CONTRIBUTION LIMITS
1-10 Sec. 253.201. CONTRIBUTION LIMITS. (a) A person may not
1-11 knowingly make or authorize political contributions to a candidate
1-12 or officeholder that in the aggregate exceed $5,000 with respect to
1-13 an election cycle in which the candidate or officeholder is
1-14 involved.
1-15 (b) A person may not knowingly accept a political
1-16 contribution, and shall refuse a political contribution that is
1-17 received, in violation of Subsection (a).
1-18 (c) This section does not apply to a political contribution
1-19 in connection with a statewide office.
1-20 (d) A person who violates this section commits an offense.
1-21 An offense under this section is a Class A misdemeanor.
1-22 (e) In this section:
1-23 (1) "Election cycle" means:
1-24 (A) the general primary election, runoff primary
2-1 election, if any, and general election for an office for which a
2-2 primary election is held;
2-3 (B) the general election and runoff election, if
2-4 any, for an office for which a primary election is not held; or
2-5 (C) a special election and runoff election, if
2-6 any.
2-7 (2) "With respect to an election cycle" means:
2-8 (A) with regard to a contribution that is
2-9 designated in writing for a particular election, the election cycle
2-10 that includes the election designated; or
2-11 (B) with regard to a contribution that is not
2-12 designated in writing for a particular election or that is
2-13 designated as an officeholder contribution, the election cycle that
2-14 includes the next election for that office occurring after the
2-15 contribution is made.
2-16 Sec. 253.202. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-17 CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of Section
2-18 253.201, a contribution to a specific-purpose committee for the
2-19 purpose of supporting a candidate, opposing the candidate's
2-20 opponent, or assisting the candidate as an officeholder is
2-21 considered to be a contribution to the candidate or officeholder.
2-22 Sec. 253.203. CERTAIN DIRECT CAMPAIGN EXPENDITURES
2-23 CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
2-24 253.201, a direct campaign expenditure is considered to be a
2-25 campaign contribution to a candidate if it is made with the
2-26 cooperation or prior consent of, in consultation with, or at the
2-27 suggestion of:
3-1 (1) the candidate;
3-2 (2) a specific-purpose committee for supporting the
3-3 candidate or opposing the candidate's opponent; or
3-4 (3) a person acting with the candidate's knowledge and
3-5 consent.
3-6 Sec. 253.204. NOTICE TO CERTAIN CANDIDATES OR OFFICEHOLDERS
3-7 OF INTENT TO ACCEPT CONTRIBUTIONS OR MAKE EXPENDITURES. (a) The
3-8 campaign treasurer of a specific-purpose committee that intends to
3-9 accept political contributions or make political expenditures for
3-10 the purpose of supporting a candidate for an office to which
3-11 Section 253.201 applies, opposing such a candidate's opponent, or
3-12 assisting such a candidate as an officeholder shall deliver written
3-13 notice of the committee's intent to the candidate or officeholder.
3-14 (b) The notice must include the full name and address of the
3-15 specific-purpose committee and of its campaign treasurer.
3-16 (c) The notice must be delivered not later than the later
3-17 of:
3-18 (1) the date the committee files its campaign
3-19 treasurer appointment; or
3-20 (2) the third day after the date the committee
3-21 determines it intends to accept contributions or make expenditures
3-22 for which notice under this section is required.
3-23 (d) A campaign treasurer who violates this section commits
3-24 an offense. An offense under this section is a Class A
3-25 misdemeanor.
3-26 Sec. 253.205. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
3-27 COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
4-1 of a specific-purpose committee that receives a political
4-2 contribution or makes a direct campaign expenditure that is
4-3 considered under Section 253.202 or 253.203 to be a contribution to
4-4 a candidate or officeholder shall, not later than the fifth day
4-5 after the date the contribution is received or the expenditure is
4-6 made, deliver written notice of that fact to the affected candidate
4-7 or officeholder.
4-8 (b) A candidate or officeholder who receives a political
4-9 contribution covered by Section 253.201 shall, not later than the
4-10 fifth day after the date the contribution is received, deliver
4-11 written notice of that fact to the campaign treasurer of each
4-12 specific-purpose committee that notifies the candidate or
4-13 officeholder under Section 253.204 that the committee intends to
4-14 accept political contributions or make political expenditures on
4-15 the candidate's or officeholder's behalf.
4-16 (c) A notice under this section must include:
4-17 (1) the full name and address of the person receiving
4-18 the contribution and of the person's campaign treasurer, if any;
4-19 (2) the full name and address of the person making the
4-20 contribution;
4-21 (3) the date the contribution is received; and
4-22 (4) the amount of the contribution.
4-23 (d) A person who violates this section commits an offense.
4-24 An offense under this section is a Class A misdemeanor.
4-25 Sec. 253.206. RETURN OF EXCESS CONTRIBUTION. (a) A person
4-26 who receives a political contribution the acceptance of which would
4-27 violate Section 253.201 shall return the contribution to the
5-1 contributor not later than the 10th day after the date the
5-2 contribution is received.
5-3 (b) A contribution that is not returned as required by this
5-4 section is considered to be accepted.
5-5 SECTION 2. Section 254.034, Election Code, is amended by
5-6 adding Subsection (f) to read as follows:
5-7 (f) This section applies to a political contribution covered
5-8 by Subchapter G, Chapter 253, except as provided by Section
5-9 253.206.
5-10 SECTION 3. Subchapter C, Chapter 254, Election Code, is
5-11 amended by adding Section 254.0612 to read as follows:
5-12 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
5-13 CANDIDATES. In addition to the contents required by Sections
5-14 254.031 and 254.061, each report by a candidate for an office to
5-15 which Section 253.201 applies must include for each political
5-16 contribution of which the candidate receives notice under Section
5-17 253.205:
5-18 (1) the full name and address of the committee
5-19 receiving the contribution;
5-20 (2) the full name and address of the committee's
5-21 campaign treasurer;
5-22 (3) the full name and address of the person making the
5-23 contribution;
5-24 (4) the date the contribution is received;
5-25 (5) the amount of the contribution; and
5-26 (6) an indication of whether the committee accepted or
5-27 refused the contribution.
6-1 SECTION 4. Subchapter D, Chapter 254, Election Code, is
6-2 amended by adding Section 254.0912 to read as follows:
6-3 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
6-4 OFFICEHOLDERS. In addition to the contents required by Sections
6-5 254.031 and 254.091, each report by the holder of an office to
6-6 which Section 253.201 applies must include the contents prescribed
6-7 by Section 254.0612.
6-8 SECTION 5. Subchapter E, Chapter 254, Election Code, is
6-9 amended by adding Section 254.1212 to read as follows:
6-10 Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
6-11 COMMITTEES. In addition to the contents required by Sections
6-12 254.031 and 254.121, each report by a specific-purpose committee
6-13 for supporting or opposing a candidate for or assisting a holder of
6-14 an office to which Section 253.201 applies must include the
6-15 contents prescribed by Section 254.0612.
6-16 SECTION 6. (a) This Act takes effect September 1, 1997.
6-17 (b) Subchapter G, Chapter 253, Election Code, as added by
6-18 this Act, applies only to a political contribution accepted or a
6-19 political expenditure made on or after September 1, 1997. A
6-20 political contribution accepted or a political expenditure made
6-21 before September 1, 1997, is governed by the law in effect at the
6-22 time the contribution was accepted or the expenditure was made and
6-23 is not aggregated with political contributions accepted or
6-24 political contributions made on or after that date.
6-25 (c) Sections 254.0612, 254.0912, and 254.1212, Election
6-26 Code, as added by this Act, apply to the reporting of a political
6-27 contribution accepted on or after September 1, 1997. The reporting
7-1 of a political contribution accepted before September 1, 1997, is
7-2 governed by the law in effect at the time the contribution was
7-3 accepted.
7-4 SECTION 7. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.