By Garcia H.B. No. 1969
75R6174 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limits on certain political contributions and direct
1-3 campaign expenditures; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 253, Election Code, is amended by adding
1-6 Subchapter G to read as follows:
1-7 SUBCHAPTER G. CONTRIBUTION LIMITS FOR STATEWIDE
1-8 EXECUTIVE OFFICES AND LEGISLATIVE OFFICES
1-9 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-10 applies only to a political contribution or direct campaign
1-11 expenditure in connection with:
1-12 (1) a statewide office other than a judicial office;
1-13 (2) the office of state senator; or
1-14 (3) the office of state representative.
1-15 Sec. 253.202. CONTRIBUTION LIMITS. (a) A person may not
1-16 knowingly make or authorize political contributions to a candidate
1-17 or officeholder that, with respect to an election cycle in which
1-18 the candidate or officeholder is involved, in the aggregate exceed:
1-19 (1) for a statewide office or the office of state
1-20 senator, $2,500; or
1-21 (2) for the office of state representative, $1,000.
1-22 (b) A person may not knowingly accept a political
1-23 contribution, and shall refuse a political contribution that is
1-24 received, in violation of Subsection (a).
2-1 (c) A person who violates this section commits an offense.
2-2 An offense under this section is a Class A misdemeanor.
2-3 (d) In this section:
2-4 (1) "Election cycle" means:
2-5 (A) the general primary election, runoff primary
2-6 election, if any, and general election for state and county
2-7 officers; or
2-8 (B) a special election and runoff election, if
2-9 any.
2-10 (2) "With respect to an election cycle" means:
2-11 (A) with regard to a political contribution that
2-12 is designated in writing for a particular election, the election
2-13 cycle that includes the election designated; or
2-14 (B) with regard to a political contribution that
2-15 is not designated in writing for a particular election or that is
2-16 designated as an officeholder contribution, the election cycle that
2-17 includes the next election for that office occurring after the
2-18 contribution is made.
2-19 Sec. 253.203. CONTRIBUTION BY SPOUSE OR CHILD CONSIDERED TO
2-20 BE CONTRIBUTION BY INDIVIDUAL. (a) For purposes of Section
2-21 253.202, a political contribution by the spouse or child of an
2-22 individual is considered to be a contribution by the individual.
2-23 (b) In this section, "child" means a person under 18 years
2-24 of age who is not and has not been married or who has not had the
2-25 disabilities of minority removed for general purposes.
2-26 Sec. 253.204. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-27 CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of Section
3-1 253.202, a political contribution to a specific-purpose committee
3-2 for the purpose of supporting a candidate, opposing the candidate's
3-3 opponent, or assisting the candidate as an officeholder is
3-4 considered to be a political contribution to the candidate or
3-5 officeholder.
3-6 Sec. 253.205. CERTAIN DIRECT CAMPAIGN EXPENDITURES
3-7 CONSIDERED CONTRIBUTION TO CANDIDATE. (a) For purposes of Section
3-8 253.202, a direct campaign expenditure for the purpose of
3-9 supporting a candidate or opposing a candidate's opponent made by a
3-10 person other than a specific-purpose committee is considered to be
3-11 a political contribution to the candidate whom the expenditure
3-12 benefits unless the person making the expenditure or the person's
3-13 campaign treasurer, if any, in an affidavit filed with the
3-14 commission, states that the expenditure is not made with the
3-15 cooperation or prior consent of, in consultation with, or at the
3-16 suggestion of:
3-17 (1) the candidate whom the expenditure benefits;
3-18 (2) a specific-purpose committee for supporting the
3-19 candidate or opposing the candidate's opponent; or
3-20 (3) a person acting with the candidate's knowledge and
3-21 consent.
3-22 (b) An affidavit under Subsection (a) must be filed with the
3-23 report under Chapter 254 in which the direct campaign expenditure
3-24 is required to be reported.
3-25 Sec. 253.206. NOTICE TO CANDIDATE OR OFFICEHOLDER OF INTENT
3-26 TO ACCEPT CONTRIBUTIONS OR MAKE EXPENDITURES. (a) The campaign
3-27 treasurer of a specific-purpose committee that intends to accept
4-1 political contributions or make political expenditures for the
4-2 purpose of supporting a candidate covered by this subchapter,
4-3 opposing such a candidate's opponent, or assisting such a candidate
4-4 as an officeholder shall deliver written notice of the committee's
4-5 intent to the candidate or officeholder.
4-6 (b) The notice must include the full name and address of the
4-7 specific-purpose committee and of its campaign treasurer.
4-8 (c) The notice must be delivered not later than the later
4-9 of:
4-10 (1) the date the committee files its campaign
4-11 treasurer appointment; or
4-12 (2) the third day after the date the committee
4-13 determines it intends to accept political contributions or make
4-14 political expenditures for which notice under this section is
4-15 required.
4-16 (d) A campaign treasurer who violates this section commits
4-17 an offense. An offense under this section is a Class A
4-18 misdemeanor.
4-19 Sec. 253.207. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
4-20 COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
4-21 of a specific-purpose committee that receives a political
4-22 contribution that is considered under Section 253.204 to be a
4-23 political contribution to a candidate or officeholder shall, not
4-24 later than the fifth day after the date the contribution is
4-25 received, deliver written notice of that fact to the affected
4-26 candidate or officeholder.
4-27 (b) A candidate or officeholder who receives a political
5-1 contribution shall, not later than the fifth day after the date the
5-2 contribution is received, deliver written notice of that fact to
5-3 the campaign treasurer of each specific-purpose committee that
5-4 notifies the candidate or officeholder under Section 253.206 that
5-5 the committee intends to accept political contributions or make
5-6 political expenditures on the candidate's or officeholder's behalf.
5-7 (c) A notice under this section must include:
5-8 (1) the full name and address of the person receiving
5-9 the political contribution and of the person's campaign treasurer,
5-10 if any;
5-11 (2) the full name and address of the person making the
5-12 contribution;
5-13 (3) the date the contribution is received; and
5-14 (4) the amount of the contribution.
5-15 (d) A person who violates this section commits an offense.
5-16 An offense under this section is a Class A misdemeanor.
5-17 Sec. 253.208. NOTICE TO CANDIDATE OF DIRECT CAMPAIGN
5-18 EXPENDITURE. (a) A person who makes a direct campaign expenditure
5-19 that is considered under Section 253.205 to be a political
5-20 contribution to a candidate shall, not later than the fifth day
5-21 after the date the expenditure is made, deliver written notice of
5-22 that fact to the candidate whom the expenditure benefits.
5-23 (b) A notice under this section must include:
5-24 (1) the full name and address of the person making the
5-25 direct campaign expenditure and of the person's campaign treasurer,
5-26 if any;
5-27 (2) the date the expenditure is made;
6-1 (3) the amount of the expenditure; and
6-2 (4) if applicable, a copy of the affidavit to be filed
6-3 as required by Section 253.205.
6-4 (c) A person who violates this section commits an offense.
6-5 An offense under this section is a Class A misdemeanor.
6-6 Sec. 253.209. RETURN OF EXCESS CONTRIBUTION. (a) A person
6-7 who receives a political contribution, the acceptance of which
6-8 would violate Section 253.202, shall return the contribution to the
6-9 contributor not later than the 10th day after the date the
6-10 contribution is received.
6-11 (b) A political contribution that is not returned as
6-12 required by this section is considered to be accepted.
6-13 SECTION 2. Section 254.034, Election Code, is amended by
6-14 adding Subsection (f) to read as follows:
6-15 (f) This section applies to a political contribution covered
6-16 by Subchapter G, Chapter 253, except as provided by Section
6-17 253.209.
6-18 SECTION 3. Subchapter C, Chapter 254, Election Code, is
6-19 amended by adding Section 254.0612 to read as follows:
6-20 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CANDIDATES
6-21 FOR STATEWIDE EXECUTIVE OFFICE AND LEGISLATIVE OFFICE. In addition
6-22 to the contents required by Sections 254.031 and 254.061, each
6-23 report by a candidate for an office covered by Subchapter G,
6-24 Chapter 253, must include:
6-25 (1) for each political contribution of which the
6-26 candidate receives notice under Section 253.207:
6-27 (A) the full name and address of the
7-1 specific-purpose committee receiving the contribution;
7-2 (B) the full name and address of the committee's
7-3 campaign treasurer;
7-4 (C) the full name and address of the person
7-5 making the contribution;
7-6 (D) the date the contribution is received;
7-7 (E) the amount of the contribution; and
7-8 (F) an indication of whether the committee
7-9 accepted or refused the contribution; and
7-10 (2) for each direct campaign expenditure of which the
7-11 candidate receives notice under Section 253.208:
7-12 (A) the full name and address of the person
7-13 making the expenditure;
7-14 (B) the full name and address of the person's
7-15 campaign treasurer, if any;
7-16 (C) the date the expenditure is made; and
7-17 (D) the amount of the expenditure.
7-18 SECTION 4. Subchapter D, Chapter 254, Election Code, is
7-19 amended by adding Section 254.0912 to read as follows:
7-20 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY STATEWIDE
7-21 EXECUTIVE OFFICEHOLDERS AND LEGISLATIVE OFFICEHOLDERS. In addition
7-22 to the contents required by Sections 254.031 and 254.091, each
7-23 report by an officeholder covered by Subchapter G, Chapter 253,
7-24 must include, for each political contribution of which the
7-25 officeholder receives notice under Section 253.207:
7-26 (1) the full name and address of the specific-purpose
7-27 committee receiving the contribution;
8-1 (2) the full name and address of the committee's
8-2 campaign treasurer;
8-3 (3) the full name and address of the person making the
8-4 contribution;
8-5 (4) the date the contribution is received;
8-6 (5) the amount of the contribution; and
8-7 (6) an indication of whether the committee accepted or
8-8 refused the contribution.
8-9 SECTION 5. Subchapter E, Chapter 254, Election Code, is
8-10 amended by adding Section 254.1212 to read as follows:
8-11 Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
8-12 COMMITTEES. In addition to the contents required by Sections
8-13 254.031 and 254.121, each report by a specific-purpose committee
8-14 for supporting or opposing a candidate for or assisting a holder of
8-15 an office covered by Subchapter G, Chapter 253, must include, for
8-16 each political contribution of which the committee receives notice
8-17 under Section 253.207:
8-18 (1) the full name and address of the candidate or
8-19 officeholder receiving the contribution;
8-20 (2) the full name and address of the candidate's or
8-21 officeholder's campaign treasurer, if any;
8-22 (3) the full name and address of the person making the
8-23 contribution;
8-24 (4) the date the contribution is received;
8-25 (5) the amount of the contribution; and
8-26 (6) an indication of whether the candidate or
8-27 officeholder accepted or refused the contribution.
9-1 SECTION 6. (a) This Act takes effect September 1, 1997.
9-2 (b) Subchapter G, Chapter 253, Election Code, as added by
9-3 this Act, applies only to a political contribution accepted or a
9-4 direct campaign expenditure made on or after September 1, 1997. A
9-5 political contribution accepted or a direct campaign expenditure
9-6 made before that date is governed by the law in effect at the time
9-7 the contribution was accepted or the expenditure was made and is
9-8 not aggregated with political contributions accepted or political
9-9 expenditures made on or after that date.
9-10 (c) Sections 254.0612, 254.0912, and 254.1212, Election
9-11 Code, as added by this Act, apply only to the reporting of a
9-12 political contribution accepted or direct campaign expenditure made
9-13 on or after September 1, 1997. The reporting of a political
9-14 contribution accepted or direct campaign expenditure made before
9-15 that date is governed by the law in effect at the time the
9-16 contribution was accepted or the expenditure was made, and the
9-17 former law is continued in effect for that purpose.
9-18 SECTION 7. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended.