By Zbranek H.B. No. 2494
75R6005 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating certain political contributions and direct
1-3 campaign expenditures made by individuals; providing criminal
1-4 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 G to read as follows:
1-8 SUBCHAPTER G. LIMITS ON CERTAIN CONTRIBUTIONS BY INDIVIDUALS
1-9 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-10 applies only to a political contribution or political expenditure
1-11 in connection with a statewide, district, or county office other
1-12 than a judicial office covered by Subchapter F.
1-13 Sec. 253.202. DEFINITION. In this subchapter, "election
1-14 cycle" means the period beginning January 1 following a general
1-15 election for an office and continuing through December 31 following
1-16 the next general election for the office.
1-17 Sec. 253.203. CONTRIBUTION LIMITS. (a) An individual may
1-18 not knowingly make or authorize political contributions to a
1-19 candidate or officeholder that in the aggregate exceed $10,000
1-20 during an election cycle in which the candidate or officeholder is
1-21 involved.
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 Sec. 253.204. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-4 CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of Section
2-5 253.203, a political contribution by an individual to a
2-6 specific-purpose committee for the purpose of supporting a
2-7 candidate, opposing the candidate's opponent, or assisting the
2-8 candidate as an officeholder is considered to be a political
2-9 contribution to the candidate or officeholder.
2-10 Sec. 253.205. DIRECT CAMPAIGN EXPENDITURES CONSIDERED
2-11 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.203, a
2-12 direct campaign expenditure by an individual for the purpose of
2-13 supporting a candidate or opposing a candidate's opponent is
2-14 considered to be a political contribution to the candidate whom the
2-15 expenditure benefits.
2-16 Sec. 253.206. NOTICE TO CANDIDATES OR OFFICEHOLDERS OF
2-17 INTENT TO ACCEPT CONTRIBUTIONS. (a) The campaign treasurer of a
2-18 specific-purpose committee that intends to accept political
2-19 contributions for the purpose of supporting a candidate, opposing a
2-20 candidate's opponent, or assisting a candidate as an officeholder
2-21 shall deliver written notice of the committee's intent to the
2-22 candidate or officeholder.
2-23 (b) The notice must include the full name and address of the
2-24 specific-purpose committee and of its campaign treasurer.
2-25 (c) The notice must be delivered not later than the later
2-26 of:
2-27 (1) the date the committee files its campaign
3-1 treasurer appointment; or
3-2 (2) the third day after the date the committee
3-3 determines it intends to accept political contributions for which
3-4 notice under this section is required.
3-5 (d) A campaign treasurer who violates this section commits
3-6 an offense. An offense under this section is a Class A
3-7 misdemeanor.
3-8 Sec. 253.207. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
3-9 COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
3-10 of a specific-purpose committee that receives a political
3-11 contribution that is considered under Section 253.204 to be a
3-12 political contribution to a candidate or officeholder shall, not
3-13 later than the fifth day after the date the contribution is
3-14 received, deliver written notice of that fact to the affected
3-15 candidate or officeholder.
3-16 (b) A candidate or officeholder who receives a notice under
3-17 Subsection (a) and who has previously accepted a political
3-18 contribution during the election cycle from the individual who is
3-19 the subject of the notice shall, not later than the fifth day after
3-20 the date the notice is received, deliver written notice of the
3-21 previously accepted contribution to the campaign treasurer who
3-22 delivered the notice.
3-23 (c) A notice under this section must include:
3-24 (1) the full name and address of the person receiving
3-25 the political contribution and of the person's campaign treasurer,
3-26 if any;
3-27 (2) the full name and address of the individual making
4-1 the contribution;
4-2 (3) the date the contribution is received or accepted,
4-3 as applicable; and
4-4 (4) the amount of the contribution.
4-5 (d) A person who violates this section commits an offense.
4-6 An offense under this section is a Class A misdemeanor.
4-7 Sec. 253.208. NOTICE TO CANDIDATE OF DIRECT CAMPAIGN
4-8 EXPENDITURE. (a) An individual who makes a direct campaign
4-9 expenditure that is considered under Section 253.205 to be a
4-10 political contribution to a candidate shall, not later than the
4-11 fifth day after the date the expenditure is made, deliver written
4-12 notice of that fact to the candidate whom the expenditure benefits.
4-13 (b) A notice under this section must include:
4-14 (1) the full name and address of the individual making
4-15 the direct campaign expenditure;
4-16 (2) the date the expenditure is made; and
4-17 (3) the amount of the expenditure.
4-18 (c) An individual who violates this section commits an
4-19 offense. An offense under this section is a Class A misdemeanor.
4-20 Sec. 253.209. RETURN OF EXCESS CONTRIBUTION. (a) A person
4-21 who receives a political contribution the acceptance of which would
4-22 violate Section 253.203 shall return the amount by which the
4-23 contribution would exceed the limit to the contributor not later
4-24 than the 10th day after the date the contribution is received.
4-25 (b) A political contribution that is not returned as
4-26 required by this section is considered to be accepted.
4-27 SECTION 2. Section 254.034, Election Code, is amended by
5-1 adding Subsection (f) to read as follows:
5-2 (f) This section applies to a political contribution covered
5-3 by Subchapter G, Chapter 253, except as provided by Section
5-4 253.209.
5-5 SECTION 3. Subchapter C, Chapter 254, Election Code, is
5-6 amended by adding Section 254.0612 to read as follows:
5-7 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS OF CANDIDATES
5-8 FOR STATEWIDE, DISTRICT, OR COUNTY OFFICE. In addition to the
5-9 contents required by Sections 254.031 and 254.061, each report by a
5-10 candidate for an office covered by Subchapter G, Chapter 253, must
5-11 include:
5-12 (1) for each political contribution of which the
5-13 candidate receives notice under Section 253.207:
5-14 (A) the full name and address of the
5-15 specific-purpose committee receiving the contribution;
5-16 (B) the full name and address of the committee's
5-17 campaign treasurer;
5-18 (C) the full name and address of the individual
5-19 making the contribution;
5-20 (D) the date the contribution is received;
5-21 (E) the amount of the contribution; and
5-22 (F) an indication of whether the committee
5-23 accepted or refused the contribution; and
5-24 (2) for each direct campaign expenditure of which the
5-25 candidate receives notice under Section 253.208:
5-26 (A) the full name and address of the individual
5-27 making the expenditure;
6-1 (B) the date the expenditure is made; and
6-2 (C) the amount of the expenditure.
6-3 SECTION 4. Subchapter D, Chapter 254, Election Code, is
6-4 amended by adding Section 254.0912 to read as follows:
6-5 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS OF STATEWIDE,
6-6 DISTRICT, AND COUNTY OFFICEHOLDERS. In addition to the contents
6-7 required by Sections 254.031 and 254.091, each report by an
6-8 officeholder covered by Subchapter G, Chapter 253, must include,
6-9 for each political contribution of which the officeholder receives
6-10 notice under Section 253.207:
6-11 (1) the full name and address of the specific-purpose
6-12 committee receiving the contribution;
6-13 (2) the full name and address of the committee's
6-14 campaign treasurer;
6-15 (3) the full name and address of the individual making
6-16 the contribution;
6-17 (4) the date the contribution is received;
6-18 (5) the amount of the contribution; and
6-19 (6) an indication of whether the committee accepted or
6-20 refused the contribution.
6-21 SECTION 5. Section 254.1211, Election Code, is amended to
6-22 read as follows:
6-23 Sec. 254.1211. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
6-24 COMMITTEES. (a) In addition to the contents required by Sections
6-25 254.031 and 254.121, each report by a specific-purpose committee
6-26 for supporting or opposing a candidate for or assisting a holder of
6-27 a judicial office covered by Subchapter F, Chapter 253, must
7-1 include the contents prescribed by Section 254.0611.
7-2 (b) In addition to the contents required by Sections 254.031
7-3 and 254.121, each report by a specific-purpose committee for
7-4 supporting or opposing a candidate for or assisting a holder of an
7-5 office covered by Subchapter G, Chapter 253, must include, for each
7-6 political contribution of which the committee receives notice under
7-7 Section 253.207:
7-8 (1) the full name and address of the candidate or
7-9 officeholder receiving the contribution;
7-10 (2) the full name and address of the candidate's or
7-11 officeholder's campaign treasurer, if any;
7-12 (3) the full name and address of the individual making
7-13 the contribution;
7-14 (4) the date the contribution is accepted; and
7-15 (5) the amount of the contribution.
7-16 SECTION 6. (a) This Act takes effect September 1, 1997.
7-17 (b) Subchapter G, Chapter 253, Election Code, as added by
7-18 this Act, applies only to a political contribution accepted or a
7-19 political expenditure made on or after September 1, 1997. A
7-20 political contribution accepted or a political expenditure made
7-21 before September 1, 1997, is governed by the law in effect at the
7-22 time the contribution was accepted or the expenditure was made and
7-23 is not aggregated with political contributions accepted or
7-24 political contributions made on or after that date.
7-25 (c) Sections 254.0612, 254.0912, and 254.1211(b), Election
7-26 Code, as added by this Act, apply to the reporting of a political
7-27 contribution accepted on or after September 1, 1997. The reporting
8-1 of a political contribution accepted before September 1, 1997, is
8-2 governed by the law in effect at the time the contribution was
8-3 accepted.
8-4 SECTION 7. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.