By Zbranek H.B. No. 2495
75R6007 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 general-purpose political committees;
1-4 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 G to read as follows:
1-8 SUBCHAPTER G. LIMITS ON CERTAIN CONTRIBUTIONS BY
1-9 GENERAL-PURPOSE COMMITTEES
1-10 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-11 applies only to a political contribution or political expenditure
1-12 in connection with a statewide, district, or county office other
1-13 than a judicial office covered by Subchapter F.
1-14 Sec. 253.202. DEFINITION. In this subchapter, "election
1-15 cycle" means the period beginning January 1 following a general
1-16 election for an office and continuing through December 31 following
1-17 the next general election for the office.
1-18 Sec. 253.203. CONTRIBUTION LIMITS. (a) A general-purpose
1-19 committee may not knowingly make or authorize political
1-20 contributions to a candidate or officeholder that in the aggregate
1-21 exceed $10,000 during an election cycle in which the candidate or
1-22 officeholder is involved.
1-23 (b) A person may not knowingly accept a political
1-24 contribution, and shall refuse a political contribution that is
2-1 received, in violation of Subsection (a).
2-2 (c) A person who violates this section commits an offense.
2-3 An offense under this section is a Class A misdemeanor.
2-4 Sec. 253.204. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-5 CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of Section
2-6 253.203, a political contribution by a general-purpose committee to
2-7 a specific-purpose committee for the purpose of supporting a
2-8 candidate, opposing the candidate's opponent, or assisting the
2-9 candidate as an officeholder is considered to be a political
2-10 contribution to the candidate or officeholder.
2-11 Sec. 253.205. CERTAIN DIRECT CAMPAIGN EXPENDITURES
2-12 CONSIDERED CONTRIBUTION TO CANDIDATE. (a) For purposes of Section
2-13 253.203, a direct campaign expenditure by a general-purpose
2-14 committee for the purpose of supporting a candidate or opposing a
2-15 candidate's opponent is considered to be a political contribution
2-16 to the candidate whom the expenditure benefits.
2-17 (b) Subsection (a) does not apply to:
2-18 (1) a direct campaign expenditure described by Section
2-19 253.098; or
2-20 (2) a direct campaign expenditure made only for the
2-21 purpose of communicating directly with the members of or the
2-22 families of members of:
2-23 (A) the general-purpose committee; or
2-24 (B) the entity that directly establishes,
2-25 administers, or controls the general-purpose committee.
2-26 Sec. 253.206. NOTICE TO CANDIDATES OR OFFICEHOLDERS OF
2-27 INTENT TO ACCEPT CONTRIBUTIONS. (a) The campaign treasurer of a
3-1 specific-purpose committee that intends to accept political
3-2 contributions for the purpose of supporting a candidate, opposing a
3-3 candidate's opponent, or assisting a candidate as an officeholder
3-4 shall deliver written notice of the committee's intent to the
3-5 candidate or officeholder.
3-6 (b) The notice must include the full name and address of the
3-7 specific-purpose committee and of its campaign treasurer.
3-8 (c) The notice must be delivered not later than the later
3-9 of:
3-10 (1) the date the committee files its campaign
3-11 treasurer appointment; or
3-12 (2) the third day after the date the committee
3-13 determines it intends to accept political contributions for which
3-14 notice under this section is required.
3-15 (d) A campaign treasurer who violates this section commits
3-16 an offense. An offense under this section is a Class A
3-17 misdemeanor.
3-18 Sec. 253.207. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
3-19 COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
3-20 of a specific-purpose committee that receives a political
3-21 contribution that is considered under Section 253.204 to be a
3-22 political contribution to a candidate or officeholder shall, not
3-23 later than the fifth day after the date the contribution is
3-24 received, deliver written notice of that fact to the affected
3-25 candidate or officeholder.
3-26 (b) A candidate or officeholder who receives a notice under
3-27 Subsection (a) and who has previously accepted a political
4-1 contribution during the election cycle from the general-purpose
4-2 committee that is the subject of the notice shall, not later than
4-3 the fifth day after the date the notice is received, deliver
4-4 written notice of the previously accepted contribution to the
4-5 campaign treasurer who delivered the notice.
4-6 (c) A notice under this section must include:
4-7 (1) the full name and address of the person receiving
4-8 the political contribution and of the person's campaign treasurer,
4-9 if any;
4-10 (2) the full name and address of the general-purpose
4-11 committee making the contribution and of the committee's campaign
4-12 treasurer;
4-13 (3) the date the contribution is received or accepted,
4-14 as applicable; and
4-15 (4) the amount of the contribution.
4-16 (d) A person who violates this section commits an offense.
4-17 An offense under this section is a Class A misdemeanor.
4-18 Sec. 253.208. NOTICE TO CANDIDATE OF DIRECT CAMPAIGN
4-19 EXPENDITURE. (a) The campaign treasurer of a general-purpose
4-20 committee that makes a direct campaign expenditure that is
4-21 considered under Section 253.205 to be a political contribution to
4-22 a candidate shall, not later than the fifth day after the date the
4-23 expenditure is made, deliver written notice of that fact to the
4-24 candidate whom the expenditure benefits.
4-25 (b) A notice under this section must include:
4-26 (1) the full name and address of the committee making
4-27 the direct campaign expenditure and of the committee's campaign
5-1 treasurer;
5-2 (2) the date the expenditure is made; and
5-3 (3) the amount of the expenditure.
5-4 (c) A campaign treasurer who violates this section commits
5-5 an offense. An offense under this section is a Class A
5-6 misdemeanor.
5-7 Sec. 253.209. RETURN OF EXCESS CONTRIBUTION. (a) A person
5-8 who receives a political contribution the acceptance of which would
5-9 violate Section 253.203 shall return the amount by which the
5-10 contribution would exceed the limit to the contributor not later
5-11 than the 10th day after the date the contribution is received.
5-12 (b) A political contribution that is not returned as
5-13 required by this section is considered to be accepted.
5-14 SECTION 2. Section 254.034, Election Code, is amended by
5-15 adding Subsection (f) to read as follows:
5-16 (f) This section applies to a political contribution covered
5-17 by Subchapter G, Chapter 253, except as provided by Section
5-18 253.209.
5-19 SECTION 3. Subchapter C, Chapter 254, Election Code, is
5-20 amended by adding Section 254.0612 to read as follows:
5-21 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS OF CANDIDATES
5-22 FOR STATEWIDE, DISTRICT, OR COUNTY OFFICE. In addition to the
5-23 contents required by Sections 254.031 and 254.061, each report by a
5-24 candidate for an office covered by Subchapter G, Chapter 253, must
5-25 include:
5-26 (1) for each political contribution of which the
5-27 candidate receives notice under Section 253.207:
6-1 (A) the full name and address of the
6-2 specific-purpose committee receiving the contribution;
6-3 (B) the full name and address of the
6-4 specific-purpose committee's campaign treasurer;
6-5 (C) the full name and address of the
6-6 general-purpose committee making the contribution;
6-7 (D) the full name and address of the
6-8 general-purpose committee's campaign treasurer;
6-9 (E) the date the contribution is received;
6-10 (F) the amount of the contribution; and
6-11 (G) an indication of whether the
6-12 specific-purpose committee accepted or refused the contribution;
6-13 and
6-14 (2) for each direct campaign expenditure of which the
6-15 candidate receives notice under Section 253.208:
6-16 (A) the full name and address of the
6-17 general-purpose committee making the expenditure;
6-18 (B) the full name and address of the
6-19 general-purpose committee's campaign treasurer;
6-20 (C) the date the expenditure is made; and
6-21 (D) the amount of the expenditure.
6-22 SECTION 4. Subchapter D, Chapter 254, Election Code, is
6-23 amended by adding Section 254.0912 to read as follows:
6-24 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS OF STATEWIDE,
6-25 DISTRICT, AND COUNTY OFFICEHOLDERS. In addition to the contents
6-26 required by Sections 254.031 and 254.091, each report by an
6-27 officeholder covered by Subchapter G, Chapter 253, must include,
7-1 for each political contribution of which the officeholder receives
7-2 notice under Section 253.207:
7-3 (1) the full name and address of the specific-purpose
7-4 committee receiving the contribution;
7-5 (2) the full name and address of the specific-purpose
7-6 committee's campaign treasurer;
7-7 (3) the full name and address of the general-purpose
7-8 committee making the contribution;
7-9 (4) the full name and address of the general-purpose
7-10 committee's campaign treasurer;
7-11 (5) the date the contribution is received;
7-12 (6) the amount of the contribution; and
7-13 (7) an indication of whether the specific-purpose
7-14 committee accepted or refused the contribution.
7-15 SECTION 5. Section 254.1211, Election Code, is amended to
7-16 read as follows:
7-17 Sec. 254.1211. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
7-18 COMMITTEES. (a) In addition to the contents required by Sections
7-19 254.031 and 254.121, each report by a specific-purpose committee
7-20 for supporting or opposing a candidate for or assisting a holder of
7-21 a judicial office covered by Subchapter F, Chapter 253, must
7-22 include the contents prescribed by Section 254.0611.
7-23 (b) In addition to the contents required by Sections 254.031
7-24 and 254.121, each report by a specific-purpose committee for
7-25 supporting or opposing a candidate for or assisting a holder of an
7-26 office covered by Subchapter G, Chapter 253, must include, for each
7-27 political contribution of which the committee receives notice under
8-1 Section 253.207:
8-2 (1) the full name and address of the candidate or
8-3 officeholder receiving the contribution;
8-4 (2) the full name and address of the candidate or
8-5 officeholder's campaign treasurer, if any;
8-6 (3) the full name and address of the general-purpose
8-7 committee making the contribution;
8-8 (4) the full name and address of the general-purpose
8-9 committee's campaign treasurer;
8-10 (5) the date the contribution is accepted; and
8-11 (6) the amount of the contribution.
8-12 SECTION 6. (a) This Act takes effect September 1, 1997.
8-13 (b) Subchapter G, Chapter 253, Election Code, as added by
8-14 this Act, applies only to a political contribution accepted or a
8-15 political expenditure made on or after September 1, 1997. A
8-16 political contribution accepted or a political expenditure made
8-17 before September 1, 1997, is governed by the law in effect at the
8-18 time the contribution was accepted or the expenditure was made and
8-19 is not aggregated with political contributions accepted or
8-20 political contributions made on or after that date.
8-21 (c) Sections 254.0612, 254.0912, and 254.1211(b), Election
8-22 Code, as added by this Act, apply to the reporting of a political
8-23 contribution accepted on or after September 1, 1997. The reporting
8-24 of a political contribution accepted before September 1, 1997, is
8-25 governed by the law in effect at the time the contribution was
8-26 accepted.
8-27 SECTION 7. The importance of this legislation and the
9-1 crowded condition of the calendars in both houses create an
9-2 emergency and an imperative public necessity that the
9-3 constitutional rule requiring bills to be read on three several
9-4 days in each house be suspended, and this rule is hereby suspended.