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.