By Zbranek H.B. No. 2675
75R6693 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of unexpended political contributions
1-3 by certain unsuccessful candidates; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 254, Election Code, is
1-6 amended by adding Section 254.206 to read as follows:
1-7 Sec. 254.206. DISPOSITION OF CONTRIBUTIONS BY UNSUCCESSFUL
1-8 CANDIDATE FOR STATEWIDE OR DISTRICT OFFICE; REPORT. (a) An
1-9 unsuccessful candidate for a statewide or district office may not
1-10 retain political contributions or interest or other income earned
1-11 on the contributions after January 31 of the year following the
1-12 year in which the election that the candidate lost occurs.
1-13 (b) Subsection (a) applies only to a political contribution
1-14 accepted before January 1 of the year following the year in which
1-15 the election that the candidate lost occurs.
1-16 (c) If a person becomes a candidate for a statewide or
1-17 district office before the date prescribed by Subsection (a), the
1-18 prohibition prescribed by that subsection does not apply until the
1-19 person is again an unsuccessful candidate for such an office.
1-20 (d) Not later than the date prescribed by Subsection (a), an
1-21 unsuccessful candidate for a statewide or district office shall
1-22 remit any unexpended political contributions to a recognized
1-23 tax-exempt, charitable organization formed for educational,
1-24 religious, or scientific purposes.
2-1 (e) Not later than the 30th day after the date prescribed by
2-2 Subsection (a), the unsuccessful candidate shall file with the
2-3 commission a report of the disposition of the unexpended
2-4 contributions. The report must include:
2-5 (1) the person's full name and address;
2-6 (2) the full name and address of each charitable
2-7 organization to which a payment from unexpended political
2-8 contributions is made; and
2-9 (3) the date and amount of each payment reported under
2-10 Subdivision (2).
2-11 (f) Sections 254.201-254.205 do not apply to the retention,
2-12 disposition, or reporting of unexpended political contributions by
2-13 a candidate to whom this section applies.
2-14 (g) A person who violates Subsection (a) commits an offense.
2-15 An offense under this section is a Class A misdemeanor.
2-16 SECTION 2. Subchapter B, Chapter 253, Election Code, is
2-17 amended by adding Section 253.040 to read as follows:
2-18 Sec. 253.040. ACCEPTANCE OF CONTRIBUTIONS BY CERTAIN
2-19 UNSUCCESSFUL CANDIDATES LIMITED. (a) An unsuccessful candidate
2-20 for a statewide or district office may not knowingly accept a
2-21 political contribution after December 31 following the election
2-22 that the person lost unless the person intends to use the
2-23 contribution in connection with an election other than the election
2-24 that the person lost.
2-25 (b) A person who violates this section commits an offense.
2-26 An offense under this section is a Class A misdemeanor.
2-27 SECTION 3. This Act takes effect September 1, 1997.
3-1 SECTION 4. Section 254.206, Election Code, as added by this
3-2 Act, applies only to the retention, disposition, and reporting of a
3-3 political contribution accepted on or after September 1, 1997. The
3-4 retention, disposition, and reporting of a political contribution
3-5 accepted before September 1, 1997, are governed by the law in
3-6 effect at the time the contribution was accepted, and the former
3-7 law is continued in effect for that purpose.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.