By Sadler H.B. No. 2943
75R9236 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating certain political contributions, political
1-3 expenditures, and political advertising; 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. CONTRIBUTION AND EXPENDITURE LIMITS
1-9 FOR EXECUTIVE AND LEGISLATIVE OFFICES
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:
1-13 (1) a statewide office other than a judicial office;
1-14 (2) the office of state senator;
1-15 (3) the office of state representative; or
1-16 (4) the office of member, State Board of Education.
1-17 Sec. 253.202. DEFINITIONS. In this subchapter:
1-18 (1) "Complying candidate" means a candidate who files
1-19 a declaration of compliance under Section 253.213(a)(1).
1-20 (2) "Election cycle" means:
1-21 (A) the general primary election, runoff primary
1-22 election, if any, and general election for state and county
1-23 officers; or
1-24 (B) a special election and runoff election, if
2-1 any.
2-2 (3) "Noncomplying candidate" means a candidate who:
2-3 (A) files a declaration of intent to exceed the
2-4 limits on political expenditures under Section 253.213(a)(2);
2-5 (B) files a declaration of compliance under
2-6 Section 253.213(a)(1) but later exceeds the limits on political
2-7 expenditures; or
2-8 (C) fails to file a declaration of compliance
2-9 under Section 253.213(a)(1) or a declaration of intent under
2-10 Section 253.213(a)(2).
2-11 (4) "With respect to an election cycle" means:
2-12 (A) with regard to a political contribution that
2-13 is designated in writing for a particular election, the election
2-14 cycle that includes the election designated; or
2-15 (B) with regard to a political contribution that
2-16 is not designated in writing for a particular election or that is
2-17 designated as an officeholder contribution, the election cycle that
2-18 includes the next election for that office occurring after the
2-19 contribution is made.
2-20 Sec. 253.203. CONTRIBUTION LIMITS. (a) Except as provided
2-21 by Subsection (c), a person may not knowingly make or authorize
2-22 political contributions to a candidate or officeholder that, with
2-23 respect to an election cycle in which the candidate or officeholder
2-24 is involved, in the aggregate exceed:
2-25 (1) for a statewide office, $5,000; or
2-26 (2) for an office other than a statewide office,
2-27 $1,000.
3-1 (b) A person may not knowingly accept a political
3-2 contribution, and shall refuse a political contribution that is
3-3 received, in violation of Subsection (a).
3-4 (c) This section does not apply to a political contribution
3-5 made by a general-purpose committee.
3-6 (d) A person who violates this section commits an offense.
3-7 An offense under this section is a Class A misdemeanor.
3-8 Sec. 253.204. CONTRIBUTION BY SPOUSE OR CHILD CONSIDERED TO
3-9 BE CONTRIBUTION BY INDIVIDUAL. (a) For purposes of Section
3-10 253.203, a political contribution by the spouse or child of an
3-11 individual is considered to be a contribution by the individual.
3-12 (b) In this section, "child" means a person under 18 years
3-13 of age who is not and has not been married or who has not had the
3-14 disabilities of minority removed for general purposes.
3-15 Sec. 253.205. CONTRIBUTION LIMITS: GENERAL-PURPOSE
3-16 COMMITTEE. (a) A general-purpose committee may not knowingly make
3-17 or authorize political contributions to a candidate or officeholder
3-18 that, with respect to an election cycle in which the candidate or
3-19 officeholder is involved, in the aggregate exceed:
3-20 (1) for a statewide office, $10,000; or
3-21 (2) for an office other than a statewide office,
3-22 $1,000.
3-23 (b) A person may not knowingly accept a political
3-24 contribution, and shall refuse a political contribution that is
3-25 received, in violation of Subsection (a).
3-26 (c) A person who violates this section commits an offense.
3-27 An offense under this section is a Class A misdemeanor.
4-1 Sec. 253.206. AGGREGATE LIMIT ON CONTRIBUTIONS FROM
4-2 GENERAL-PURPOSE COMMITTEES. (a) A candidate or officeholder may
4-3 not knowingly accept a political contribution from a
4-4 general-purpose committee that, when aggregated with each other
4-5 political contribution from a general-purpose committee, exceeds:
4-6 (1) for the office of governor, $1,500,000;
4-7 (2) for a statewide office other than governor,
4-8 $300,000;
4-9 (3) for the office of state senator, $52,500; or
4-10 (4) for the office of state representative or member,
4-11 State Board of Education, $15,000.
4-12 (b) The limit prescribed by Subsection (a) applies with
4-13 respect to an election cycle in which the candidate or officeholder
4-14 is involved.
4-15 (c) A person who violates this section commits an offense.
4-16 An offense under this section is a Class A misdemeanor.
4-17 Sec. 253.207. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
4-18 CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of
4-19 Sections 253.203, 253.205, and 253.206, a political contribution to
4-20 a specific-purpose committee for the purpose of supporting a
4-21 candidate, opposing the candidate's opponent, or assisting the
4-22 candidate as an officeholder is considered to be a political
4-23 contribution to the candidate or officeholder.
4-24 Sec. 253.208. CERTAIN DIRECT CAMPAIGN EXPENDITURES
4-25 CONSIDERED CONTRIBUTION TO CANDIDATE. (a) For purposes of
4-26 Sections 253.203, 253.205, and 253.206, a direct campaign
4-27 expenditure for the purpose of supporting a candidate or opposing a
5-1 candidate's opponent made by a person other than a specific-purpose
5-2 committee is considered to be a political contribution to the
5-3 candidate whom the expenditure benefits unless the person making
5-4 the expenditure or the person's campaign treasurer, if any, in an
5-5 affidavit filed with the commission, states that the expenditure is
5-6 not made with the cooperation or prior consent of, in consultation
5-7 with, or at the suggestion of:
5-8 (1) the candidate whom the expenditure benefits;
5-9 (2) a specific-purpose committee for supporting the
5-10 candidate or opposing the candidate's opponent; or
5-11 (3) a person acting with the candidate's knowledge and
5-12 consent.
5-13 (b) An affidavit under Subsection (a) must be filed with the
5-14 report under Chapter 254 in which the direct campaign expenditure
5-15 is required to be reported.
5-16 Sec. 253.209. NOTICE TO CANDIDATE OR OFFICEHOLDER OF INTENT
5-17 TO ACCEPT CONTRIBUTIONS OR MAKE EXPENDITURES. (a) The campaign
5-18 treasurer of a specific-purpose committee that intends to accept
5-19 political contributions or make political expenditures for the
5-20 purpose of supporting a candidate covered by this subchapter,
5-21 opposing such a candidate's opponent, or assisting such a candidate
5-22 as an officeholder shall deliver written notice of the committee's
5-23 intent to the candidate or officeholder.
5-24 (b) The notice must include the full name and address of the
5-25 specific-purpose committee and of its campaign treasurer.
5-26 (c) The notice must be delivered not later than the later
5-27 of:
6-1 (1) the date the committee files its campaign
6-2 treasurer appointment; or
6-3 (2) the third day after the date the committee
6-4 determines it intends to accept political contributions or make
6-5 political expenditures for which notice under this section is
6-6 required.
6-7 (d) A campaign treasurer who violates this section commits
6-8 an offense. An offense under this section is a Class A
6-9 misdemeanor.
6-10 Sec. 253.210. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
6-11 COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
6-12 of a specific-purpose committee that receives a political
6-13 contribution that is considered under Section 253.207 to be a
6-14 political contribution to a candidate or officeholder shall, not
6-15 later than the fifth day after the date the contribution is
6-16 received, deliver written notice of that fact to the affected
6-17 candidate or officeholder.
6-18 (b) A candidate or officeholder who receives a political
6-19 contribution shall, not later than the fifth day after the date the
6-20 contribution is received, deliver written notice of that fact to
6-21 the campaign treasurer of each specific-purpose committee that
6-22 notifies the candidate or officeholder under Section 253.209 that
6-23 the committee intends to accept political contributions or make
6-24 political expenditures on the candidate's or officeholder's behalf.
6-25 (c) A notice under this section must include:
6-26 (1) the full name and address of the person receiving
6-27 the political contribution and of the person's campaign treasurer,
7-1 if any;
7-2 (2) the full name and address of the person making the
7-3 contribution;
7-4 (3) the date the contribution is received; and
7-5 (4) the amount of the contribution.
7-6 (d) A person who violates this section commits an offense.
7-7 An offense under this section is a Class A misdemeanor.
7-8 Sec. 253.211. NOTICE TO CANDIDATE OF DIRECT CAMPAIGN
7-9 EXPENDITURE. (a) A person who makes a direct campaign expenditure
7-10 that is considered under Section 253.208 to be a political
7-11 contribution to a candidate shall, not later than the fifth day
7-12 after the date the expenditure is made, deliver written notice of
7-13 that fact to the candidate whom the expenditure benefits.
7-14 (b) A notice under this section must include:
7-15 (1) the full name and address of the person making the
7-16 direct campaign expenditure and of the person's campaign treasurer,
7-17 if any;
7-18 (2) the date the expenditure is made;
7-19 (3) the amount of the expenditure; and
7-20 (4) if applicable, a copy of the affidavit to be filed
7-21 as required by Section 253.208.
7-22 (c) A person who violates this section commits an offense.
7-23 An offense under this section is a Class A misdemeanor.
7-24 Sec. 253.212. RETURN OF EXCESS CONTRIBUTION. (a) A person
7-25 who receives a political contribution, the acceptance of which
7-26 would violate Section 253.203, 253.205, or 253.206, shall return
7-27 the contribution to the contributor not later than the 10th day
8-1 after the date the contribution is received.
8-2 (b) A political contribution that is not returned as
8-3 required by this section is considered to be accepted.
8-4 Sec. 253.213. VOLUNTARY COMPLIANCE. (a) Not later than the
8-5 10th day after the date a person becomes a candidate for an office
8-6 covered by this subchapter, the person shall file with the
8-7 commission:
8-8 (1) a sworn declaration of compliance stating that the
8-9 person voluntarily agrees to comply with the limits on political
8-10 expenditures prescribed by this subchapter; or
8-11 (2) a written declaration of the person's intent to
8-12 make political expenditures that exceed the limits prescribed by
8-13 this subchapter.
8-14 (b) A candidate may not knowingly accept a campaign
8-15 contribution or make or authorize a campaign expenditure before the
8-16 candidate files a declaration under Subsection (a).
8-17 (c) A person who violates Subsection (b) commits an offense.
8-18 An offense under this section is a Class A misdemeanor.
8-19 Sec. 253.214. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
8-20 complying candidate or a specific-purpose committee for supporting
8-21 a complying candidate is not required to comply with the limits on
8-22 political contributions and political expenditures prescribed by
8-23 this subchapter if another person becomes a candidate for the same
8-24 office and:
8-25 (1) files a declaration of intent to exceed the limits
8-26 on political expenditures under Section 253.213(a)(2);
8-27 (2) fails to file a declaration of compliance under
9-1 Section 253.213(a)(1) or a declaration of intent under Section
9-2 253.213(a)(2); or
9-3 (3) files a declaration of compliance under Section
9-4 253.213(a)(1) but later exceeds the limits on political
9-5 expenditures.
9-6 (b) The executive director of the commission shall issue an
9-7 order suspending the limits on political contributions and
9-8 political expenditures for a specific office not later than the
9-9 fifth day after the date the executive director determines that:
9-10 (1) a person has become a candidate for that office
9-11 and:
9-12 (A) has filed a declaration of intent to exceed
9-13 the limits on political expenditures under Section 253.213(a)(2);
9-14 or
9-15 (B) has failed to file a declaration of
9-16 compliance under Section 253.213(a)(1) or a declaration of intent
9-17 under Section 253.213(a)(2); or
9-18 (2) a complying candidate for that office has exceeded
9-19 the limit on political expenditures prescribed by this subchapter.
9-20 Sec. 253.215. BENEFIT TO COMPLYING CANDIDATE. (a) A
9-21 complying candidate is entitled to state on political advertising
9-22 as provided by Section 255.009 that the candidate complies with the
9-23 voluntary limits on political expenditures prescribed by this
9-24 subchapter, regardless of whether the limits on political
9-25 contributions and political expenditures are suspended under
9-26 Section 253.214.
9-27 (b) A noncomplying candidate is not entitled to the benefit
10-1 provided by this section.
10-2 Sec. 253.216. EXPENDITURE LIMITS. (a) A complying
10-3 candidate may not knowingly make or authorize political
10-4 expenditures that, with respect to an election cycle in which the
10-5 candidate is involved, in the aggregate exceed:
10-6 (1) for the office of governor, $10 million;
10-7 (2) for a statewide office other than governor, $2
10-8 million;
10-9 (3) for the office of state senator, $350,000; or
10-10 (4) for the office of state representative or member,
10-11 State Board of Education, $100,000.
10-12 (b) A person who violates this section commits an offense.
10-13 An offense under this section is a Class A misdemeanor.
10-14 Sec. 253.217. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
10-15 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.216, a
10-16 political expenditure by a specific-purpose committee for the
10-17 purpose of supporting a candidate, opposing the candidate's
10-18 opponent, or assisting the candidate as an officeholder is
10-19 considered to be a political expenditure by the candidate unless
10-20 the candidate, in an affidavit filed with the commission, states
10-21 that the expenditure is not made with the cooperation or prior
10-22 consent of, in consultation with, or at the suggestion of:
10-23 (1) the candidate;
10-24 (2) a specific-purpose committee for supporting the
10-25 candidate or opposing the candidate's opponent; or
10-26 (3) a person acting with the candidate's knowledge and
10-27 consent.
11-1 (b) This section applies only to a political expenditure of
11-2 which the candidate or officeholder has notice.
11-3 (c) A candidate or officeholder shall file an affidavit
11-4 under this section with the next report the candidate or
11-5 officeholder is required to file under Chapter 254 following notice
11-6 of the political expenditure.
11-7 Sec. 253.218. PARTY CONTRIBUTION TO OR DIRECT EXPENDITURE ON
11-8 BEHALF OF COMPLYING CANDIDATE PROHIBITED. (a) A general-purpose
11-9 committee established by a political party or by the state or
11-10 county executive committee of a political party may not knowingly
11-11 authorize or make:
11-12 (1) a political contribution to a complying candidate
11-13 or a specific-purpose committee for supporting a complying
11-14 candidate or opposing a complying candidate; or
11-15 (2) a direct campaign expenditure that benefits a
11-16 complying candidate.
11-17 (b) Subsection (a)(2) does not apply to a political
11-18 expenditure for:
11-19 (1) a generic get-out-the-vote campaign; or
11-20 (2) a written list of two or more candidates that:
11-21 (A) identifies the party's candidates by name
11-22 and office sought, office held, or photograph; and
11-23 (B) is not broadcast, cablecast, published in a
11-24 newspaper or magazine, or placed on a billboard.
11-25 (c) A person who violates this section commits an offense.
11-26 An offense under this section is a Class A misdemeanor.
11-27 SECTION 2. Section 254.034, Election Code, is amended by
12-1 adding Subsection (f) to read as follows:
12-2 (f) This section applies to a political contribution covered
12-3 by Subchapter G, Chapter 253, except as provided by Section
12-4 253.212.
12-5 SECTION 3. Subchapter C, Chapter 254, Election Code, is
12-6 amended by adding Section 254.0612 to read as follows:
12-7 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY EXECUTIVE
12-8 AND LEGISLATIVE CANDIDATES. In addition to the contents required
12-9 by Sections 254.031 and 254.061, each report by a candidate for an
12-10 office covered by Subchapter G, Chapter 253, must include:
12-11 (1) for each political contribution of which the
12-12 candidate receives notice under Section 253.210:
12-13 (A) the full name and address of the
12-14 specific-purpose committee receiving the contribution;
12-15 (B) the full name and address of the committee's
12-16 campaign treasurer;
12-17 (C) the full name and address of the person
12-18 making the contribution;
12-19 (D) the date the contribution is received;
12-20 (E) the amount of the contribution; and
12-21 (F) an indication of whether the committee
12-22 accepted or refused the contribution; and
12-23 (2) for each direct campaign expenditure of which the
12-24 candidate receives notice under Section 253.211:
12-25 (A) the full name and address of the person
12-26 making the expenditure;
12-27 (B) the full name and address of the person's
13-1 campaign treasurer, if any;
13-2 (C) the date the expenditure is made; and
13-3 (D) the amount of the expenditure.
13-4 SECTION 4. Subchapter D, Chapter 254, Election Code, is
13-5 amended by adding Section 254.0912 to read as follows:
13-6 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY EXECUTIVE
13-7 AND LEGISLATIVE OFFICEHOLDERS. In addition to the contents
13-8 required by Sections 254.031 and 254.091, each report by an
13-9 officeholder covered by Subchapter G, Chapter 253, must include,
13-10 for each political contribution of which the officeholder receives
13-11 notice under Section 253.210:
13-12 (1) the full name and address of the specific-purpose
13-13 committee receiving the contribution;
13-14 (2) the full name and address of the committee's
13-15 campaign treasurer;
13-16 (3) the full name and address of the person making the
13-17 contribution;
13-18 (4) the date the contribution is received;
13-19 (5) the amount of the contribution; and
13-20 (6) an indication of whether the committee accepted or
13-21 refused the contribution.
13-22 SECTION 5. Subchapter E, Chapter 254, Election Code, is
13-23 amended by adding Section 254.1212 to read as follows:
13-24 Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF COMMITTEES
13-25 SUPPORTING, OPPOSING, OR ASSISTING EXECUTIVE OR LEGISLATIVE
13-26 CANDIDATES AND OFFICEHOLDERS. In addition to the contents required
13-27 by Sections 254.031 and 254.121, each report by a specific-purpose
14-1 committee for supporting or opposing a candidate for or assisting a
14-2 holder of an office covered by Subchapter G, Chapter 253, must
14-3 include, for each political contribution of which the committee
14-4 receives notice under Section 253.210:
14-5 (1) the full name and address of the candidate or
14-6 officeholder receiving the contribution;
14-7 (2) the full name and address of the candidate's or
14-8 officeholder's campaign treasurer, if any;
14-9 (3) the full name and address of the person making the
14-10 contribution;
14-11 (4) the date the contribution is received;
14-12 (5) the amount of the contribution; and
14-13 (6) an indication of whether the candidate or
14-14 officeholder accepted or refused the contribution.
14-15 SECTION 6. Chapter 255, Election Code, is amended by adding
14-16 Sections 255.009 and 255.010 to read as follows:
14-17 Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING FOR
14-18 EXECUTIVE AND LEGISLATIVE OFFICES. (a) This section applies only
14-19 to a candidate or specific-purpose committee covered by Subchapter
14-20 G, Chapter 253.
14-21 (b) Political advertising by a complying candidate as
14-22 defined by Section 253.202 or a specific-purpose committee for
14-23 supporting such a candidate may include the following statement:
14-24 "Political advertising paid for by (name of candidate or committee)
14-25 in compliance with the voluntary expenditure limits of the Texas
14-26 Election Code."
14-27 (c) Political advertising by a complying candidate or a
15-1 specific-purpose committee for supporting such a candidate that
15-2 does not contain the statement prescribed by Subsection (b) must
15-3 comply with Section 255.001.
15-4 (d) Political advertising by a noncomplying candidate as
15-5 defined by Section 253.202 or a specific-purpose committee for
15-6 supporting such a candidate must include the following statement:
15-7 "Political advertising paid for by (name of candidate or
15-8 committee), (who or which) has rejected the voluntary expenditure
15-9 limits of the Texas Election Code."
15-10 (e) The commission shall adopt rules providing for:
15-11 (1) the minimum size of the disclosure required by
15-12 this section in political advertising that appears on television or
15-13 in writing; and
15-14 (2) the minimum duration of the disclosure required by
15-15 this section in political advertising that appears on television or
15-16 radio.
15-17 (f) A person who violates this section or a rule adopted
15-18 under this section commits an offense. An offense under this
15-19 section is a Class A misdemeanor.
15-20 Sec. 255.010. RESTRICTIONS ON CERTAIN TELEPHONE AND
15-21 ELECTRONIC POLLING. (a) Not later than the fifth day before the
15-22 date a person conducts a telephone or electronic poll in connection
15-23 with a campaign for an office covered by Subchapter G, Chapter 253,
15-24 the person shall file with the commission the script that will be
15-25 used in conducting the poll. The commission may not take any
15-26 action in connection with a script filed under this subsection
15-27 other than making the script available to the public on request.
16-1 (b) At the beginning of a telephone conversation or
16-2 electronic communication with a polling subject, the pollster
16-3 shall:
16-4 (1) state the pollster's full name;
16-5 (2) identify the person conducting the poll and, if
16-6 that person is not a candidate or political committee, identify the
16-7 candidate or political committee on whose behalf the person is
16-8 conducting the poll;
16-9 (3) state the location from which the person is
16-10 calling or otherwise communicating; and
16-11 (4) state the telephone number of the location from
16-12 which the person is calling or otherwise communicating.
16-13 (c) In conducting the poll, a pollster may not ask a
16-14 question or make a statement that is not included in the script
16-15 filed under Subsection (a), except in response to a question from
16-16 the polling subject.
16-17 (d) This section applies only to a telephone or electronic
16-18 poll conducted by a person, including a news organization, that is:
16-19 (1) affiliated or aligned with a candidate, political
16-20 committee, political party, or campaign consultant; or
16-21 (2) compensated by a candidate, political committee,
16-22 political party, or campaign consultant for conducting the poll.
16-23 (e) A person who violates this section commits an offense.
16-24 An offense under this section is a Class B misdemeanor.
16-25 (f) In this section, "pollster" means the person who places
16-26 a telephone call or electronic communication and asks questions of
16-27 a polling subject.
17-1 SECTION 7. (a) Subchapter G, Chapter 253, Election Code, as
17-2 added by this Act, applies only to a political contribution
17-3 accepted or a political expenditure made on or after September 1,
17-4 1997. A political contribution accepted or a political expenditure
17-5 made before that date is governed by the law in effect at the time
17-6 the contribution was accepted or the expenditure was made and is
17-7 not aggregated with political contributions accepted or political
17-8 expenditures made on or after that date.
17-9 (b) Sections 254.0612, 254.0912, and 254.1212, Election
17-10 Code, as added by this Act, apply only to the reporting of a
17-11 political contribution accepted on or after September 1, 1997. The
17-12 reporting of a political contribution accepted before that date is
17-13 governed by the law in effect at the time the contribution was
17-14 accepted, and that law is continued in effect for that purpose.
17-15 SECTION 8. This Act takes effect September 1, 1997.
17-16 SECTION 9. The importance of this legislation and the
17-17 crowded condition of the calendars in both houses create an
17-18 emergency and an imperative public necessity that the
17-19 constitutional rule requiring bills to be read on three several
17-20 days in each house be suspended, and this rule is hereby suspended.