By Danburg                                      H.B. No. 3140

      75R7535 ESH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the reporting of certain political contributions and

 1-3     political expenditures and to the regulation of political

 1-4     advertising.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 251.001(16), Election Code, is amended to

 1-7     read as follows:

 1-8                 (16)  "Political advertising" means a communication

 1-9     supporting or opposing a candidate for nomination or election to a

1-10     public office or office of a political party, a political party, a

1-11     public officer, or a measure that:

1-12                       (A)  in return for consideration[,] is:

1-13                             (i)  published in a newspaper, magazine, or

1-14     other periodical;

1-15                             (ii)  [or is] broadcast by radio or

1-16     television; or

1-17                             (iii)  delivered through the use of an

1-18     automated dial announcing device, as defined by Section 3.651,

1-19     Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's

1-20     Texas Civil Statutes); or

1-21                       (B)  appears in a pamphlet, circular, flier,

1-22     billboard or other sign, bumper sticker, or similar form of written

1-23     communication.

1-24           SECTION 2.  Section 254.061, Election Code, is amended to

 2-1     read as follows:

 2-2           Sec. 254.061.  ADDITIONAL CONTENTS OF REPORTS.  In addition

 2-3     to the contents required by Section 254.031, each report by a

 2-4     candidate must include:

 2-5                 (1)  the candidate's full name and address, the office

 2-6     sought, and the identity and date of the election for which the

 2-7     report is filed;

 2-8                 (2)  the campaign treasurer's name, residence or

 2-9     business street address, and telephone number;

2-10                 (3)  for each political committee from which the

2-11     candidate received notice under Section 254.128 or 254.161:

2-12                       (A)  the committee's full name and address;

2-13                       (B)  an indication of whether the committee is a

2-14     general-purpose committee or a specific-purpose committee; [and]

2-15                       (C)  the full name and address of the committee's

2-16     campaign treasurer; and

2-17                       (D)  the amount of each political contribution or

2-18     political expenditure;

2-19                 (4)  the full name and address of each individual

2-20     acting as a campaign treasurer of a political committee under

2-21     Section 253.062 from whom the candidate received notice under

2-22     Section 254.128 or 254.161; and

2-23                 (5)  on a separate page or pages of the report, the

2-24     identification of any payment from political contributions made to

2-25     a business in which the candidate has a participating interest of

2-26     more than 10 percent, holds a position on the governing body of the

2-27     business, or serves as an officer of the business.

 3-1           SECTION 3.  Section 254.091, Election Code, is amended to

 3-2     read as follows:

 3-3           Sec. 254.091.  ADDITIONAL CONTENTS OF REPORTS.  In addition

 3-4     to the contents required by Section 254.031, each report by an

 3-5     officeholder must include:

 3-6                 (1)  the officeholder's full name and address and the

 3-7     office held;

 3-8                 (2)  for each political committee from which the

 3-9     officeholder received notice under Section 254.128 or 254.161:

3-10                       (A)  the committee's full name and address;

3-11                       (B)  an indication of whether the committee is a

3-12     general-purpose committee or a specific-purpose committee; [and]

3-13                       (C)  the full name and address of the committee's

3-14     campaign treasurer; and

3-15                       (D)  the amount of each political contribution or

3-16     political expenditure; and

3-17                 (3)  on a separate page or pages of the report, the

3-18     identification of any payment from political contributions made to

3-19     a business in which the officeholder has a participating interest

3-20     of more than 10 percent, holds a position on the governing body of

3-21     the business, or serves as an officer of the business.

3-22           SECTION 4.  Section 254.128, Election Code, is amended to

3-23     read as follows:

3-24           Sec. 254.128.  NOTICE TO CANDIDATE AND OFFICEHOLDER OF

3-25     CONTRIBUTIONS AND EXPENDITURES.  (a)  If a specific-purpose

3-26     committee accepts political contributions or makes political

3-27     expenditures for a candidate or officeholder, the committee's

 4-1     campaign treasurer shall deliver written notice of that fact to the

 4-2     affected candidate or officeholder not later than the end of the

 4-3     period covered by the report in which the reportable activity

 4-4     occurs.

 4-5           (b)  The notice must include:

 4-6                 (1)  the full name and address of the political

 4-7     committee and its campaign treasurer;

 4-8                 (2)  [and] an indication that the committee is a

 4-9     specific-purpose committee; and

4-10                 (3)  the amount of each political contribution accepted

4-11     or political expenditure made.

4-12           (c)  For purposes of this section, a specific-purpose

4-13     committee that makes a political expenditure that benefits more

4-14     than one candidate or officeholder shall, in compliance with rules

4-15     adopted by the commission, allocate a portion of the expenditure to

4-16     each candidate or officeholder whom the expenditure benefits in

4-17     proportion to the benefit received by the candidate or

4-18     officeholder.  For purposes of this subsection:

4-19                 (1)  a political expenditure for supporting a candidate

4-20     or assisting an officeholder benefits each candidate or

4-21     officeholder supported or assisted; and

4-22                 (2)  a political expenditure for opposing a candidate

4-23     benefits each opponent of the candidate.

4-24           (d)  A campaign treasurer commits an offense if the campaign

4-25     treasurer [he] fails to comply with this section.  An offense

4-26     under this section is a Class A misdemeanor.

4-27           SECTION 5.  Section 255.001(a), Election Code, is amended to

 5-1     read as follows:

 5-2           (a)  A person may not knowingly enter into a contract or

 5-3     other agreement to print, copy, publish, or broadcast political

 5-4     advertising that does not indicate in the advertising:

 5-5                 (1)  that it is political advertising; and

 5-6                 (2)  the full name and address of:

 5-7                       (A)  [either] the individual who caused the

 5-8     advertising to be printed, copied, published, or broadcast;

 5-9                       (B)  the campaign treasurer of the candidate,

5-10     officeholder, or political committee on whose behalf the

5-11     advertising is printed, copied, published, or broadcast; or

5-12                       (C)  the candidate, officeholder, or political

5-13     committee on whose behalf the advertising is printed, copied,

5-14     published, or broadcast [personally entered into the contract or

5-15     agreement with the printer, publisher, or broadcaster or the person

5-16     that individual represents; and]

5-17                 [(3)  in the case of advertising that is printed or

5-18     published, the address of either the individual who personally

5-19     entered into the agreement with the printer or publisher or the

5-20     person that individual represents].

5-21           SECTION 6.  This Act takes effect September 1, 1997.

5-22           SECTION 7.  (a)  Sections 254.061, 254.091, and 254.128,

5-23     Election Code, as amended by this Act, apply only to the reporting

5-24     of a political contribution accepted or political expenditure made

5-25     on or after September 1, 1997.  A political contribution accepted

5-26     or political expenditure made before that date is governed by the

5-27     law in effect on the date the contribution was accepted or the

 6-1     expenditure was made, and the former law is continued in effect for

 6-2     that purpose.

 6-3           (b)  The change in law made by this Act to Sections 254.128

 6-4     and 255.001, Election Code, applies only to an offense committed on

 6-5     or after September 1, 1997.  For the purposes of this section, an

 6-6     offense is committed before September 1, 1997, if any element of

 6-7     the offense occurs before the effective date.

 6-8           (c)  An offense committed before September 1, 1997, is

 6-9     covered by the law in effect when the offense was committed, and

6-10     the former law is continued in effect for that purpose.

6-11           SECTION 8.  The importance of this legislation and the

6-12     crowded condition of the calendars in both houses create an

6-13     emergency and an imperative public necessity that the

6-14     constitutional rule requiring bills to be read on three several

6-15     days in each house be suspended, and this rule is hereby suspended.