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.