By Wolens H.B. No. 3207
75R9165 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of political contributions and
1-3 expenditures and political advertising, the registration of
1-4 lobbyists, personal financial disclosure by certain holders of and
1-5 candidates for state office, and the publication of summaries of
1-6 opinions of the Texas Ethics Commission.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 251.004, Election Code, is amended to
1-9 read as follows:
1-10 Sec. 251.004. VENUE [FOR OFFENSES]. (a) Venue for a
1-11 criminal offense prescribed by this title is in the county of
1-12 residence of the defendant, unless the defendant is not a Texas
1-13 resident, in which case venue is in Travis County.
1-14 (b) Venue for the recovery of delinquent civil penalties
1-15 imposed by the commission under this title is in Travis County.
1-16 SECTION 2. Section 252.0032, Election Code, is amended to
1-17 read as follows:
1-18 Sec. 252.0032. CONTENTS OF APPOINTMENT BY CANDIDATE.
1-19 (a) In addition to the information required by Section 252.002, a
1-20 campaign treasurer appointment by a candidate must include:
1-21 (1) the candidate's telephone number; and
1-22 (2) a statement, signed by the candidate, that the
1-23 candidate is aware of the nepotism law, Chapter 573, Government
1-24 Code.
2-1 (b) A campaign treasurer appointment that is filed in a
2-2 manner other than by use of an officially prescribed form is not
2-3 invalid because it fails to comply with Subsection (a)(2) [(a)].
2-4 SECTION 3. Section 253.034, Election Code, is amended to
2-5 read as follows:
2-6 Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING REGULAR
2-7 LEGISLATIVE SESSION. (a) During the period beginning on the 30th
2-8 day before the date a regular legislative session convenes and
2-9 continuing through the day of final adjournment, a person may not
2-10 knowingly make a political contribution to:
2-11 (1) a statewide officeholder;
2-12 (2) a member of the legislature; or
2-13 (3) a specific-purpose committee for supporting,
2-14 opposing, or assisting a statewide officeholder or member of the
2-15 legislature.
2-16 (b) A statewide officeholder, a member of the legislature,
2-17 or a specific-purpose committee for supporting, opposing, or
2-18 assisting a statewide officeholder or member of the legislature may
2-19 not knowingly accept a political contribution, and shall refuse a
2-20 political contribution that is received, during the period
2-21 prescribed by Subsection (a). A political contribution that is
2-22 received and refused during that period shall be returned to the
2-23 contributor not later than the 30th day after the date of receipt.
2-24 A contribution made by mail is not considered received during that
2-25 period if it was placed with postage prepaid and properly addressed
2-26 in the United States mail before the beginning of the period. The
2-27 date indicated by the post office cancellation mark is considered
3-1 to be the date the contribution was placed in the mail unless
3-2 proven otherwise.
3-3 (c) This section does not apply to a political contribution
3-4 that was made and accepted with the intent that it be used:
3-5 (1) in an election held or ordered during the period
3-6 prescribed by Subsection (a) in which the person accepting the
3-7 contribution is a candidate if the contribution was made after the
3-8 person appointed a campaign treasurer with the appropriate
3-9 authority and before the person was sworn in for that office;
3-10 (2) to defray expenses incurred in connection with an
3-11 election contest; or
3-12 (3) by a person who holds a state office or a member
3-13 of the legislature if the person or member was defeated at the
3-14 general election held immediately before the session is convened or
3-15 by a specific-purpose political committee that supports or assists
3-16 only that person or member.
3-17 (d) This section does not apply to a political contribution
3-18 made to or accepted by a holder of an office to which Subchapter F
3-19 applies.
3-20 (e) A person who violates this section commits an offense.
3-21 An offense under this section is a Class A misdemeanor.
3-22 SECTION 4. Section 253.0341(e), Election Code, is amended to
3-23 read as follows:
3-24 (e) In this section, "legislative caucus" means an
3-25 organization that is composed exclusively of members of the
3-26 legislature, that elects or appoints officers and recognizes
3-27 identified legislators as members of the organization, and that
4-1 exists for research and other support of policy development and
4-2 interests that the membership hold in common. The term includes an
4-3 entity established by or for a legislative caucus to conduct
4-4 research, education, or any other caucus activity. An organization
4-5 whose only nonlegislator members are the lieutenant governor or the
4-6 governor remains a "legislative caucus" for purposes of this
4-7 section.
4-8 SECTION 5. Section 255.006, Election Code, is amended to
4-9 read as follows:
4-10 Sec. 255.006. MISLEADING USE OF OFFICE TITLE. (a) A person
4-11 commits an offense if the person knowingly enters into a contract
4-12 or other agreement to print, publish, or broadcast political
4-13 advertising with the intent to represent to an ordinary and prudent
4-14 person that a candidate holds a public office the candidate [he]
4-15 does not hold at the time the agreement is made.
4-16 (b) A person commits an offense if the person knowingly
4-17 represents in a campaign communication that a candidate holds a
4-18 public office the candidate [he] does not hold at the time the
4-19 representation is made.
4-20 (c) For purposes of this section, a person represents that a
4-21 candidate holds a public office the candidate does not hold if:
4-22 (1) the candidate does not hold the office that the
4-23 candidate seeks; and
4-24 (2) the political advertising or campaign
4-25 communication states the public office sought but does not use the
4-26 word "for" to clarify that the candidate does not hold that office.
4-27 (d) A person other than an officeholder commits an offense
5-1 if the person knowingly uses a representation of the state seal in
5-2 political advertising.
5-3 (e) [(d)] An offense under this section is a Class A
5-4 misdemeanor.
5-5 SECTION 6. Section 255.007(a), Election Code, is amended to
5-6 read as follows:
5-7 (a) The following notice must be written on each political
5-8 advertising sign:
5-9 "NOTICE: IT IS A VIOLATION OF STATE LAW (SUBCHAPTER B,
5-10 CHAPTER 392, TRANSPORTATION CODE, AND CHAPTER 393, TRANSPORTATION
5-11 CODE) [(ARTICLE 2372cc, VERNON'S TEXAS CIVIL STATUTES, AND ARTICLE
5-12 6674v-7, REVISED STATUTES)], TO PLACE THIS SIGN IN THE RIGHT-OF-WAY
5-13 OF A HIGHWAY."
5-14 SECTION 7. Section 305.005(f), Government Code, is amended
5-15 to read as follows:
5-16 (f) The registration must be written and verified and must
5-17 contain:
5-18 (1) the registrant's full name and address;
5-19 (2) the registrant's normal business, business phone
5-20 number, and business address;
5-21 (3) the full name and address of each person:
5-22 (A) who reimburses, retains, or employs the
5-23 registrant to communicate directly with a member of the legislative
5-24 or executive branch to influence legislation or administrative
5-25 action; and
5-26 (B) on whose behalf the registrant has
5-27 communicated directly with a member of the legislative or executive
6-1 branch to influence legislation or administrative action;
6-2 (4) the subject matter of the legislation or [and, if
6-3 applicable, the docket number or other administrative designation]
6-4 of the administrative action that is the subject of the
6-5 registrant's direct communication with a member of the legislative
6-6 or executive branch and, if applicable, the docket number or other
6-7 administrative designation of the administrative action;
6-8 (5) for each person employed or retained by the
6-9 registrant for the purpose of assisting in direct communication
6-10 with a member of the legislative or executive branch to influence
6-11 legislation or administrative action:
6-12 (A) the full name, business address, and
6-13 occupation of the person; and
6-14 (B) the subject matter of the legislation or
6-15 [and, if applicable, the docket number or other administrative
6-16 designation] of the administrative action to which the person's
6-17 activities reportable under this section were related and, if
6-18 applicable, the docket number or other administrative designation
6-19 of the administrative action; and
6-20 (6) the amount of compensation or reimbursement paid
6-21 by each person who reimburses, retains, or employs the registrant
6-22 for the purpose of communicating directly with a member of the
6-23 legislative or executive branch or on whose behalf the registrant
6-24 communicates directly with a member of the legislative or executive
6-25 branch.
6-26 SECTION 8. Section 572.027(b), Government Code, is amended
6-27 to read as follows:
7-1 (b) If the deadline under which a candidate files an
7-2 application for a place on the ballot, other than the regular
7-3 filing deadline for an independent candidate, or files a
7-4 declaration of write-in candidacy falls after the date of the
7-5 regular filing deadline for candidates in the general primary
7-6 election, the candidate shall file the financial statement not
7-7 later than the 30th day after that later deadline. However, if
7-8 that deadline falls after [not later than] the 35th day before
7-9 [after] the date of [on which] the election in which the candidate
7-10 is running, the candidate shall file the statement not later than
7-11 the fifth day before the date of that election.
7-12 SECTION 9. Sections 2002.011 and 2002.012, Government Code,
7-13 are amended to read as follows:
7-14 Sec. 2002.011. TEXAS REGISTER. The secretary of state shall
7-15 compile, index, cross-index to statute, and publish a publication
7-16 to be known as the Texas Register. The register shall contain:
7-17 (1) notices of proposed rules issued and filed in the
7-18 office of the secretary of state as provided by Subchapter B of
7-19 Chapter 2001;
7-20 (2) the text of rules adopted and filed in the office
7-21 of the secretary of state;
7-22 (3) notices of open meetings issued and filed in the
7-23 office of the secretary of state as provided by law;
7-24 (4) executive orders issued by the governor;
7-25 (5) summaries of requests for opinions of the attorney
7-26 general and of the Texas [State] Ethics [Advisory] Commission;
7-27 (6) summaries of opinions of the attorney general and
8-1 of the Texas [State] Ethics [Advisory] Commission;
8-2 (7) guidelines prepared by the attorney general under
8-3 Section 2007.041;
8-4 (8) notices relating to the preparation of takings
8-5 impact assessments as provided by Section 2007.043; and
8-6 (9) other information of general interest to the
8-7 public of this state, including:
8-8 (A) federal legislation or regulations affecting
8-9 the state or a state agency; and
8-10 (B) state agency organizational and personnel
8-11 changes.
8-12 Sec. 2002.012. SUMMARIES OF OPINIONS AND REQUESTS FOR
8-13 OPINIONS. The attorney general or the Texas [State] Ethics
8-14 [Advisory] Commission, as appropriate, shall prepare and forward to
8-15 the secretary of state for publication in the Texas Register:
8-16 (1) summaries of requests for opinions under Section
8-17 2002.011(5); and
8-18 (2) summaries of opinions under Section 2002.011(6).
8-19 SECTION 10. (a) The change in law made by this Act applies
8-20 only to an offense committed on or after the effective date of this
8-21 Act. For the purposes of this section, an offense is committed
8-22 before the effective date of this Act if any element of the offense
8-23 occurs before the effective date.
8-24 (b) An offense committed before the effective date of this
8-25 Act is covered by the law in effect when the offense was committed,
8-26 and the former law is continued in effect for that purpose.
8-27 SECTION 11. This Act takes effect September 1, 1997.
9-1 SECTION 12. The importance of this legislation and the
9-2 crowded condition of the calendars in both houses create an
9-3 emergency and an imperative public necessity that the
9-4 constitutional rule requiring bills to be read on three several
9-5 days in each house be suspended, and this rule is hereby suspended.