By Gallego, Patterson H.B. No. 3332
Substitute the following for H.B. No. 3332:
By Gallego C.S.H.B. No. 3332
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating and reporting certain political
1-3 contributions and certain political expenditures and to regulating
1-4 certain political advertising; providing criminal 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. RESTRICTIONS ON POLITICAL CONTRIBUTIONS AND
1-9 EXPENDITURES IN CONNECTION WITH 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. DEFINITION. In this subchapter, "principal
1-18 campaign committee" means a specific-purpose committee established
1-19 under Section 253.203 for supporting a candidate or assisting an
1-20 officeholder.
1-21 Sec. 253.203. PRINCIPAL CAMPAIGN COMMITTEE. (a) A
1-22 candidate for or holder of an office covered by this subchapter
1-23 shall designate in writing a specific-purpose committee to serve as
1-24 the person's principal campaign committee.
2-1 (b) A designation under Subsection (a) must be:
2-2 (1) made not later than the 15th day after the date
2-3 the person becomes a candidate or officeholder; and
2-4 (2) filed with the commission.
2-5 (c) The name of a principal campaign committee must include
2-6 the candidate's or officeholder's name.
2-7 (d) A candidate or officeholder may not have more than one
2-8 principal campaign committee at a time. A person who is both a
2-9 candidate and an officeholder may not have more than one principal
2-10 campaign committee. A candidate who becomes an officeholder is not
2-11 required to designate a new principal campaign committee.
2-12 (e) A prohibition or restriction imposed by this title on a
2-13 candidate or officeholder applies to the principal campaign
2-14 committee of a candidate or officeholder.
2-15 (f) Except as provided by this section, a person may not
2-16 establish a specific-purpose committee for supporting or opposing a
2-17 candidate for or assisting a holder of an office covered by this
2-18 subchapter.
2-19 Sec. 253.204. LIABILITY OF CANDIDATE OR OFFICEHOLDER FOR ACT
2-20 OR OMISSION OF PRINCIPAL CAMPAIGN COMMITTEE. A candidate or
2-21 officeholder is civilly liable for an act or omission by the
2-22 person's principal campaign committee in connection with a
2-23 requirement or prohibition prescribed by this title only if the
2-24 person authorized, requested, commanded, performed, or recklessly
2-25 or negligently tolerated the act or omission.
2-26 Sec. 253.205. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
2-27 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
3-1 (b), a candidate or officeholder may not knowingly accept a
3-2 political contribution in connection with the person's own
3-3 candidacy or office.
3-4 (b) A candidate or officeholder may accept a political
3-5 contribution on behalf of the person's principal campaign committee
3-6 unless the committee itself would be prohibited from accepting the
3-7 contribution.
3-8 Sec. 253.206. LIMIT ON CONTRIBUTION BY CHILD. (a) A child
3-9 may not knowingly make or authorize political contributions to the
3-10 principal campaign committee of a candidate or officeholder that,
3-11 in connection with each election in which the candidate or
3-12 officeholder is involved, in the aggregate exceed $50.
3-13 (b) A person may not knowingly accept a political
3-14 contribution, and shall refuse a political contribution that is
3-15 received, in violation of Subsection (a).
3-16 (c) In this section, "child" means a person under 18 years
3-17 of age who is not and has not been married or who has not had the
3-18 disabilities of minority removed for general purposes.
3-19 Sec. 253.207. NOTICE REQUIRED FOR CERTAIN DIRECT CAMPAIGN
3-20 EXPENDITURES. (a) A person other than the principal political
3-21 committee of the state executive committee or a county executive
3-22 committee of a political party may not make a direct campaign
3-23 expenditure for the purpose of supporting or opposing one or more
3-24 candidates unless the person files with the commission and the
3-25 principal campaign committee of each candidate whom the expenditure
3-26 benefits a written declaration of the person's intent to make the
3-27 expenditure not later than 72 hours before the expenditure is made.
4-1 The declaration must include the amount of the expenditure.
4-2 (b) The commission shall file a declaration received under
4-3 Subsection (a) with the records of the principal campaign committee
4-4 of each candidate whom the political expenditure benefits. Not
4-5 later than 24 hours after receiving a declaration under Subsection
4-6 (a), the commission shall deliver a copy of the declaration by
4-7 telephonic facsimile machine or overnight mail to the principal
4-8 campaign committee of each candidate who opposes the candidate whom
4-9 the expenditure benefits. For purposes of this section, a
4-10 political expenditure that opposes a candidate is considered to
4-11 benefit each candidate for the office other than the opposed
4-12 candidate.
4-13 (c) A political expenditure made by a political committee or
4-14 other association that consists only of costs incurred in
4-15 contacting the committee's or association's dues-paying membership
4-16 may be made without the declaration required by Subsection (a).
4-17 (d) This section does not apply to a political expenditure
4-18 by a candidate's principal campaign committee in connection with
4-19 the candidate's election.
4-20 Sec. 253.208. FAIR CAMPAIGN SPENDING FUND. (a) The fair
4-21 campaign spending fund is a special account in the general revenue
4-22 fund.
4-23 (b) The fair campaign spending fund consists of:
4-24 (1) damages recovered under Section 253.133 for
4-25 violations of this subchapter;
4-26 (2) civil penalties imposed under Section 571.173,
4-27 Government Code, for violations of this subchapter; and
5-1 (3) any gifts or grants received by the commission
5-2 under Subsection (f).
5-3 (c) The fair campaign spending fund may be used only for:
5-4 (1) voter education projects that relate to campaigns
5-5 for offices covered by this subchapter; and
5-6 (2) payment of costs incurred in imposing civil
5-7 penalties for violations of this subchapter.
5-8 (d) To the extent practicable, the fund shall be permitted
5-9 to accumulate until the balance is sufficient to permit the
5-10 publication of a voter's guide as provided by Section 253.209.
5-11 (e) The commission may use money in the fair campaign
5-12 spending fund to produce public service announcements to educate
5-13 voters about this subchapter.
5-14 (f) The commission may accept gifts and grants for the
5-15 purposes described by Subsections (c)(1), (d), and (e). Funds
5-16 received under this subsection shall be deposited to the credit of
5-17 the fair campaign spending fund.
5-18 (g) The fair campaign spending fund is exempt from Section
5-19 403.095, Government Code.
5-20 Sec. 253.209. VOTER'S GUIDE. (a) If the necessary funds
5-21 are available under Section 253.208, the commission may publish a
5-22 voter's guide listing candidates for offices covered by this
5-23 subchapter, their backgrounds, and similar information.
5-24 (b) The commission shall adopt rules under which a candidate
5-25 must provide information to the commission for inclusion in the
5-26 voter's guide. The rules may not restrict the content of a
5-27 candidate's information by any means other than prescribing a
6-1 maximum length.
6-2 (c) Not later than the seventh day before the date early
6-3 voting by mail begins, the commission shall:
6-4 (1) make the voter's guide available for publication
6-5 by newspapers in each part of the state;
6-6 (2) make the voter's guide available through the
6-7 Internet; and
6-8 (3) make the voter's guide available through the
6-9 comptroller's state government electronic billboard.
6-10 (d) In this section, "Internet" means the largest
6-11 nonproprietary nonprofit cooperative public computer network,
6-12 popularly known as the Internet.
6-13 SECTION 2. Section 84.001, Election Code, is amended to read
6-14 as follows:
6-15 Sec. 84.001. Application Required. (a) To be entitled to
6-16 vote an early voting ballot, a person who is eligible for early
6-17 voting must make an application for an early voting ballot as
6-18 provided by this title.
6-19 (b) An application must be in writing and signed by the
6-20 applicant.
6-21 (c) An applicant is not required to use an official
6-22 application form.
6-23 (d) An applicant may not use an application form that is
6-24 part of or is included with a campaign communication or political
6-25 advertising, as defined by Section 251.001, unless the application
6-26 form and campaign communication or political advertising are
6-27 provided to the applicant by:
7-1 (1) an individual, candidate, or officeholder not
7-2 working in concert with another person; or
7-3 (2) the principal political committee of the state
7-4 executive committee or a county executive committee of a political
7-5 party.
7-6 (e) An applicant for a ballot to be voted by mail may apply
7-7 for ballots for the main election and any resulting runoff election
7-8 on the same application. The timeliness of the application for
7-9 both elections is determined in relation to the main election.
7-10 However, if the application is not timely for the main election,
7-11 the timeliness of the application for the runoff election is
7-12 determined in relation to that election.
7-13 (f) [(e)] A person who has not made an application as
7-14 provided by this title is not entitled to receive an early voting
7-15 ballot.
7-16 SECTION 3. Section 251.001, Election Code, is amended by
7-17 amending Subdivisions (14) and (16) and adding Subdivision (21) to
7-18 read as follows:
7-19 (14) "General-purpose committee" means a political
7-20 committee that has among its principal purposes:
7-21 (A) supporting or opposing:
7-22 (i) two or more candidates who are
7-23 unidentified or are seeking offices that are unknown; or
7-24 (ii) one or more unidentified measures
7-25 [that are unidentified]; or
7-26 (B) assisting two or more officeholders who are
7-27 unidentified.
8-1 (16) "Political advertising" means a communication
8-2 supporting or opposing a candidate for nomination or election to a
8-3 public office or office of a political party, a political party, a
8-4 public officer, or a measure that:
8-5 (A) in return for consideration[,] is:
8-6 (i) published in a newspaper, magazine, or
8-7 other periodical;
8-8 (ii) [or is] broadcast by radio or
8-9 television; or
8-10 (iii) delivered through the use of an
8-11 automated dial announcing device, as defined by Section 3.651,
8-12 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
8-13 Texas Civil Statutes); or
8-14 (B) appears in a pamphlet, circular, flier,
8-15 billboard or other sign, bumper sticker, or similar form of written
8-16 communication.
8-17 (21) "Unidentified measure" means a question or
8-18 proposal that is intended to be submitted in an election for an
8-19 expression of the voters' will and that is not yet legally required
8-20 to be submitted in an election. The term does not include the
8-21 circulation or submission of a petition to determine whether a
8-22 question or proposal is required to be submitted in an election for
8-23 an expression of the voters' will.
8-24 SECTION 4. Section 251.005, Election Code, is amended by
8-25 amending Subsection (a) and adding Subsection (d) to read as
8-26 follows:
8-27 (a) An out-of-state political committee is not subject to
9-1 Chapter 252 or 254, except as provided by Subsection (b), [or] (c),
9-2 or (d).
9-3 (d) An out-of-state committee that is the national committee
9-4 of a political party, as defined by 2 U.S.C. Section 431, that
9-5 makes political contributions described by Section 253.217 is
9-6 subject to this title to the same extent as a political committee
9-7 that is not an out-of-state committee.
9-8 SECTION 5. Section 253.001, Election Code, is amended to
9-9 read as follows:
9-10 Sec. 253.001. CONTRIBUTION OR [AND] EXPENDITURE IN ANOTHER'S
9-11 NAME PROHIBITED. (a) A person may not knowingly make or authorize
9-12 a political contribution [or political expenditure] in the name of
9-13 or on behalf of another unless the person discloses in writing to
9-14 the recipient the [other's] name and address of the person actually
9-15 making the contribution in order for the recipient to make the
9-16 proper disclosure [to be made].
9-17 (b) A person may not knowingly make or authorize a political
9-18 expenditure in the name of or on behalf of another unless the
9-19 person discloses in writing to the person on whose behalf the
9-20 expenditure is made the name and address of the person actually
9-21 making the expenditure in order for the person on whose behalf the
9-22 expenditure is made to make the proper disclosure.
9-23 (c) A person who violates this section commits an offense.
9-24 An offense under this section is a Class A misdemeanor.
9-25 SECTION 6. Section 253.003(c), Election Code, is amended to
9-26 read as follows:
9-27 (c) This section does not apply to a political contribution
10-1 made or accepted in violation of Subchapter F or G.
10-2 SECTION 7. Section 253.004(b), Election Code, is amended to
10-3 read as follows:
10-4 (b) This section does not apply to a political expenditure
10-5 made or authorized in violation of Subchapter F or G.
10-6 SECTION 8. Section 253.134, Election Code, is amended to
10-7 read as follows:
10-8 Sec. 253.134. Civil Penalties Imposed by Commission. (a)
10-9 This title does not prohibit the imposition of civil penalties by
10-10 the commission in addition to criminal penalties or other sanctions
10-11 imposed by law.
10-12 (b) The commission, subject to approval of the attorney
10-13 general, may contract with a nongovernmental entity to collect a
10-14 civil penalty imposed under Section 571.173, Government Code, for a
10-15 violation of this chapter that is not paid before the 120th day
10-16 after the date it is imposed.
10-17 SECTION 9. Section 254.031, Election Code, is amended to
10-18 read as follows:
10-19 Sec. 254.031. General Contents of Reports. (a) Except as
10-20 otherwise provided by this chapter, each report filed under this
10-21 chapter must include:
10-22 (1) the amount of political contributions from each
10-23 person that in the aggregate exceed $50 and that are accepted
10-24 during the reporting period by the person or committee required to
10-25 file a report under this chapter, the full name and address of the
10-26 person making the contributions, and the dates of the
10-27 contributions;
11-1 (2) for each individual from whom the person or
11-2 committee required to file the report has accepted political
11-3 contributions that in the aggregate exceed $100 and that are
11-4 accepted during the reporting period:
11-5 (A) the individual's principal occupation or job
11-6 title;
11-7 (B) the full name of the individual's employer,
11-8 if any; and
11-9 (C) if the person required to file the report is
11-10 a candidate or officeholder, the aggregate total of political
11-11 contributions accepted from the individual since the date of the
11-12 last general election for the office sought by the candidate or
11-13 held by the officeholder, other than a contribution designated in
11-14 writing for that general election;
11-15 (3) the amount of loans that are made during the
11-16 reporting period for campaign or officeholder purposes to the
11-17 person or committee required to file the report and that in the
11-18 aggregate exceed $50, the dates the loans are made, the interest
11-19 rate, the maturity date, the type of collateral for the loans, if
11-20 any, the full name and address of the person or financial
11-21 institution making the loans, the full name and address, principal
11-22 occupation, and name of the employer of each guarantor of the
11-23 loans, the amount of the loans guaranteed by each guarantor, and
11-24 the aggregate principal amount of all outstanding loans as of the
11-25 last day of the reporting period;
11-26 (4) [(3)] the amount of political expenditures that in
11-27 the aggregate exceed $50 and that are made during the reporting
12-1 period, the full name and address of the persons to whom the
12-2 expenditures are made, and the dates and purposes of the
12-3 expenditures;
12-4 (5) [(4)] the amount of each payment made during the
12-5 reporting period from a political contribution if the payment is
12-6 not a political expenditure, the full name and address of the
12-7 person to whom the payment is made, and the date and purpose of the
12-8 payment;
12-9 (6) [(5)] the total amount or a specific listing of
12-10 the political contributions of $50 or less accepted and the total
12-11 amount or a specific listing of the political expenditures of $50
12-12 or less made during the reporting period;
12-13 (7) [(6)] the total amount of all political
12-14 contributions accepted and the total amount of all political
12-15 expenditures made during the reporting period; and
12-16 (8) [(7)] the name of each candidate or officeholder
12-17 who benefits from a direct campaign expenditure made during the
12-18 reporting period by the person or committee required to file the
12-19 report, and the office sought or held, excluding a direct campaign
12-20 expenditure that is made by the principal political committee of a
12-21 political party on behalf of a slate of two or more nominees of
12-22 that party.
12-23 (b) A person is considered to be in compliance with
12-24 Subsection (a)(2) if the person or the person's campaign treasurer
12-25 shows that best efforts have been used to obtain, maintain, and
12-26 report the information required by that subsection.
12-27 (c) If no reportable activity occurs during a reporting
13-1 period, the person required to file a report shall indicate that
13-2 fact in the report.
13-3 SECTION 10. Section 254.061, Election Code, is amended to
13-4 read as follows:
13-5 Sec. 254.061. Additional Contents of Reports. In addition
13-6 to the contents required by Section 254.031, each report by a
13-7 candidate must include:
13-8 (1) the candidate's full name and address, the office
13-9 sought, and the identity and date of the election for which the
13-10 report is filed;
13-11 (2) the campaign treasurer's name, residence or
13-12 business street address, and telephone number;
13-13 (3) for each political committee from which the
13-14 candidate received notice under Section 254.128 or 254.161:
13-15 (A) the committee's full name and address;
13-16 (B) an indication of whether the committee is a
13-17 general-purpose committee or a specific-purpose committee; [and]
13-18 (C) the full name and address of the committee's
13-19 campaign treasurer; and
13-20 (D) the amount of each political contribution or
13-21 political expenditure;
13-22 (4) the full name and address of each individual
13-23 acting as a campaign treasurer of a political committee under
13-24 Section 253.062 from whom the candidate received notice under
13-25 Section 254.128 or 254.161; and
13-26 (5) on a separate page or pages of the report, the
13-27 identification of any payment from political contributions made to
14-1 a business in which the candidate has a participating interest of
14-2 more than 10 percent, holds a position on the governing body of the
14-3 business, or serves as an officer of the business.
14-4 SECTION 11. Subchapter C, Chapter 254, Election Code, is
14-5 amended by adding Section 254.0612 to read as follows:
14-6 Sec. 254.0612. REPORTS BY PRINCIPAL CAMPAIGN COMMITTEE OF
14-7 EXECUTIVE OR LEGISLATIVE CANDIDATE; ADDITIONAL CONTENTS. (a) The
14-8 principal campaign committee of a candidate for an office covered
14-9 by Subchapter G, Chapter 253, shall comply with this chapter as if
14-10 the committee were a candidate.
14-11 (b) In addition to the contents required by Sections 254.031
14-12 and 254.061, each report by the principal campaign committee of a
14-13 candidate for an office covered by Subchapter G, Chapter 253, must
14-14 include for each political expenditure made by the candidate from
14-15 the candidate's personal funds or other assets, the information
14-16 required by Section 254.031(a)(4).
14-17 (c) In this section, "principal campaign committee" has the
14-18 meaning assigned by Section 253.202.
14-19 SECTION 12. Section 254.091, Election Code, is amended to
14-20 read as follows:
14-21 Sec. 254.091. Additional Contents of Reports. In addition
14-22 to the contents required by Section 254.031, each report by an
14-23 officeholder must include:
14-24 (1) the officeholder's full name and address and the
14-25 office held;
14-26 (2) for each political committee from which the
14-27 officeholder received notice under Section 254.128 or 254.161:
15-1 (A) the committee's full name and address;
15-2 (B) an indication of whether the committee is a
15-3 general-purpose committee or a specific-purpose committee; [and]
15-4 (C) the full name and address of the committee's
15-5 campaign treasurer; and
15-6 (D) the amount of each political contribution or
15-7 political expenditure; and
15-8 (3) on a separate page or pages of the report, the
15-9 identification of any payment from political contributions made to
15-10 a business in which the officeholder has a participating interest
15-11 of more than 10 percent, holds a position on the governing body of
15-12 the business, or serves as an officer of the business.
15-13 SECTION 13. Subchapter D, Chapter 254, Election Code, is
15-14 amended by adding Section 254.0912 to read as follows:
15-15 Sec. 254.0912. REPORTS BY PRINCIPAL CAMPAIGN COMMITTEE OF
15-16 EXECUTIVE OR LEGISLATIVE OFFICEHOLDER; ADDITIONAL CONTENTS. (a)
15-17 The principal campaign committee of an officeholder covered by
15-18 Subchapter G, Chapter 253, shall comply with this chapter as if the
15-19 committee were an officeholder.
15-20 (b) In addition to the contents required by Sections 254.031
15-21 and 254.091, each report by the principal campaign committee of an
15-22 officeholder covered by Subchapter G, Chapter 253, must include the
15-23 contents prescribed by Section 254.0612.
15-24 (c) In this section, "principal campaign committee" has the
15-25 meaning assigned by Section 253.202.
15-26 SECTION 14. Section 254.128, Election Code, is amended to
15-27 read as follows:
16-1 Sec. 254.128. Notice to Candidate and Officeholder of
16-2 Contributions and Expenditures. (a) If a specific-purpose
16-3 committee accepts political contributions or makes political
16-4 expenditures for a candidate or officeholder, the committee's
16-5 campaign treasurer shall deliver written notice of that fact to the
16-6 affected candidate or officeholder not later than the end of the
16-7 period covered by the report in which the reportable activity
16-8 occurs.
16-9 (b) The notice must include:
16-10 (1) the full name and address of the political
16-11 committee and its campaign treasurer;
16-12 (2) [and] an indication that the committee is a
16-13 specific-purpose committee; and
16-14 (3) the amount of each political contribution accepted
16-15 or political expenditure made.
16-16 (c) For purposes of this section, a specific-purpose
16-17 committee that makes a political expenditure that benefits more
16-18 than one candidate or officeholder shall, in compliance with rules
16-19 adopted by the commission, allocate a portion of the expenditure to
16-20 each candidate or officeholder whom the expenditure benefits in
16-21 proportion to the benefit received by the candidate or
16-22 officeholder. For purposes of this subsection:
16-23 (1) a political expenditure for supporting a candidate
16-24 or assisting an officeholder benefits each candidate or
16-25 officeholder supported or assisted; and
16-26 (2) a political expenditure for opposing a candidate
16-27 benefits each opponent of the candidate.
17-1 (d) A campaign treasurer commits an offense if the campaign
17-2 treasurer [he] fails to comply with this section. An offense under
17-3 this section is a Class A misdemeanor.
17-4 SECTION 15. Subchapter F, Chapter 254, Election Code, is
17-5 amended by adding Sections 254.1511 and 254.1512 to read as
17-6 follows:
17-7 Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
17-8 POLITICAL PARTY; ADDITIONAL CONTENTS. (a) Each report by the
17-9 principal political committee of the state executive committee of a
17-10 political party must list the political contributions and political
17-11 expenditures made in connection with each candidate or officeholder
17-12 on a separate schedule.
17-13 (b) In addition to the contents required by Sections 254.031
17-14 and 254.151, each report by the principal political committee of
17-15 the state executive committee of a political party must include,
17-16 for each candidate for or holder of an office covered by Subchapter
17-17 G, Chapter 253, for whose benefit the committee makes a political
17-18 contribution or political expenditure in the calendar year:
17-19 (1) the total amount of political contributions made
17-20 during the calendar year to the principal campaign committee of the
17-21 candidate or officeholder; and
17-22 (2) the total amount of political expenditures made
17-23 during the calendar year for the benefit of the candidate or
17-24 officeholder.
17-25 (c) In this section, "principal campaign committee" has the
17-26 meaning assigned by Section 253.202.
17-27 Sec. 254.1512. CONTENTS OF REPORTS OF FEDERALLY REGISTERED
18-1 COMMITTEE. (a) This section applies only to a general-purpose
18-2 committee that is registered under Subchapter I, Chapter 14, Title
18-3 2, United States Code.
18-4 (b) Each report by the campaign treasurer of a
18-5 general-purpose committee to which this section applies must
18-6 include the contents required by Sections 254.031 and 254.151,
18-7 except as provided by this section.
18-8 (c) Sections 254.031(a)(1)-(4) and (6) do not apply to the
18-9 committee.
18-10 (d) The committee's report must include:
18-11 (1) for each political contribution accepted during
18-12 the reporting period by the committee that, when aggregated with
18-13 each other political contribution accepted by the committee during
18-14 the calendar year from the person making the contribution, exceeds
18-15 $200:
18-16 (A) the amount of the contribution;
18-17 (B) the full name and address and principal
18-18 occupation of the person making the contribution; and
18-19 (C) the date of the contribution;
18-20 (2) for each loan made during the reporting period to
18-21 the committee for campaign purposes that, when aggregated with each
18-22 other loan made to the committee during the calendar year by the
18-23 person making the loan, exceeds $200:
18-24 (A) the amount of the loan;
18-25 (B) the full name and address of the person or
18-26 financial institution making the loan;
18-27 (C) the date of the loan;
19-1 (D) the interest rate;
19-2 (E) the maturity date;
19-3 (F) the type of collateral for the loan, if any;
19-4 (G) the full name and address, principal
19-5 occupation, and name of the employer of each guarantor of the loan;
19-6 and
19-7 (H) the amount of the loan guaranteed by each
19-8 guarantor;
19-9 (3) for each political expenditure made during the
19-10 reporting period by the committee that, when aggregated with each
19-11 other political expenditure made by the committee during the
19-12 calendar year to the person, exceeds $200:
19-13 (A) the amount of the expenditure;
19-14 (B) the full name and address of the person to
19-15 whom the expenditure is made; and
19-16 (C) the date of the expenditure;
19-17 (4) the total amount or a specific listing of the
19-18 political contributions of $200 or less accepted and the total
19-19 amount of political expenditures of $200 or less made during the
19-20 reporting period; and
19-21 (5) the aggregate principal amount of all outstanding
19-22 loans as of the last day of the reporting period.
19-23 (e) The committee's report need not include the amount of a
19-24 payment that is reported as a contribution under Subchapter I,
19-25 Chapter 14, Title 2, United States Code.
19-26 (f) Section 254.156 does not apply to a committee to which
19-27 this section applies.
20-1 (g) Notwithstanding Section 571.065, Government Code, a
20-2 committee to which this section applies may report the information
20-3 required by Subsection (d) on a form adopted or accepted by the
20-4 Federal Elections Commission.
20-5 SECTION 16. Section 254.203(a), Election Code, is amended to
20-6 read as follows:
20-7 (a) A person may not retain political contributions covered
20-8 by this title, assets purchased with the contributions, or interest
20-9 and other income earned on the contributions for more than six
20-10 years after the date the person [either] ceases to be an
20-11 officeholder or the date the person ceases to be a candidate [or
20-12 files a final report under this chapter], whichever is later.
20-13 SECTION 17. Section 254.204(a), Election Code, is amended to
20-14 read as follows:
20-15 (a) At the end of the six-year period prescribed by Section
20-16 254.203, the former officeholder or candidate shall remit any
20-17 unexpended political contributions to one or more of the following:
20-18 (1) the political party with which the person was
20-19 affiliated or aligned when the person's name last appeared on a
20-20 ballot;
20-21 (2) a candidate or political committee;
20-22 (3) the comptroller [of public accounts] for deposit
20-23 in the state treasury [State Treasury];
20-24 (4) one or more persons from whom political
20-25 contributions were received, in accordance with Subsection (d);
20-26 (5) a recognized tax-exempt, charitable organization
20-27 formed for educational, religious, or scientific purposes; [or]
21-1 (6) a public or private postsecondary educational
21-2 institution or an institution of higher education as defined by
21-3 Section 61.003[(8)], Education Code, solely for the purpose of
21-4 assisting or creating a scholarship program; or
21-5 (7) the commission for deposit in the fair campaign
21-6 spending fund under Section 253.208.
21-7 SECTION 18. Section 255.001(a), Election Code, is amended to
21-8 read as follows:
21-9 (a) A person may not knowingly enter into a contract or
21-10 other agreement to print, copy, publish, or broadcast political
21-11 advertising that does not indicate in the advertising:
21-12 (1) that it is political advertising; and
21-13 (2) the full name and address of:
21-14 (A) [either] the individual who caused the
21-15 advertising to be printed, copied, published, or broadcast;
21-16 (B) the campaign treasurer of the candidate,
21-17 officeholder, or political committee on whose behalf the
21-18 advertising is printed, copied, published, or broadcast; or
21-19 (C) the candidate, officeholder, or political
21-20 committee on whose behalf the advertising is printed, copied,
21-21 published, or broadcast [personally entered into the contract or
21-22 agreement with the printer, publisher, or broadcaster or the person
21-23 that individual represents; and]
21-24 [(3) in the case of advertising that is printed or
21-25 published, the address of either the individual who personally
21-26 entered into the agreement with the printer or publisher or the
21-27 person that individual represents].
22-1 SECTION 19. Chapter 255, Election Code, is amended by adding
22-2 Section 255.009 to read as follows:
22-3 Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING CONCERNING
22-4 CERTAIN UNPAID CIVIL PENALTIES. (a) Political advertising by a
22-5 person who fails to pay a civil penalty imposed by the commission
22-6 for a violation of this title must, in addition to any other
22-7 disclosure required under this chapter, include the following
22-8 statement: "(Name of candidate or committee) has failed to pay a
22-9 civil penalty imposed by the Texas Ethics Commission for a
22-10 violation of Title 15, Election Code."
22-11 (b) The commission shall adopt rules providing for:
22-12 (1) the minimum size of the disclosure required by
22-13 this section in political advertising that appears on television or
22-14 in writing; and
22-15 (2) the minimum duration of the disclosure required by
22-16 this section in political advertising that appears on television or
22-17 radio.
22-18 (c) Subsection (a) does not apply to a civil penalty imposed
22-19 by the commission that is the subject of an appeal under Section
22-20 571.133, Government Code.
22-21 (d) A person who violates this section commits an offense.
22-22 An offense under this section is a Class A misdemeanor.
22-23 SECTION 20. Title 15, Election Code, is amended by adding
22-24 Chapter 256 to read as follows:
22-25 CHAPTER 256. POLITICAL CONSULTANTS
22-26 Sec. 256.001. DEFINITIONS. In this chapter:
22-27 (1) "Political consultant" means a person required to
23-1 register under Section 256.002.
23-2 (2) "Political services" includes the provision of
23-3 advice on political strategy or voter demographics and polling.
23-4 Sec. 256.002. PERSONS REQUIRED TO REGISTER. (a) A person
23-5 shall register with the commission under this chapter if the person
23-6 receives compensation of more than an amount determined by
23-7 commission rule but not less than $200 in a calendar quarter from a
23-8 candidate, officeholder, political committee, or political party to
23-9 provide political services in connection with a statewide or
23-10 district office or a statewide measure.
23-11 (b) A person is not required to register under this chapter
23-12 if the person receives compensation for providing political
23-13 services only as an employee of a candidate, officeholder,
23-14 political committee, or political party.
23-15 (c) A person who knowingly fails to register as required by
23-16 this chapter commits an offense. An offense under this section is
23-17 a Class A misdemeanor.
23-18 Sec. 256.003. REGISTRATION. (a) Each person required to
23-19 register under this chapter shall file with the commission a
23-20 written registration accompanied by a registration fee.
23-21 (b) A registration filed under this chapter expires January
23-22 1 of each year unless the political consultant files with the
23-23 commission a written renewal of registration accompanied by a
23-24 renewal fee. The political consultant may file the registration
23-25 renewal at any time in December preceding the expiration of the
23-26 registration.
23-27 (c) The registration fee and registration renewal fee are
24-1 $300.
24-2 (d) The commission shall deposit fees collected under this
24-3 section in the state ethics fund.
24-4 (e) A person required to register under this chapter who has
24-5 not registered or whose registration has expired shall file the
24-6 registration and fee not later than the fifth day after the date
24-7 the person first provides political services to a candidate,
24-8 officeholder, political committee, or political party.
24-9 (f) The registration must contain:
24-10 (1) the person's full name and address; and
24-11 (2) the person's business telephone number and
24-12 business address.
24-13 (g) If a change occurs in the information required to be
24-14 reported by a person under this section and that changed
24-15 information is not timely reported on a report due under Section
24-16 256.004, the person shall file an amended statement reflecting the
24-17 change with the commission not later than the date the next report
24-18 is due under Section 256.004.
24-19 Sec. 256.004. ACTIVITIES REPORT. (a) Each political
24-20 consultant shall file with the commission a report concerning the
24-21 activities described by this section.
24-22 (b) The report must contain, for each candidate,
24-23 officeholder, political committee, or political party to whom the
24-24 political consultant provides political services in the reporting
24-25 period:
24-26 (1) the name and address of the candidate,
24-27 officeholder, political committee, or political party;
25-1 (2) a description of the political services provided;
25-2 and
25-3 (3) the amount of compensation received in the
25-4 reporting period for the political services.
25-5 Sec. 256.005. REPORTING SCHEDULE. (a) A political
25-6 consultant shall file two reports for each year as provided by this
25-7 section.
25-8 (b) The first report shall be filed not later than July 15.
25-9 The report covers the period beginning January 1, the day the
25-10 political consultant's registration is filed, or the first day
25-11 after the period covered by the last report required to be filed
25-12 under this chapter, as applicable, and continuing through June 30.
25-13 (c) The second report shall be filed not later than January
25-14 15. The report covers the period beginning July 1, the day the
25-15 political consultant's registration is filed, or the first day
25-16 after the period covered by the last report required to be filed
25-17 under this chapter, as applicable, and continuing through December
25-18 31.
25-19 Sec. 256.006. APPLICABILITY OF CHAPTER 254. Subchapters A
25-20 and B, Chapter 254, apply to registrations, reportable activity,
25-21 and reports filed under this chapter, except to the extent
25-22 inconsistent with this chapter.
25-23 SECTION 21. Title 16, Revised Statutes, is amended by adding
25-24 Article 360 to read as follows:
25-25 Art. 360. BANK ACCOUNTS FOR CANDIDATES FOR PUBLIC OFFICE
25-26 Sec. 1. DEFINITIONS. In this article:
25-27 (1) "Candidate" has the meaning assigned by Section
26-1 251.001, Election Code.
26-2 (2) "Financial institution" means a bank, savings and
26-3 loan association, savings bank, or credit union.
26-4 (3) "Political contribution" has the meaning assigned
26-5 by Section 251.001, Election Code.
26-6 Sec. 2. CONSENT OF CANDIDATE REQUIRED. A financial
26-7 institution may not open an account in the name of a candidate
26-8 without obtaining that candidate's consent and signature if
26-9 political contributions will be deposited in the account.
26-10 Sec. 3. CANDIDATE NEED NOT BE SIGNATORY. Section 2 of this
26-11 article does not require that the candidate be a signatory to the
26-12 account.
26-13 SECTION 22. Section 253.042(g), Election Code, is repealed.
26-14 SECTION 23. (a) This Act takes effect September 1, 1997.
26-15 (b) Not later than September 15, 1997, each candidate for or
26-16 holder of an office covered by Subchapter G, Chapter 253, Election
26-17 Code, as added by this Act, shall file with the Texas Ethics
26-18 Commission a designation of the person's principal campaign
26-19 committee as required by Section 253.203, Election Code, as added
26-20 by this Act.
26-21 (c) Subchapter G, Chapter 253, Election Code, as added by
26-22 this Act, applies only to a political contribution accepted or a
26-23 political expenditure made on or after September 1, 1997. A
26-24 political contribution accepted or a political expenditure made
26-25 before that date is governed by the law in effect at the time the
26-26 contribution was accepted or the expenditure was made.
26-27 (d) The change in law made to Sections 253.001, 254.128, and
27-1 255.001, Election Code, by this Act applies only to an offense
27-2 committed on or after September 1, 1997. For the purposes of this
27-3 section, an offense is committed before September 1, 1997, if any
27-4 element of the offense occurs before that date.
27-5 (e) An offense under Section 253.001, 254.128, or 255.001,
27-6 Election Code, that is committed before September 1, 1997, is
27-7 covered by the law in effect when the offense was committed, and
27-8 the former law is continued in effect for this purpose.
27-9 (f) Sections 254.061, 254.091, and 254.128, Election Code,
27-10 as amended by this Act, and Sections 254.0612, 254.0912, 254.1511,
27-11 and 254.1512, Election Code, as added by this Act, apply to the
27-12 reporting of a political contribution accepted or political
27-13 expenditure made on or after September 1, 1997. The reporting of a
27-14 political contribution accepted or a political expenditure made
27-15 before that date is governed by the law in effect at the time the
27-16 contribution or expenditure was accepted or made, and the former
27-17 law is continued in effect for that purpose.
27-18 (g) Notwithstanding Section 254.203, Election Code, as that
27-19 section existed before amendment by this Act, a former officeholder
27-20 or candidate who ceased to be an officeholder or candidate before
27-21 September 1, 1991, but who has not filed a final report under
27-22 Chapter 254, Election Code, before September 1, 1997, shall, not
27-23 later than January 1, 1998, dispose of unexpended political
27-24 contributions, assets purchased with political contributions, and
27-25 interest or other income earned on political contributions in
27-26 compliance with Section 254.203, Election Code, as amended by this
27-27 Act. A former officeholder or candidate who ceased to be an
28-1 officeholder or candidate on or after September 1, 1991, shall
28-2 dispose of unexpended political contributions, assets purchased
28-3 with political contributions, and interest or other income earned
28-4 on political contributions in compliance with Section 254.203,
28-5 Election Code, as amended by this Act, regardless of whether the
28-6 person has filed a final report under Chapter 254, Election Code.
28-7 SECTION 24. The importance of this legislation and the
28-8 crowded condition of the calendars in both houses create an
28-9 emergency and an imperative public necessity that the
28-10 constitutional rule requiring bills to be read on three several
28-11 days in each house be suspended, and this rule is hereby suspended.