By Ellis, et al. S.B. No. 1686
75R5516 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain political contributions,
1-3 political expenditures, and political advertising; providing
1-4 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. LEGISLATIVE FAIR CAMPAIGN SPENDING ACT
1-9 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-10 applies only to a political contribution or political expenditure
1-11 in connection with the office of state senator or state
1-12 representative.
1-13 Sec. 253.202. DEFINITIONS. In this subchapter:
1-14 (1) "Complying candidate" means a legislative
1-15 candidate who files a declaration of compliance under Section
1-16 253.211(a)(1).
1-17 (2) "In connection with an election" means:
1-18 (A) with regard to a political contribution that
1-19 is designated in writing for a particular election, the election
1-20 designated; or
1-21 (B) with regard to a political contribution that
1-22 is not designated in writing for a particular election or that is
1-23 designated as an officeholder contribution, the next election for
1-24 that office occurring after the contribution is made.
2-1 (3) "Noncomplying candidate" means a legislative
2-2 candidate who:
2-3 (A) files a declaration of intent to exceed the
2-4 limits on political expenditures under Section 253.211(a)(2);
2-5 (B) fails to file a declaration of compliance
2-6 under Section 253.211(a)(1) or a declaration of intent under
2-7 Section 253.211(a)(2); or
2-8 (C) files a declaration of compliance under
2-9 Section 253.211(a)(1) but who later exceeds the personal
2-10 expenditure limit under Section 253.214 or whose principal campaign
2-11 committee later exceeds the aggregate expenditure limit under
2-12 Section 253.215.
2-13 (4) "Principal campaign committee" means a
2-14 specific-purpose committee established under Section 253.203 for
2-15 supporting a legislative candidate or assisting a legislative
2-16 officeholder.
2-17 Sec. 253.203. PRINCIPAL CAMPAIGN COMMITTEE. (a) A
2-18 legislative candidate or officeholder shall designate in writing a
2-19 specific-purpose committee to serve as the person's principal
2-20 campaign committee.
2-21 (b) A designation under Subsection (a) must be:
2-22 (1) made not later than the 15th day after the date
2-23 the person becomes a legislative candidate or officeholder; and
2-24 (2) filed with the commission.
2-25 (c) The name of a principal campaign committee must include
2-26 the candidate's or officeholder's name.
2-27 (d) A legislative candidate or officeholder may not have
3-1 more than one principal campaign committee at a time. A person who
3-2 is both a candidate and an officeholder may not have more than one
3-3 principal campaign committee. A candidate who becomes an
3-4 officeholder is not required to designate a new principal campaign
3-5 committee.
3-6 (e) A prohibition or restriction imposed by this title on a
3-7 candidate or officeholder applies to the principal campaign
3-8 committee of a legislative candidate or officeholder.
3-9 (f) Except as provided by this section, a person may not
3-10 establish a specific-purpose committee for supporting or opposing a
3-11 legislative candidate or assisting a legislative officeholder.
3-12 Sec. 253.204. LIABILITY OF CANDIDATE FOR ACT OR OMISSION OF
3-13 PRINCIPAL CAMPAIGN COMMITTEE. (a) A legislative candidate or
3-14 officeholder is criminally liable for an act or omission by the
3-15 person's principal campaign committee in connection with a
3-16 requirement or prohibition prescribed by this title only if the
3-17 person authorized, requested, commanded, performed, or recklessly
3-18 tolerated the act or omission.
3-19 (b) A legislative candidate or officeholder is civilly
3-20 liable for an act or omission by the person's principal campaign
3-21 committee in connection with a requirement or prohibition
3-22 prescribed by this title only if the person authorized, requested,
3-23 commanded, performed, or recklessly or negligently tolerated the
3-24 act or omission.
3-25 Sec. 253.205. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
3-26 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
3-27 (b), a legislative candidate or officeholder may not knowingly
4-1 accept a political contribution in connection with the person's own
4-2 candidacy or office.
4-3 (b) A legislative candidate or officeholder may accept a
4-4 political contribution on behalf of the person's principal campaign
4-5 committee unless the committee itself would be prohibited from
4-6 accepting the contribution.
4-7 (c) A person who violates this section commits an offense.
4-8 An offense under this section is a Class A misdemeanor.
4-9 Sec. 253.206. CONTRIBUTION LIMITS. (a) Except as provided
4-10 by Section 253.207, a person other than a general-purpose committee
4-11 may not knowingly make or authorize political contributions to the
4-12 principal campaign committee of a legislative candidate or
4-13 officeholder that, in connection with each election in which the
4-14 candidate or officeholder is involved, in the aggregate exceed:
4-15 (1) $3,000, for the office of state senator; or
4-16 (2) $1,000, for the office of state representative.
4-17 (b) A person may not knowingly accept a political
4-18 contribution, and shall refuse a political contribution that is
4-19 received, in violation of Subsection (a).
4-20 (c) A person who violates this section commits an offense.
4-21 An offense under this section is a Class A misdemeanor.
4-22 Sec. 253.207. AGGREGATE CONTRIBUTION LIMIT FOR CERTAIN
4-23 FAMILY GROUPS. (a) A group consisting of an individual, the
4-24 individual's spouse, and the individual's children may not
4-25 knowingly make or authorize political contributions to the
4-26 principal campaign committee of a legislative candidate or
4-27 officeholder that, in connection with each election in which the
5-1 candidate or officeholder is involved, in the aggregate exceed:
5-2 (1) $6,000, for the office of state senator; or
5-3 (2) $2,000, for the office of state representative.
5-4 (b) A person may not knowingly accept a political
5-5 contribution, and shall refuse a political contribution that is
5-6 received, in violation of Subsection (a).
5-7 (c) In this section, "child" means a person under 18 years
5-8 of age who is not and has not been married or who has not had the
5-9 disabilities of minority removed for general purposes.
5-10 (d) A person who violates this section commits an offense.
5-11 An offense under this section is a Class A misdemeanor.
5-12 Sec. 253.208. AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND
5-13 EXPENDITURES BY GENERAL-PURPOSE COMMITTEE. (a) The principal
5-14 campaign committee of a legislative candidate or officeholder may
5-15 not knowingly accept a political contribution from a
5-16 general-purpose committee that, when aggregated with each other
5-17 political contribution from a general-purpose committee in
5-18 connection with an election, exceeds:
5-19 (1) $100,000 in connection with a general primary
5-20 election, general election, or special election for state senator;
5-21 (2) $70,000 in connection with a runoff primary
5-22 election or runoff special election for state senator;
5-23 (3) $35,000 in connection with a general primary
5-24 election, general election, or special election for state
5-25 representative; or
5-26 (4) $20,000 in connection with a runoff primary
5-27 election or runoff special election for state representative.
6-1 (b) For purposes of this section, a political expenditure by
6-2 a general-purpose committee for the purpose of supporting a
6-3 candidate, for opposing the candidate's opponent, or for assisting
6-4 the candidate as an officeholder is considered to be a political
6-5 contribution to the principal campaign committee of the candidate
6-6 whom the expenditure benefits, unless the campaign treasurer of the
6-7 general-purpose committee, in an affidavit filed with the
6-8 commission, states that the committee has not directly or
6-9 indirectly communicated with the candidate's campaign, including
6-10 the candidate, an aide to the candidate, a campaign officer, a
6-11 campaign consultant, or the candidate's principal campaign
6-12 committee in regard to a strategic matter, including polling data,
6-13 advertising, or voter demographics, or other information used to
6-14 coordinate activities, in connection with the candidate's campaign.
6-15 (c) Subsection (b) applies only to a political expenditure
6-16 of which the candidate or officeholder or the candidate's principal
6-17 campaign committee has notice.
6-18 (d) Subsection (b) does not apply to a political expenditure
6-19 by the principal political committee of the state executive
6-20 committee or a county executive committee of a political party.
6-21 (e) An affidavit under Subsection (b) must be filed with the
6-22 report under Chapter 254 in which the political expenditure is
6-23 required to be reported.
6-24 (f) A person who violates this section commits an offense.
6-25 An offense under this section is a Class A misdemeanor.
6-26 Sec. 253.209. RETURN OF EXCESS CONTRIBUTION. (a) A
6-27 principal campaign committee that receives a political contribution
7-1 the acceptance of which would violate Section 253.206, 253.207, or
7-2 253.208 shall return the contribution to the contributor not later
7-3 than the 10th day after the last day of the reporting period
7-4 prescribed by Chapter 254 in which the contribution is received.
7-5 (b) A political contribution that is not returned as
7-6 required by this section is considered to be accepted.
7-7 Sec. 253.210. NOTICE REQUIRED FOR CERTAIN DIRECT CAMPAIGN
7-8 EXPENDITURES. (a) A person other than the principal political
7-9 committee of the state executive committee or a county executive
7-10 committee of a political party may not make a direct campaign
7-11 expenditure for the purpose of supporting or opposing a legislative
7-12 candidate unless the person files with the commission and the
7-13 principal campaign committee of the candidate whom the expenditure
7-14 benefits a written declaration of the person's intent to make the
7-15 expenditure not later than 48 hours before the expenditure is made.
7-16 The declaration must include the amount of the expenditure.
7-17 (b) The commission shall file a declaration received under
7-18 Subsection (a) with the records of the principal campaign committee
7-19 of each legislative candidate whom the political expenditure
7-20 benefits. For purposes of this section, a political expenditure
7-21 that opposes a legislative candidate is considered to benefit each
7-22 candidate for the office other than the opposed candidate.
7-23 (c) A political expenditure made by a political committee or
7-24 other association that consists only of costs incurred in
7-25 contacting the committee's or association's dues-paying membership
7-26 may be made without the declaration required by Subsection (a).
7-27 (d) This section does not apply to a political expenditure
8-1 by a candidate's principal campaign committee in connection with
8-2 the candidate's election.
8-3 Sec. 253.211. VOLUNTARY COMPLIANCE. (a) Not later than the
8-4 10th day after the date a person becomes a candidate for
8-5 legislative office, the person shall file with the commission:
8-6 (1) a sworn declaration of compliance stating that the
8-7 person, acting through the person's principal campaign committee,
8-8 voluntarily agrees to comply with the limits on political
8-9 expenditures prescribed by this subchapter; or
8-10 (2) a written declaration stating that the person,
8-11 acting through the person's principal campaign committee, intends
8-12 to make political expenditures that exceed the limits prescribed by
8-13 this subchapter.
8-14 (b) A legislative candidate or the principal campaign
8-15 committee of a legislative candidate may not knowingly accept a
8-16 campaign contribution or make or authorize a campaign expenditure
8-17 before the candidate files a declaration under Subsection (a).
8-18 Sec. 253.212. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
8-19 complying candidate or the principal campaign committee of a
8-20 complying candidate is not required to comply with the limits on
8-21 political contributions and political expenditures prescribed by
8-22 this subchapter and the limit on the reimbursement of personal
8-23 funds prescribed by Section 253.042 if another person becomes a
8-24 candidate for the same office and:
8-25 (1) files a declaration of intent to exceed the limits
8-26 on political expenditures under Section 253.211(a)(2);
8-27 (2) fails to file a declaration of compliance under
9-1 Section 253.211(a)(1) or a declaration of intent under Section
9-2 253.211(a)(2); or
9-3 (3) files a declaration of compliance under Section
9-4 253.211(a)(1) but later exceeds the personal expenditure limit
9-5 under Section 253.214 or the person's principal campaign committee
9-6 later exceeds the aggregate expenditure limit under Section
9-7 253.215.
9-8 (b) The executive director of the commission shall issue an
9-9 order suspending the limits on political contributions, political
9-10 expenditures, and reimbursement of personal funds for a specific
9-11 office not later than the fifth day after the date the executive
9-12 director determines that:
9-13 (1) a person has become a candidate for that office
9-14 and:
9-15 (A) has filed a declaration of intent to exceed
9-16 the limits on political expenditures under Section 253.211(a)(2);
9-17 or
9-18 (B) has failed to file a declaration of
9-19 compliance under Section 253.211(a)(1) or a declaration of intent
9-20 under Section 253.211(a)(2); or
9-21 (2) a complying candidate or the principal campaign
9-22 committee of a complying candidate for that office has exceeded the
9-23 applicable limit on political expenditures prescribed by this
9-24 subchapter.
9-25 Sec. 253.213. BENEFITS TO COMPLYING CANDIDATE. (a)
9-26 Regardless of whether the limits on political contributions and
9-27 political expenditures are suspended under Section 253.212 or
10-1 increased under Section 253.219, a complying candidate and the
10-2 principal campaign committee of a complying candidate are entitled
10-3 to:
10-4 (1) state on political advertising as provided by
10-5 Section 255.009 that the candidate complies with the Legislative
10-6 Fair Campaign Spending Act;
10-7 (2) an exemption from sales and use tax as provided by
10-8 Section 151.354, Tax Code;
10-9 (3) use public space in a building or park owned or
10-10 controlled by the state or a political subdivision for a meeting,
10-11 rally, or similar campaign event, subject to:
10-12 (A) reasonable restrictions by the governmental
10-13 entity in control of the building or park as to the time and
10-14 duration of events under this subdivision; and
10-15 (B) payment of the actual expenses of the
10-16 governmental entity resulting from use of the building or park,
10-17 including preparation, security, and cleanup; and
10-18 (4) inclusion in the voter's guide under Section
10-19 253.221.
10-20 (b) A noncomplying candidate and the principal campaign
10-21 committee of a noncomplying candidate are not entitled to the
10-22 benefits provided by this section.
10-23 Sec. 253.214. PERSONAL EXPENDITURE LIMITS. (a) A complying
10-24 candidate may not knowingly make or authorize, from the candidate's
10-25 personal funds or other assets, political expenditures in
10-26 connection with the candidate's candidacy that, in connection with
10-27 each election in which the candidate is involved, in the aggregate
11-1 exceed:
11-2 (1) $25,000, for the office of state senator; or
11-3 (2) $15,000, for the office of state representative.
11-4 (b) For purposes of Subsection (a), the use of a person's
11-5 personal funds or other assets as collateral for a loan is
11-6 considered to be a political expenditure.
11-7 (c) A person who violates this section commits an offense.
11-8 An offense under this section is a Class A misdemeanor.
11-9 Sec. 253.215. AGGREGATE EXPENDITURE LIMITS. (a) Except as
11-10 provided by Subsection (b), the principal campaign committee of a
11-11 complying candidate may not knowingly make or authorize political
11-12 expenditures that in the aggregate exceed:
11-13 (1) for the office of state senator:
11-14 (A) $350,000, in connection with a general
11-15 primary election, general election, or special election; or
11-16 (B) $215,000, in connection with a runoff
11-17 primary election or runoff special election; or
11-18 (2) for the office of state representative:
11-19 (A) $50,000, in connection with a general
11-20 primary election, general election, or special election; or
11-21 (B) $35,000, in connection with a runoff primary
11-22 election or runoff special election.
11-23 (b) This section applies to all political expenditures
11-24 except a political expenditure for:
11-25 (1) bumper stickers, yard signs smaller than 28 inches
11-26 by 44 inches, or buttons;
11-27 (2) legal costs incurred in connection with a lawsuit
12-1 involving a legislative candidate or officeholder;
12-2 (3) legal costs incurred in connection with complying
12-3 with this code; or
12-4 (4) accounting costs incurred in connection with
12-5 complying with this code.
12-6 (c) The expenditure limits prescribed by this section for an
12-7 election other than a special election or runoff special election
12-8 apply only during the period:
12-9 (1) beginning on the 90th day before the date of the
12-10 general primary election for the office involved; and
12-11 (2) ending on the 30th day after the date of the
12-12 general election for the office involved.
12-13 (d) For purposes of this section, a political expenditure
12-14 made by a complying candidate from the candidate's personal funds
12-15 or other assets is considered to be a political expenditure by the
12-16 candidate's principal campaign committee.
12-17 (e) A person who violates this section commits an offense.
12-18 An offense under this section is a Class A misdemeanor.
12-19 Sec. 253.216. CONTRIBUTION FROM OR DIRECT CAMPAIGN
12-20 EXPENDITURE BY POLITICAL PARTY. (a) Except as provided by
12-21 Subsections (c) and (d), the principal political committee of the
12-22 state executive committee of a political party may not make
12-23 political contributions to a complying candidate's principal
12-24 campaign committee, direct campaign expenditures for the benefit of
12-25 a complying candidate, or a combination of such contributions and
12-26 expenditures that, in connection with an election, in the aggregate
12-27 exceed:
13-1 (1) $75,000, for the office of state senator; or
13-2 (2) $35,000, for the office of state representative.
13-3 (b) For purposes of Subsection (a), the amount of a direct
13-4 campaign expenditure made for the benefit of more than one
13-5 candidate is divided by the number of candidates for whose benefit
13-6 the expenditure is made.
13-7 (c) Except as provided by Subsection (d), a political
13-8 contribution to a complying candidate's principal campaign
13-9 committee or a direct campaign expenditure for the benefit of a
13-10 complying candidate that is made by the principal political
13-11 committee of the state executive committee that exceeds the
13-12 applicable limit prescribed by Subsection (a) or that is made by a
13-13 county executive committee of a political party is considered to be
13-14 a political expenditure by the candidate's principal campaign
13-15 committee for purposes of the expenditure limits prescribed by
13-16 Section 253.215.
13-17 (d) Subsections (a) and (c) do not apply to a political
13-18 expenditure for:
13-19 (1) a generic get-out-the-vote campaign;
13-20 (2) a written list of two or more candidates that:
13-21 (A) identifies the party's candidates by name
13-22 and office sought, office held, or photograph;
13-23 (B) does not contain:
13-24 (i) information about campaign issues; or
13-25 (ii) negative information about a
13-26 candidate's opponent;
13-27 (C) includes, at the party's option, voting
14-1 instructions or information; and
14-2 (D) is not mailed, broadcast, cablecast,
14-3 published in a newspaper or magazine, or placed on a billboard; or
14-4 (3) political advertising that is in response to
14-5 political advertising that represents a political expenditure to
14-6 which Section 253.210 applies.
14-7 Sec. 253.217. CONTRIBUTION BY NATIONAL COMMITTEE OF
14-8 POLITICAL PARTY CONSIDERED EXPENDITURE BY CANDIDATE'S COMMITTEE.
14-9 For purposes of Section 253.215, a political contribution by the
14-10 national committee of a political party, as defined by 2 U.S.C.
14-11 Section 431, to the principal campaign committee of a complying
14-12 candidate that is made from money that is not accepted in
14-13 compliance with Subchapter I, Chapter 14, Title 2, United States
14-14 Code, is considered to be a political expenditure by the
14-15 candidate's principal campaign committee.
14-16 Sec. 253.218. CERTAIN IN-KIND CONTRIBUTIONS CONSIDERED
14-17 EXPENDITURE BY CANDIDATE'S COMMITTEE. (a) For purposes of Section
14-18 253.215, an in-kind political contribution is considered to be a
14-19 political expenditure by the principal campaign committee of a
14-20 complying candidate if it is made at the request or direction of
14-21 the candidate or an officer or employee of the principal campaign
14-22 committee of the candidate.
14-23 (b) In this section, "in-kind political contribution" means
14-24 a political contribution consisting of goods or services for which
14-25 the principal campaign committee of a complying candidate would
14-26 otherwise have made a political expenditure.
14-27 Sec. 253.219. EFFECT OF CERTAIN DIRECT CAMPAIGN
15-1 EXPENDITURES. (a) If a person makes a direct campaign expenditure
15-2 for the purpose of supporting or opposing a legislative candidate,
15-3 other than an expenditure that is considered under Section 253.208
15-4 to be a political contribution to the principal campaign committee
15-5 of a candidate, the executive director of the commission shall
15-6 issue an order increasing, by an amount equal to the amount of the
15-7 expenditure, the expenditure limits for the principal campaign
15-8 committee of each complying candidate who opposes the candidate
15-9 whom the expenditure benefits. The executive director shall issue
15-10 the order not later than the fifth day after the date the executive
15-11 director determines that an expenditure to which this section
15-12 applies has been made.
15-13 (b) For purposes of this section, a direct campaign
15-14 expenditure that opposes a candidate is considered to benefit each
15-15 candidate for the office other than the opposed candidate.
15-16 Sec. 253.220. LEGISLATIVE FAIR CAMPAIGN SPENDING FUND. (a)
15-17 The legislative fair campaign spending fund is a special account in
15-18 the general revenue fund.
15-19 (b) The legislative fair campaign spending fund consists of:
15-20 (1) damages recovered under Section 253.133 for
15-21 violations of this subchapter;
15-22 (2) civil penalties imposed under Section 571.173,
15-23 Government Code, for violations of this subchapter; and
15-24 (3) any gifts or grants received by the commission
15-25 under Subsection (f).
15-26 (c) The legislative fair campaign spending fund may be used
15-27 only for:
16-1 (1) voter education projects that relate to
16-2 legislative campaigns; and
16-3 (2) payment of costs incurred in imposing civil
16-4 penalties for violations of this subchapter.
16-5 (d) To the extent practicable, the fund shall be permitted
16-6 to accumulate until the balance is sufficient to permit the
16-7 publication of a voter's guide as provided by Section 253.221.
16-8 (e) The commission, the secretary of state, and the
16-9 comptroller may use money in the legislative fair campaign spending
16-10 fund to produce and broadcast or publish public service
16-11 announcements to educate voters about this subchapter.
16-12 (f) The commission may accept gifts and grants for the
16-13 purposes described by Subsections (c)(1), (d), and (e). Funds
16-14 received under this subsection shall be deposited to the credit of
16-15 the legislative fair campaign spending fund.
16-16 (g) The legislative fair campaign spending fund is exempt
16-17 from Section 403.095, Government Code.
16-18 Sec. 253.221. VOTER'S GUIDE. (a) If the necessary funds
16-19 are available under Section 253.220, the commission shall publish a
16-20 voter's guide listing legislative candidates, their backgrounds,
16-21 and similar information.
16-22 (b) The commission shall adopt rules under which a candidate
16-23 must provide information to the commission for inclusion in the
16-24 voter's guide. The rules may not restrict the content of a
16-25 candidate's information by any means other than prescribing a
16-26 maximum length. The voter's guide must indicate whether each
16-27 candidate is a complying candidate or noncomplying candidate, based
17-1 on declarations filed under Section 253.211 or determinations by
17-2 the executive director under Section 253.212. The listing of a
17-3 noncomplying candidate may not include any information other than
17-4 the candidate's name and must include a statement that the
17-5 candidate is not in compliance with the Legislative Fair Campaign
17-6 Spending Act and is not entitled to have complete information about
17-7 the candidate included in the guide.
17-8 (c) Not later than the seventh day before the date early
17-9 voting by mail begins, the commission shall:
17-10 (1) distribute the voter's guide to newspapers in each
17-11 part of the state;
17-12 (2) make the voter's guide available through the
17-13 Internet; and
17-14 (3) make the voter's guide available through the
17-15 comptroller's state government electronic billboard.
17-16 (d) In this section, "Internet" means the largest
17-17 nonproprietary nonprofit cooperative public computer network,
17-18 popularly known as the Internet.
17-19 SECTION 2. Section 251.005, Election Code, is amended by
17-20 amending Subsection (a) and adding Subsection (d) to read as
17-21 follows:
17-22 (a) An out-of-state political committee is not subject to
17-23 Chapter 252 or 254, except as provided by Subsection (b), [or] (c),
17-24 or (d).
17-25 (d) An out-of-state committee that is the national committee
17-26 of a political party, as defined by 2 U.S.C. Section 431, that
17-27 makes political contributions described by Section 253.217 is
18-1 subject to this title to the same extent as a political committee
18-2 that is not an out-of-state committee.
18-3 SECTION 3. Section 253.003(c), Election Code, is amended to
18-4 read as follows:
18-5 (c) This section does not apply to a political contribution
18-6 made or accepted in violation of:
18-7 (1) Section 253.040 or 253.211; or
18-8 (2) Subchapter F.
18-9 SECTION 4. Section 253.004(b), Election Code, is amended to
18-10 read as follows:
18-11 (b) This section does not apply to a political expenditure
18-12 made or authorized in violation of:
18-13 (1) Section 253.210 or 253.211; or
18-14 (2) Subchapter F.
18-15 SECTION 5. Subchapter B, Chapter 253, Election Code, is
18-16 amended by adding Section 253.040 to read as follows:
18-17 Sec. 253.040. CERTAIN CONTRIBUTIONS BY CERTAIN FORMER
18-18 OFFICEHOLDERS PROHIBITED. A former officeholder who is required to
18-19 register as a lobbyist under Chapter 305, Government Code, may not
18-20 use a political contribution accepted while the person was a
18-21 candidate or officeholder to make a political contribution to a
18-22 person other than the political party with which the person was
18-23 affiliated or aligned when the person's name last appeared on the
18-24 ballot.
18-25 SECTION 6. Section 253.042(a), Election Code, is amended to
18-26 read as follows:
18-27 (a) A candidate or officeholder who makes political
19-1 expenditures from the candidate's or officeholder's [his] personal
19-2 funds may not reimburse those [his] personal funds from political
19-3 contributions in amounts that in the aggregate exceed the following
19-4 amounts:
19-5 (1) for each election in which the person's name
19-6 appears on the ballot:
19-7 (A) [(1)] for a statewide office other than
19-8 governor, $250,000; or
19-9 (B) [and (2)] for governor, $500,000; or
19-10 (2) for each election in which the person's name
19-11 appears on the ballot and in which the person has an opponent whose
19-12 name appears on the ballot:
19-13 (A) for state senator, $25,000; or
19-14 (B) for state representative, $15,000.
19-15 SECTION 7. Section 253.134, Election Code, is amended to
19-16 read as follows:
19-17 Sec. 253.134. CIVIL PENALTIES IMPOSED BY COMMISSION. (a)
19-18 This title does not prohibit the imposition of civil penalties by
19-19 the commission in addition to criminal penalties or other sanctions
19-20 imposed by law.
19-21 (b) The commission may contract with a nongovernmental
19-22 entity to collect a civil penalty imposed under Section 571.173,
19-23 Government Code, for a violation of this chapter that is not paid
19-24 before the 120th day after the date it is imposed.
19-25 SECTION 8. Section 254.034, Election Code, is amended by
19-26 adding Subsection (f) to read as follows:
19-27 (f) This section applies to a political contribution covered
20-1 by Subchapter G, Chapter 253, except as provided by Section
20-2 253.209.
20-3 SECTION 9. Subchapter C, Chapter 254, Election Code, is
20-4 amended by adding Section 254.0612 to read as follows:
20-5 Sec. 254.0612. REPORTS BY PRINCIPAL CAMPAIGN COMMITTEE OF
20-6 LEGISLATIVE CANDIDATE; ADDITIONAL CONTENTS. (a) The principal
20-7 campaign committee of a candidate for state senator or state
20-8 representative shall comply with this chapter as if the committee
20-9 were a candidate.
20-10 (b) In addition to the contents required by Sections 254.031
20-11 and 254.061, each report by the principal campaign committee of a
20-12 candidate for state senator or state representative must include:
20-13 (1) for each individual from whom the committee has
20-14 accepted political contributions that in the aggregate exceed $100
20-15 and that are accepted during the reporting period:
20-16 (A) the individual's principal occupation or job
20-17 title;
20-18 (B) the full name of the individual's employer,
20-19 if any; and
20-20 (C) the aggregate total of political
20-21 contributions accepted from the individual since the date of the
20-22 last general election for the office sought by the candidate, other
20-23 than a contribution designated in writing for that general
20-24 election; and
20-25 (2) for each political expenditure made by the
20-26 candidate from the candidate's personal funds or other assets, the
20-27 information required by Section 254.031(a)(3).
21-1 (c) In this section, "principal campaign committee" has the
21-2 meaning assigned by Section 253.202.
21-3 SECTION 10. Subchapter D, Chapter 254, Election Code, is
21-4 amended by adding Section 254.0912 to read as follows:
21-5 Sec. 254.0912. REPORTS BY PRINCIPAL CAMPAIGN COMMITTEE OF
21-6 LEGISLATIVE OFFICEHOLDER; ADDITIONAL CONTENTS. (a) The principal
21-7 campaign committee of a state senator or state representative shall
21-8 comply with this chapter as if the committee were an officeholder.
21-9 (b) In addition to the contents required by Sections 254.031
21-10 and 254.091, each report by the principal campaign committee of a
21-11 state senator or state representative must include the contents
21-12 prescribed by Section 254.0612.
21-13 (c) In this section, "principal campaign committee" has the
21-14 meaning assigned by Section 253.202.
21-15 SECTION 11. Subchapter F, Chapter 254, Election Code, is
21-16 amended by adding Section 254.1511 to read as follows:
21-17 Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
21-18 POLITICAL PARTY; ADDITIONAL CONTENTS. (a) Each report by the
21-19 principal political committee of the state executive committee of a
21-20 political party must list the political contributions and political
21-21 expenditures made in connection with each candidate or officeholder
21-22 on a separate schedule.
21-23 (b) In addition to the contents required by Sections 254.031
21-24 and 254.151, each report by the principal political committee of
21-25 the state executive committee of a political party must include,
21-26 for each candidate for or holder of the office of state senator or
21-27 state representative for whose benefit the committee makes a
22-1 political contribution or political expenditure in the calendar
22-2 year:
22-3 (1) the total amount of political contributions made
22-4 during the calendar year to the principal campaign committee of the
22-5 candidate or officeholder; and
22-6 (2) the total amount of political expenditures made
22-7 during the calendar year for the benefit of the candidate or
22-8 officeholder.
22-9 (c) In this section, "principal campaign committee" has the
22-10 meaning assigned by Section 253.202.
22-11 SECTION 12. Section 254.203(a), Election Code, is amended to
22-12 read as follows:
22-13 (a) A person may not retain political contributions covered
22-14 by this title, assets purchased with the contributions, or interest
22-15 and other income earned on the contributions for more than six
22-16 years after the date the person [either] ceases to be an
22-17 officeholder or the date the person ceases to be a candidate [or
22-18 files a final report under this chapter], whichever is later.
22-19 SECTION 13. Section 254.204(a), Election Code, is amended to
22-20 read as follows:
22-21 (a) At the end of the six-year period prescribed by Section
22-22 254.203, the former officeholder or candidate shall remit any
22-23 unexpended political contributions to one or more of the following:
22-24 (1) the political party with which the person was
22-25 affiliated or aligned when the person's name last appeared on a
22-26 ballot;
22-27 (2) a candidate or political committee;
23-1 (3) the comptroller [of public accounts] for deposit
23-2 in the state treasury [State Treasury];
23-3 (4) one or more persons from whom political
23-4 contributions were received, in accordance with Subsection (d);
23-5 (5) a recognized tax-exempt, charitable organization
23-6 formed for educational, religious, or scientific purposes; [or]
23-7 (6) a public or private postsecondary educational
23-8 institution or an institution of higher education as defined by
23-9 Section 61.003[(8)], Education Code, solely for the purpose of
23-10 assisting or creating a scholarship program; or
23-11 (7) the commission for deposit in the legislative fair
23-12 campaign spending fund under Section 253.220.
23-13 SECTION 14. Chapter 255, Election Code, is amended by adding
23-14 Sections 255.009 and 255.010 to read as follows:
23-15 Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING FOR
23-16 LEGISLATIVE OFFICE. (a) This section applies only to the
23-17 principal campaign committee of a candidate covered by Subchapter
23-18 G, Chapter 253.
23-19 (b) Political advertising by the principal campaign
23-20 committee of a complying candidate may include the following
23-21 statement: "Political advertising paid for by (name of committee)
23-22 in compliance with the voluntary expenditure limits of the
23-23 Legislative Fair Campaign Spending Act."
23-24 (c) Political advertising by the principal campaign
23-25 committee of a complying candidate that does not contain the
23-26 statement prescribed by Subsection (b) must comply with Section
23-27 255.001.
24-1 (d) Political advertising by the principal campaign
24-2 committee of a noncomplying candidate must include the following
24-3 statement: "Political advertising paid for by (name of committee).
24-4 (Name of candidate) has rejected the voluntary expenditure limits
24-5 of the Legislative Fair Campaign Spending Act."
24-6 (e) The commission shall adopt rules providing for:
24-7 (1) the minimum size of the disclosure required by
24-8 this section in political advertising that appears on television or
24-9 in writing; and
24-10 (2) the minimum duration of the disclosure required by
24-11 this section in political advertising that appears on television or
24-12 radio.
24-13 (f) In this section, "complying candidate," "noncomplying
24-14 candidate," and "principal campaign committee" have the meanings
24-15 assigned by Section 253.202.
24-16 (g) A person who violates this section is liable for a civil
24-17 penalty not to exceed three times the cost of the political
24-18 advertising that violates this section.
24-19 (h) A person who violates this section or a rule adopted
24-20 under this section commits an offense. An offense under this
24-21 section is a Class A misdemeanor.
24-22 Sec. 255.010. RESTRICTIONS ON CERTAIN TELEPHONE ADVERTISING
24-23 AND POLLING. (a) Not later than 24 hours after the time a person
24-24 begins to conduct a telephone advertising campaign or poll in
24-25 connection with a campaign for an office covered by Subchapter G,
24-26 Chapter 253, the person shall file with the commission the script
24-27 that will be used in conducting the advertising campaign or poll.
25-1 The commission may not take any action in connection with a script
25-2 filed under this subsection other than making the script available
25-3 to the public on request.
25-4 (b) This section applies only to a telephone advertising
25-5 campaign or poll conducted by a person, including a news
25-6 organization, that is:
25-7 (1) affiliated or aligned with a candidate, political
25-8 committee, political party, or campaign consultant; or
25-9 (2) compensated by a candidate, political committee,
25-10 political party, or campaign consultant for conducting the
25-11 advertising campaign or poll.
25-12 (c) A person who violates this section commits an offense.
25-13 An offense under this section is a Class B misdemeanor.
25-14 SECTION 15. Subchapter H, Chapter 151, Tax Code, is amended
25-15 by adding Section 151.354 to read as follows:
25-16 Sec. 151.354. CERTAIN LEGISLATIVE CANDIDATES AND COMMITTEES.
25-17 (a) A taxable item sold, leased, or rented to, or stored, used, or
25-18 consumed by, a complying candidate for state senator or state
25-19 representative or the principal campaign committee of a complying
25-20 candidate is exempted from the taxes imposed by this chapter if the
25-21 item is for use exclusively in connection with the candidate's
25-22 campaign for state senator or state representative.
25-23 (b) In this section, "complying candidate" and "principal
25-24 campaign committee" have the meanings assigned by Section 253.202,
25-25 Election Code.
25-26 SECTION 16. Section 253.042(g), Election Code, is repealed.
25-27 SECTION 17. The provisions of this Act are not severable,
26-1 and none would have been enacted without the others. If any
26-2 provision of this Act is held invalid, each provision is invalid.
26-3 SECTION 18. (a) Except as provided by Subsection (h) of
26-4 this section, this Act takes effect September 1, 1997.
26-5 (b) Not later than September 15, 1997, each candidate for or
26-6 holder of the office of state senator or state representative shall
26-7 file with the Texas Ethics Commission a designation of the person's
26-8 principal campaign committee as required by Section 253.203,
26-9 Election Code, as added by this Act.
26-10 (c) Subchapter G, Chapter 253, Election Code, as added by
26-11 this Act, applies only to a political contribution accepted or a
26-12 political expenditure made on or after September 1, 1997. A
26-13 political contribution accepted or a political expenditure made
26-14 before that date is governed by the law in effect at the time the
26-15 contribution was accepted or the expenditure was made and is not
26-16 aggregated with political contributions accepted or political
26-17 contributions made on or after that date.
26-18 (d) Section 253.042, Election Code, as amended by this Act,
26-19 applies only to the reimbursement of personal funds for a political
26-20 expenditure made on or after September 1, 1997. A political
26-21 expenditure made before September 1, 1997, may be reimbursed as
26-22 provided by the law in effect at the time the expenditure was made,
26-23 and the former law is continued in effect for that purpose.
26-24 (e) Sections 254.0612, 254.0912, and 254.1511, Election
26-25 Code, as added by this Act, apply to the reporting of a political
26-26 contribution accepted or political expenditure made on or after
26-27 September 1, 1997. The reporting of a political contribution
27-1 accepted or a political expenditure made before that date is
27-2 governed by the law in effect at the time the contribution or
27-3 expenditure was accepted or made, and the former law is continued
27-4 in effect for that purpose.
27-5 (f) Section 253.040, Election Code, as added by this Act,
27-6 applies only to the expenditure or disposition of a political
27-7 contribution accepted on or after September 1, 1997. For purposes
27-8 of this section, political contributions are expended or disposed
27-9 of in the order in which the contributions were accepted.
27-10 (g) Notwithstanding Section 254.203, Election Code, as that
27-11 section existed before amendment by this Act, a former officeholder
27-12 or candidate who ceased to be an officeholder or candidate before
27-13 September 1, 1991, but who has not filed a final report under
27-14 Chapter 254, Election Code, before September 1, 1997, shall, not
27-15 later than January 1, 1998, dispose of unexpended political
27-16 contributions, assets purchased with political contributions, and
27-17 interest or other income earned on political contributions in
27-18 compliance with Section 254.203, Election Code, as amended by this
27-19 Act. A former officeholder or candidate who ceased to be an
27-20 officeholder or candidate on or after September 1, 1991, shall
27-21 dispose of unexpended political contributions, assets purchased
27-22 with political contributions, and interest or other income earned
27-23 on political contributions in compliance with Section 254.203,
27-24 Election Code, as amended by this Act, regardless of whether the
27-25 person has filed a final report under Chapter 254, Election Code.
27-26 (h) Section 151.354, Tax Code, as added by this Act, takes
27-27 effect October 1, 1997, and does not affect taxes imposed before
28-1 that date. The law in effect before October 1, 1997, is continued
28-2 in effect for purposes of the liability for and collection of taxes
28-3 imposed before that date.
28-4 SECTION 19. The importance of this legislation and the
28-5 crowded condition of the calendars in both houses create an
28-6 emergency and an imperative public necessity that the
28-7 constitutional rule requiring bills to be read on three several
28-8 days in each house be suspended, and this rule is hereby suspended.