By Gallego, Madden, Danburg, Averitt, H.B. No. 4
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 civil
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 84.001, Election Code, is amended to read
1-7 as follows:
1-8 Sec. 84.001. APPLICATION REQUIRED. (a) To be entitled to
1-9 vote an early voting ballot by mail, a person who is eligible for
1-10 early voting must make an application for an early voting ballot to
1-11 be voted by mail as provided by this title.
1-12 (b) An application must be in writing and signed by the
1-13 applicant.
1-14 (c) An applicant is not required to use an official
1-15 application form.
1-16 (d) An applicant may not use an application form that is
1-17 part of or is included with a campaign communication or political
1-18 advertising, as defined by Section 251.001, unless the application
1-19 form is printed with the return address of the early voting clerk.
1-20 (e) An applicant for a ballot to be voted by mail may apply
1-21 for ballots for the main election and any resulting runoff election
1-22 on the same application. The timeliness of the application for
1-23 both elections is determined in relation to the main election.
1-24 However, if the application is not timely for the main election,
1-25 the timeliness of the application for the runoff election is
2-1 determined in relation to that election.
2-2 (f) [(e)] A person who has not made an application as
2-3 provided by this title is not entitled to receive an early voting
2-4 ballot to be voted by mail.
2-5 SECTION 2. Section 251.001, Election Code, is amended by
2-6 amending Subdivisions (2), (3), (4), and (14) and adding
2-7 Subdivisions (21) and (22) to read as follows:
2-8 (2) "Contribution" means a direct or indirect transfer
2-9 of money, goods, services, or any other thing of value [and
2-10 includes an agreement made or other obligation incurred, whether
2-11 legally enforceable or not, to make a transfer]. The term includes
2-12 a loan or extension of credit, other than those expressly excluded
2-13 by this subdivision, and a guarantee of a loan or extension of
2-14 credit, including a loan described by this subdivision. The term
2-15 does not include:
2-16 (A) a loan made in the due course of business by
2-17 a corporation that is legally engaged in the business of lending
2-18 money and that has conducted the business continuously for more
2-19 than one year before the loan is made; [or]
2-20 (B) an expenditure required to be reported under
2-21 Section 305.006(b), Government Code; or
2-22 (C) the value of services provided without
2-23 compensation by an individual who volunteers on behalf of a
2-24 candidate, officeholder, or political committee.
2-25 (3) "Campaign contribution" means a contribution to a
2-26 candidate or political committee that is [offered or] given with
2-27 the intent that it be used in connection with a campaign for
3-1 elective office or on a measure. Whether a contribution is made
3-2 before, during, or after an election does not affect its status as
3-3 a campaign contribution.
3-4 (4) "Officeholder contribution" means a contribution
3-5 to an officeholder or political committee that is [offered or]
3-6 given with the intent that it be used to defray expenses that:
3-7 (A) are incurred by the officeholder in
3-8 performing a duty or engaging in an activity in connection with the
3-9 office; and
3-10 (B) are not reimbursable with public money.
3-11 (14) "General-purpose committee" means a political
3-12 committee that has among its principal purposes:
3-13 (A) supporting or opposing:
3-14 (i) two or more candidates who are
3-15 unidentified or are seeking offices that are unknown; or
3-16 (ii) one or more unidentified measures
3-17 [that are unidentified]; or
3-18 (B) assisting two or more officeholders who are
3-19 unidentified.
3-20 (21) "Unidentified measure" means a question or
3-21 proposal that is intended to be submitted in an election for an
3-22 expression of the voters' will and that is not yet legally required
3-23 to be submitted in an election. The term does not include the
3-24 circulation or submission of a petition to determine whether a
3-25 question or proposal is required to be submitted in an election for
3-26 an expression of the voters' will.
3-27 (22) "Principal political committee of a candidate or
4-1 officeholder" means a political committee established under Section
4-2 251.010 for supporting a candidate or assisting an officeholder.
4-3 SECTION 3. Subchapter A, Chapter 251, Election Code, is
4-4 amended by adding Sections 251.010 and 251.011 to read as follows:
4-5 Sec. 251.010. PRINCIPAL POLITICAL COMMITTEE. (a) This
4-6 section applies only to:
4-7 (1) a statewide office;
4-8 (2) the office of state senator;
4-9 (3) the office of state representative;
4-10 (4) the office of member, State Board of Education; or
4-11 (5) the office of chief justice or justice, court of
4-12 appeals.
4-13 (b) A candidate or officeholder shall designate in writing a
4-14 political committee to serve as the person's principal political
4-15 committee.
4-16 (c) A designation under Subsection (b) must be:
4-17 (1) made not later than the 15th day after the date
4-18 the person becomes a candidate or officeholder; and
4-19 (2) filed with the commission.
4-20 (d) Except as provided by Subsection (e), a candidate or
4-21 officeholder may not have more than one principal political
4-22 committee at a time, and a person who is both a candidate and an
4-23 officeholder may not have more than one principal political
4-24 committee. A candidate who becomes an officeholder is not required
4-25 to designate a new principal political committee.
4-26 (e) An officeholder other than a judicial officeholder who
4-27 becomes a candidate for a judicial office may designate a second
5-1 principal political committee in connection with that candidacy. A
5-2 judicial officeholder who becomes a candidate for a nonjudicial
5-3 office may designate a second principal political committee in
5-4 connection with that candidacy.
5-5 (f) A prohibition or restriction imposed by this title on a
5-6 candidate or officeholder applies to the principal political
5-7 committee of a candidate or officeholder.
5-8 (g) This section does not require a candidate for or holder
5-9 of an office other than an office listed in Subsection (a) to
5-10 designate a principal political committee.
5-11 Sec. 251.011. LIABILITY OF CANDIDATE OR OFFICEHOLDER FOR ACT
5-12 OR OMISSION OF PRINCIPAL POLITICAL COMMITTEE. (a) A candidate or
5-13 officeholder is civilly liable for an act or omission by the
5-14 person's principal political committee in connection with a
5-15 requirement or prohibition prescribed by this title only if the
5-16 person authorized, requested, commanded, performed, or recklessly
5-17 or negligently tolerated the act or omission.
5-18 (b) This section does not prohibit the imposition of other
5-19 civil penalties or criminal penalties against a candidate,
5-20 officeholder, political committee, or an agent of a candidate,
5-21 officeholder, or political committee.
5-22 (c) If the commission imposes a civil penalty under Section
5-23 571.173, Government Code, for a violation of this title and the
5-24 penalty is not paid before the 120th day after the date it is
5-25 imposed:
5-26 (1) the commission, subject to approval of the
5-27 attorney general, may contract with a nongovernmental entity to
6-1 collect the penalty;
6-2 (2) the amount of the penalty is trebled, but not to
6-3 exceed the maximum penalty provided by commission rule; and
6-4 (3) the person against whom the penalty is imposed is
6-5 liable for prejudgment and postjudgment interest, private
6-6 attorney's fees, costs incurred by the attorney general, and costs
6-7 of court.
6-8 SECTION 4. Chapter 252, Election Code, is amended by adding
6-9 Section 252.0033 to read as follows:
6-10 Sec. 252.0033. CONTENTS OF APPOINTMENT BY PRINCIPAL
6-11 POLITICAL COMMITTEE. (a) In addition to the information required
6-12 by Section 252.002, a campaign treasurer appointment by a principal
6-13 political committee of a candidate or officeholder must include:
6-14 (1) the candidate's or officeholder's telephone
6-15 number; and
6-16 (2) a statement, signed by the candidate or
6-17 officeholder, that the candidate or officeholder is aware of the
6-18 nepotism law, Chapter 573, Government Code.
6-19 (b) A campaign treasurer appointment that is filed in a
6-20 manner other than by use of an officially prescribed form is not
6-21 invalid because it fails to comply with Subsection (a)(2).
6-22 SECTION 5. Section 253.031, Election Code, is amended to
6-23 read as follows:
6-24 Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN
6-25 TREASURER PROHIBITED. (a) A candidate for an office other than an
6-26 office covered by Section 251.010 may not knowingly accept a
6-27 campaign contribution or make or authorize a campaign expenditure
7-1 at a time when a campaign treasurer appointment for the candidate
7-2 is not in effect.
7-3 (b) A candidate for or holder of an office covered by
7-4 Section 251.010 may not knowingly accept a political contribution
7-5 as authorized by Section 253.0311 or make or authorize a political
7-6 expenditure as authorized by Section 253.0312 at a time when a
7-7 campaign treasurer appointment for the principal political
7-8 committee of the candidate or officeholder is not in effect.
7-9 (c) A political committee may not knowingly accept political
7-10 contributions totaling more than $500 or make or authorize
7-11 political expenditures totaling more than $500 at a time when a
7-12 campaign treasurer appointment for the committee is not in effect.
7-13 (d) [(c)] A political committee may not knowingly make or
7-14 authorize a campaign contribution or campaign expenditure
7-15 supporting or opposing a candidate for an office specified by
7-16 Section 252.005(1) in a primary or general election unless the
7-17 committee's campaign treasurer appointment has been filed not later
7-18 than the 30th day before the appropriate election day.
7-19 (e) [(d)] This section does not apply to a political party's
7-20 county executive committee that accepts political contributions or
7-21 makes political expenditures, except that:
7-22 (1) a county executive committee that accepts
7-23 political contributions or makes political expenditures shall
7-24 maintain the records required by Section 254.001; and
7-25 (2) a county executive committee that accepts
7-26 political contributions or makes political expenditures that, in
7-27 the aggregate, exceed $5,000 in a calendar year shall file:
8-1 (A) a campaign treasurer appointment as required
8-2 by Section 252.001 not later than the 15th day after the date that
8-3 amount is exceeded; and
8-4 (B) the reports required by Subchapter F,
8-5 Chapter 254, including in the political committee's first report
8-6 all political contributions accepted and all political expenditures
8-7 made before the effective date of the campaign treasurer
8-8 appointment.
8-9 (f) [(e)] This section does not apply to an out-of-state
8-10 political committee unless the committee is subject to Chapter 252
8-11 under Section 251.005.
8-12 (g) [(f)] A person who violates this section commits an
8-13 offense. An offense under this section is a Class A misdemeanor.
8-14 SECTION 6. Subchapter B, Chapter 253, Election Code, is
8-15 amended by adding Sections 253.0311 and 253.0312 to read as
8-16 follows:
8-17 Sec. 253.0311. ACCEPTANCE OF POLITICAL CONTRIBUTIONS BY
8-18 CERTAIN CANDIDATES AND OFFICEHOLDERS. (a) Except as provided by
8-19 Subsection (b), a candidate or officeholder who is required to
8-20 designate a principal political committee may not knowingly accept
8-21 a political contribution in connection with the person's own
8-22 candidacy or office.
8-23 (b) A candidate or officeholder who is required to designate
8-24 a principal political committee may accept a political contribution
8-25 on behalf of the person's principal political committee unless the
8-26 committee itself would be prohibited from accepting the
8-27 contribution.
9-1 (c) A person who violates this section is liable for a civil
9-2 penalty not to exceed $4,000.
9-3 Sec. 253.0312. CONTRIBUTIONS OR EXPENDITURES BY CERTAIN
9-4 CANDIDATES AND OFFICEHOLDERS FROM PERSONAL FUNDS. (a) Except as
9-5 provided by Subsection (b) or (c), a candidate or officeholder who
9-6 is required to designate a principal political committee may not
9-7 knowingly make a political contribution or political expenditure
9-8 from the person's personal funds in connection with the person's
9-9 own candidacy or office.
9-10 (b) A candidate or officeholder who is required to designate
9-11 a principal political committee may make a political expenditure
9-12 from the person's personal funds if the person reports the
9-13 expenditure as an expenditure that may, but is not required to, be
9-14 reported as provided by Section 253.035(h) or as a loan as provided
9-15 by Section 253.0351.
9-16 (c) A candidate or officeholder who is required to designate
9-17 a principal political committee may make a political contribution
9-18 from the person's personal funds to the person's principal
9-19 political committee.
9-20 (d) A person who violates this section is liable for a civil
9-21 penalty not to exceed $4,000.
9-22 SECTION 7. Sections 253.034(a)-(c), Election Code, are
9-23 amended to read as follows:
9-24 (a) During the period beginning on the 30th day before the
9-25 date a regular legislative session convenes and continuing through
9-26 the day of final adjournment, a person may not knowingly make a
9-27 political contribution to:
10-1 (1) the principal political committee of a statewide
10-2 officeholder;
10-3 (2) the principal political committee of a member of
10-4 the legislature; or
10-5 (3) a specific-purpose committee for supporting,
10-6 opposing, or assisting a statewide officeholder or member of the
10-7 legislature.
10-8 (b) The principal political committee of a [A] statewide
10-9 officeholder or of[,] a member of the legislature[,] or a
10-10 specific-purpose committee for supporting, opposing, or assisting a
10-11 statewide officeholder or member of the legislature may not
10-12 knowingly accept a political contribution, and shall refuse a
10-13 political contribution that is received, during the period
10-14 prescribed by Subsection (a). A political contribution that is
10-15 received and refused during that period shall be returned to the
10-16 contributor not later than the 30th day after the date of receipt.
10-17 A contribution made by mail is not considered received during that
10-18 period if it was placed with postage prepaid and properly addressed
10-19 in the United States mail before the beginning of the period. The
10-20 date indicated by the post office cancellation mark is considered
10-21 to be the date the contribution was placed in the mail unless
10-22 proven otherwise.
10-23 (c) This section does not apply to a political contribution
10-24 that was made and accepted with the intent that it be used:
10-25 (1) in an election held or ordered during the period
10-26 prescribed by Subsection (a) in which the person on whose behalf
10-27 [accepting] the contribution is accepted is a candidate if the
11-1 contribution was made after the person's principal political
11-2 committee filed [person appointed] a campaign treasurer appointment
11-3 [with the appropriate authority] and before the person was sworn in
11-4 for that office;
11-5 (2) to defray expenses incurred in connection with an
11-6 election contest; or
11-7 (3) by the principal political committee of a person
11-8 who holds a statewide [state] office or of a member of the
11-9 legislature if the person or member was defeated at the general
11-10 election held immediately before the session is convened [or by a
11-11 specific-purpose political committee that supports or assists only
11-12 that person or member].
11-13 SECTION 8. Section 253.035(h), Election Code, is amended to
11-14 read as follows:
11-15 (h) Except as provided by Section 253.0351, [or] 253.042, or
11-16 253.162, a candidate or officeholder who makes political
11-17 expenditures from the candidate's or officeholder's personal funds
11-18 may reimburse those personal funds from political contributions in
11-19 the amount of those expenditures only if:
11-20 (1) the expenditures from personal funds were fully
11-21 reported as political expenditures, including the payees, dates,
11-22 purposes, and amounts of the expenditures, in the report required
11-23 to be filed under this title that covers the period in which the
11-24 expenditures from personal funds were made; and
11-25 (2) the report on which the expenditures from personal
11-26 funds are disclosed clearly designates those expenditures as having
11-27 been made from the person's personal funds and that the
12-1 expenditures are subject to reimbursement.
12-2 SECTION 9. Section 253.037(c), Election Code, is amended to
12-3 read as follows:
12-4 (c) Subsection (a) does not apply to a political party's
12-5 county executive committee that is complying with Section 253.031
12-6 or to a general-purpose committee that accepts contributions from a
12-7 multicandidate political committee, [(]as defined by 2 U.S.C.
12-8 Section 441a and its subsequent amendments, [the Federal Election
12-9 Campaign Act)] that is registered with the Federal Election
12-10 Commission, provided that the general-purpose committee is in
12-11 compliance with Section 253.032.
12-12 SECTION 10. Section 253.038(a), Election Code, is amended to
12-13 read as follows:
12-14 (a) A candidate or officeholder, the principal political
12-15 committee of a candidate or officeholder, or a specific-purpose
12-16 committee for supporting, opposing, or assisting the candidate or
12-17 officeholder may not knowingly make or authorize a payment from a
12-18 political contribution to purchase real property or to pay the
12-19 interest on or principal of a note for the purchase of real
12-20 property.
12-21 SECTION 11. Section 253.041(a), Election Code, is amended to
12-22 read as follows:
12-23 (a) A candidate or officeholder, the principal political
12-24 committee of the candidate or officeholder, or a specific-purpose
12-25 committee for supporting, opposing, or assisting the candidate or
12-26 officeholder may not knowingly make or authorize a payment from a
12-27 political contribution if the payment is made for personal services
13-1 rendered by the candidate or officeholder or by the spouse or
13-2 dependent child of the candidate or officeholder to:
13-3 (1) a business in which the candidate or officeholder
13-4 has a participating interest of more than 10 percent, holds a
13-5 position on the governing body of the business, or serves as an
13-6 officer of the business; or
13-7 (2) the candidate or officeholder or the spouse or
13-8 dependent child of the candidate or officeholder.
13-9 SECTION 12. The heading to Subchapter A, Chapter 254,
13-10 Election Code, is amended to read as follows:
13-11 SUBCHAPTER A. RECORDKEEPING; GENERAL PROVISIONS
13-12 SECTION 13. Subchapter A, Chapter 254, Election Code, is
13-13 amended by adding Section 254.002 to read as follows:
13-14 Sec. 254.002. PRESUMPTION OF BEST EFFORTS. (a) If a
13-15 provision of this chapter requires a person to use the person's
13-16 best efforts to obtain information to be included in a report under
13-17 this chapter concerning a person making a political contribution,
13-18 the person is presumed to have used the person's best efforts if
13-19 the person can show that the person requested the required
13-20 information at the time the contribution was solicited or accepted.
13-21 (b) A person who receives an unsolicited political
13-22 contribution shall, not later than the 30th day after the date the
13-23 contribution is received, request in writing that the person making
13-24 the contribution provide any information required by Section
13-25 254.031 that was not provided with the contribution. A request is
13-26 not necessary if the person making the contribution provides all
13-27 required information with the contribution.
14-1 SECTION 14. Section 254.031, Election Code, is amended to
14-2 read as follows:
14-3 Sec. 254.031. GENERAL CONTENTS OF REPORTS. (a) Except as
14-4 otherwise provided by this chapter, each report filed under this
14-5 chapter must include:
14-6 (1) the amount of political contributions from each
14-7 person that in the aggregate exceed $100 [$50] and that are
14-8 accepted during the reporting period by the person or committee
14-9 required to file a report under this chapter, the full name and
14-10 address of the person making the contributions, [and] the dates of
14-11 the contributions, and:
14-12 (A) if the person making the contribution is an
14-13 individual, the individual's principal occupation or job title and
14-14 the full name of the individual's employer, if any; and
14-15 (B) if the contribution is an in-kind
14-16 contribution, a description of the property or services
14-17 contributed;
14-18 (2) the amount of loans that are made during the
14-19 reporting period for campaign or officeholder purposes to the
14-20 person or committee required to file the report and that in the
14-21 aggregate exceed $100 [$50], the dates the loans are made, the
14-22 interest rate, the maturity date, the type of collateral for the
14-23 loans, if any, the full name and address of the person or financial
14-24 institution making the loans, the full name and address, principal
14-25 occupation, and name of the employer of each guarantor of the
14-26 loans, the amount of the loans guaranteed by each guarantor, and
14-27 the aggregate principal amount of all outstanding loans as of the
15-1 last day of the reporting period;
15-2 (3) the amount of political expenditures that in the
15-3 aggregate exceed $100 [$50] and that are made during the reporting
15-4 period, the full name and address of the persons to whom the
15-5 expenditures are made, [and] the dates and purposes of the
15-6 expenditures and, if the expenditure is in the form of an in-kind
15-7 contribution, a description of the property or services
15-8 contributed;
15-9 (4) the amount of each payment made during the
15-10 reporting period from a political contribution if the payment is
15-11 not a political expenditure, the full name and address of the
15-12 person to whom the payment is made, and the date and purpose of the
15-13 payment;
15-14 (5) the total amount or a specific listing of the
15-15 political contributions of $100 [$50] or less accepted and the
15-16 total amount or a specific listing of the political expenditures of
15-17 $100 [$50] or less made during the reporting period;
15-18 (6) the total amount of all political contributions
15-19 accepted and the total amount of all political expenditures made
15-20 during the reporting period; [and]
15-21 (7) the name of each candidate or officeholder who
15-22 benefits from a direct campaign expenditure made during the
15-23 reporting period by the person or committee required to file the
15-24 report, and the office sought or held, excluding a direct campaign
15-25 expenditure that is made by the principal political committee of a
15-26 political party on behalf of a slate of two or more nominees of
15-27 that party; and
16-1 (8) for each loan that exceeds $100 and is outstanding
16-2 as of the last day of the reporting period, other than a loan
16-3 reported under Subdivision (2):
16-4 (A) the full name and address of the person or
16-5 financial institution making the loan;
16-6 (B) the date the loan was made;
16-7 (C) the original principal amount of the loan;
16-8 and
16-9 (D) the outstanding principal balance of the
16-10 loan.
16-11 (b) A person is considered to be in compliance with
16-12 Subsection (a)(1) if the person or the person's campaign treasurer
16-13 shows that best efforts have been used to obtain and report the
16-14 principal occupation or job title of a person making a political
16-15 contribution.
16-16 (c) A person required to file a report shall report an
16-17 accepted in-kind political contribution as both a political
16-18 contribution accepted and a political expenditure made.
16-19 (d) If no reportable activity occurs during a reporting
16-20 period, the person required to file a report shall indicate that
16-21 fact in the report.
16-22 SECTION 15. Section 254.036, Election Code, is amended by
16-23 amending Subsection (a) and adding Subsection (h) to read as
16-24 follows:
16-25 (a) Each report filed under this chapter must be on a form
16-26 prescribed by the commission and must be written in black ink or
16-27 typed with black typewriter ribbon unless the report is a computer
17-1 printout. If the report is a computer printout, the printout must
17-2 conform to the same format and paper size as the form prescribed by
17-3 the commission. A report filed under this chapter must be:
17-4 (1) hand-delivered to the authority with whom it is
17-5 required to be filed; or
17-6 (2) mailed from and postmarked in:
17-7 (A) if the person filing the report is a
17-8 candidate or officeholder, the principal political committee of a
17-9 candidate or officeholder, or a specific-purpose committee for
17-10 supporting or opposing a candidate or assisting an officeholder,
17-11 the city in which the candidate or officeholder resides, the city
17-12 in which the candidate's, officeholder's, or committee's campaign
17-13 headquarters are located, or the city in which the office the
17-14 candidate or officeholder seeks or holds is located; or
17-15 (B) if the person filing the report is a
17-16 political committee other than a political committee described by
17-17 Paragraph (A), any city.
17-18 (h) A report filed in a manner other than the manner
17-19 prescribed by Subsection (a)(1) or (2) is not considered to have
17-20 been filed in violation of Subsections (a)(1) and (2) if the report
17-21 is received by the authority with whom it is required to be filed
17-22 before the applicable deadline.
17-23 SECTION 16. Section 254.038, Election Code, is amended to
17-24 read as follows:
17-25 Sec. 254.038. ADDITIONAL REPORTS [TELEGRAM REPORT] BY
17-26 CERTAIN [CANDIDATES AND] POLITICAL COMMITTEES. (a) In addition to
17-27 other reports required by this chapter, the following persons shall
18-1 file additional reports during the period beginning the ninth day
18-2 before election day and ending at 12 noon on the second day before
18-3 election day:
18-4 (1) the principal political committee of a candidate
18-5 for statewide office who has an opponent whose name is to appear on
18-6 the ballot and who accepts political contributions from a person
18-7 that in the aggregate exceed $1,000 during that reporting period;
18-8 (2) the principal political committee of a candidate
18-9 for state senator who has an opponent whose name is to appear on
18-10 the ballot and who accepts political contributions from a person
18-11 that in the aggregate exceed $1,000 during that reporting period;
18-12 (3) the principal political committee of [(2)] a
18-13 candidate for state representative who has an opponent whose name
18-14 is to appear on the ballot and who accepts political contributions
18-15 from a person that in the aggregate exceed $200 during that
18-16 reporting period;
18-17 (4) a general-purpose committee that accepts political
18-18 contributions from a person that in the aggregate exceed $5,000
18-19 during the reporting period; and
18-20 (5) a principal political committee of a candidate or
18-21 officeholder or a specific-purpose committee that is required to
18-22 file reports with the commission under this chapter and that
18-23 accepts political contributions from a person that in the aggregate
18-24 exceed $5,000 during that reporting period, other than:
18-25 (A) a political committee listed in Subdivisions
18-26 (1)-(3);
18-27 (B) a principal political committee required to
19-1 file reports with the commission in connection with an office
19-2 described by Section 252.005(5); or
19-3 (C) a specific-purpose committee required to
19-4 file reports with the commission in connection with a measure
19-5 described by Section 252.007(5) [(3) a specific-purpose committee
19-6 for supporting or opposing a candidate for state senator and that
19-7 accepts political contributions from a person that in the aggregate
19-8 exceed $1,000 during that reporting period; and]
19-9 [(4) a specific-purpose committee for supporting or
19-10 opposing a candidate for state representative and that accepts
19-11 political contributions from a person that in the aggregate exceed
19-12 $200 during that reporting period].
19-13 (b) Each report required by this section must include the
19-14 amount of the political contributions specified by Subsection (a),
19-15 the full name and address of the person making the contributions,
19-16 and the dates of the contributions.
19-17 (c) A report under this section shall be filed by telegram
19-18 or telephonic facsimile machine or by hand with the commission not
19-19 later than 48 hours after the contribution is accepted.
19-20 (d) Section 254.036 does not apply to a report required by
19-21 this section.
19-22 SECTION 17. Subchapter B, Chapter 254, Election Code, is
19-23 amended by adding Section 254.0381 to read as follows:
19-24 Sec. 254.0381. ADDITIONAL REPORTS OF CERTAIN DIRECT CAMPAIGN
19-25 EXPENDITURES. (a) In addition to other reports required by this
19-26 chapter, a person other than the principal political committee of
19-27 the state executive committee or a county executive committee of a
20-1 political party that makes direct campaign expenditures that in the
20-2 aggregate exceed $5,000 for the purpose of supporting or opposing
20-3 one or more candidates covered by Section 251.010 during the period
20-4 beginning the ninth day before election day and ending at 12 noon
20-5 on the second day before election day shall file a report.
20-6 (b) Each report required by this section must include the
20-7 amount and purpose of the direct campaign expenditure, the full
20-8 name, address, and principal occupation of the person making the
20-9 expenditure, the full name and address of the person to whom the
20-10 expenditure is made, the name of each candidate whom the
20-11 expenditure supports or opposes and, as to each candidate, an
20-12 indication of whether the expenditure supports or opposes the
20-13 candidate, and the date of the expenditure.
20-14 (c) A report filed under this section shall be filed
20-15 electronically or by telephonic facsimile machine or overnight mail
20-16 not later than 24 hours after the expenditure is made.
20-17 (d) A direct campaign expenditure made by a political
20-18 committee or other association that consists only of costs incurred
20-19 in contacting the committee's or association's dues-paying
20-20 membership may be made without the report required by Subsection
20-21 (a).
20-22 (e) This section does not apply to a political expenditure
20-23 made by a candidate's principal political committee in connection
20-24 with the candidate's campaign.
20-25 (f) Section 254.036 does not apply to a report required by
20-26 this section.
20-27 SECTION 18. Section 254.039, Election Code, is amended by
21-1 amending Subsection (c) and adding Subsection (d) to read as
21-2 follows:
21-3 (c) A general-purpose committee that is required to file a
21-4 report under Section 254.0381 is not required to file a report
21-5 under this section.
21-6 (d) Section 254.036 does not apply to a report required by
21-7 this section.
21-8 SECTION 19. Section 254.0391(a), Election Code, is amended
21-9 to read as follows:
21-10 (a) The principal political committee of a [A] statewide
21-11 officeholder, a member of the legislature, [or a specific-purpose
21-12 committee for supporting, opposing, or assisting a statewide
21-13 officeholder or member of the legislature,] or a candidate for
21-14 statewide office or the legislature or a specific-purpose committee
21-15 for supporting or opposing a candidate for statewide office or the
21-16 legislature or for assisting a statewide officeholder or a member
21-17 of the legislature [the candidate,] that accepts a political
21-18 contribution during the period beginning on the date the governor
21-19 signs the proclamation calling a special legislative session and
21-20 continuing through the date of final adjournment shall report the
21-21 contribution to the commission not later than the 30th day after
21-22 the date of final adjournment.
21-23 SECTION 20. Section 254.042(a), Election Code, is amended to
21-24 read as follows:
21-25 (a) The commission shall determine from any available
21-26 evidence whether a report, other than a [telegram] report under
21-27 Section 254.038 [or 254.039], required to be filed with the
22-1 commission under this chapter is late. On making that
22-2 determination, the commission shall immediately mail a notice of
22-3 the determination to the person required to file the report.
22-4 SECTION 21. Subchapter C, Chapter 254, Election Code, is
22-5 amended to read as follows:
22-6 SUBCHAPTER C. REPORTING BY CANDIDATE OR OFFICEHOLDER
22-7 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. (a) In
22-8 addition to the contents required by Section 254.031, each report
22-9 by a candidate or officeholder must include:
22-10 (1) the candidate's or officeholder's full name and
22-11 address, the office sought or held, and the identity and date of
22-12 the election for which the report is filed, if applicable;
22-13 (2) the campaign treasurer's name, residence or
22-14 business street address, and telephone number;
22-15 (3) for each political committee from which the
22-16 candidate or officeholder received notice under Section 254.128 or
22-17 254.161:
22-18 (A) the committee's full name and address;
22-19 (B) an indication of whether the committee is a
22-20 general-purpose committee or a specific-purpose committee; [and]
22-21 (C) the full name and address of the committee's
22-22 campaign treasurer; and
22-23 (D) if applicable, a notation that the candidate
22-24 or officeholder or an agent of the candidate or officeholder did
22-25 not solicit the political contribution or political expenditure
22-26 from the committee;
22-27 (4) the full name and address of each individual
23-1 acting as a campaign treasurer of a political committee under
23-2 Section 253.062 from whom the candidate or officeholder received
23-3 notice under Section 254.128 or 254.161; [and]
23-4 (5) on a separate page or pages of the report, the
23-5 identification of any payment from political contributions made to
23-6 a business in which the candidate or officeholder has a
23-7 participating interest of more than 10 percent, holds a position on
23-8 the governing body of the business, or serves as an officer of the
23-9 business; and
23-10 (6) the name of any person who made an offer of money
23-11 to the candidate or officeholder during the reporting period with
23-12 the intent that it be used in connection with the candidate's
23-13 campaign or to defray officeholder expenses that are not
23-14 reimbursable with public money if the offer was accepted and:
23-15 (A) the offer is for $1,000 or more;
23-16 (B) the candidate or officeholder has reason to
23-17 believe the offer is for $1,000 or more; or
23-18 (C) the offer is to cover 10 percent or more of
23-19 the total anticipated costs of the candidate's campaign.
23-20 (b) The report filed not later than January 15 of each
23-21 odd-numbered year must also include the name of each person who
23-22 made an offer of money to the candidate or officeholder with the
23-23 intent that it be used in connection with the candidate's campaign
23-24 or to defray officeholder expenses that are not reimbursable with
23-25 public money, if the offer was accepted and the offered money was
23-26 not received by the candidate or officeholder, and the amount of
23-27 the offer. The information required by this subsection is for the
24-1 period beginning January 1 of the preceding odd-numbered year or
24-2 the date the candidate's campaign treasurer appointment is filed,
24-3 as applicable, and continuing through December 31 of the preceding
24-4 even-numbered year.
24-5 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
24-6 JUDICIAL CANDIDATES AND OFFICEHOLDERS. (a) In addition to the
24-7 contents required by Sections 254.031 and 254.061, each report by a
24-8 candidate for or holder of a judicial office covered by Subchapter
24-9 F, Chapter 253, must include:
24-10 (1) the total amount of political contributions,
24-11 including interest or other income, maintained in one or more
24-12 accounts in which political contributions are deposited as of the
24-13 last day of the reporting period;
24-14 (2) for each individual from whom the person filing
24-15 the report has accepted political contributions that in the
24-16 aggregate exceed $50 and that are accepted during the reporting
24-17 period:
24-18 (A) the principal occupation and job title of
24-19 the individual and the full name of the employer of the individual
24-20 or of the law firm of which the individual or the individual's
24-21 spouse is a member, if any; or
24-22 (B) if the individual is a child, the full name
24-23 of the law firm of which either of the individual's parents is a
24-24 member, if any;
24-25 (3) a specific listing of each asset valued at $500 or
24-26 more that was purchased with political contributions and on hand as
24-27 of the last day of the reporting period;
25-1 (4) for each political contribution accepted by the
25-2 person filing the report but not received as of the last day of the
25-3 reporting period:
25-4 (A) the full name and address of the person
25-5 making the contribution;
25-6 (B) the amount of the contribution; and
25-7 (C) the date of the contribution; and
25-8 (5) for each outstanding loan to the person filing the
25-9 report as of the last day of the reporting period:
25-10 (A) the full name and address of the person or
25-11 financial institution making the loan; and
25-12 (B) the full name and address of each guarantor
25-13 of the loan other than the candidate or officeholder.
25-14 (b) In this section:
25-15 (1) "Child" has the meaning assigned by Section
25-16 253.158.
25-17 (2) "Law firm" and "member" have the meanings assigned
25-18 by Section 253.157.
25-19 Sec. 254.062. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
25-20 EXECUTIVE OR LEGISLATIVE CANDIDATE; ADDITIONAL CONTENTS. (a) The
25-21 principal political committee of a candidate for an office covered
25-22 by Section 251.010 shall comply with this chapter as if the
25-23 committee were a candidate or officeholder, and the candidate or
25-24 officeholder is not required to file separate reports.
25-25 (b) In addition to the contents required by Sections 254.031
25-26 and 254.061, each report by the principal political committee of a
25-27 candidate for an office covered by Section 251.010 must include for
26-1 each political expenditure made by the candidate from the
26-2 candidate's personal funds or other assets, the information
26-3 required by Section 254.031(a)(3).
26-4 (c) In this section, "principal political committee of a
26-5 candidate" means a specific-purpose committee established under
26-6 Section 251.010 for supporting a candidate. [CERTAIN OFFICEHOLDER
26-7 ACTIVITY INCLUDED. If an officeholder who becomes a candidate has
26-8 reportable activity that is not reported under Subchapter D before
26-9 the end of the period covered by the first report the candidate is
26-10 required to file under this subchapter, the reportable activity
26-11 shall be included in the first report filed under this subchapter
26-12 instead of in a report filed under Subchapter D.]
26-13 Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR CANDIDATE OR
26-14 OFFICEHOLDER. (a) A candidate or officeholder shall file two
26-15 reports for each year as provided by this section.
26-16 (b) The first report shall be filed not later than July 15.
26-17 The report covers the period beginning January 1, the day the
26-18 person's [candidate's] campaign treasurer appointment is filed, or
26-19 the first day after the period covered by the last report required
26-20 to be filed under this subchapter, as applicable, and continuing
26-21 through June 30.
26-22 (c) The second report shall be filed not later than January
26-23 15. The report covers the period beginning July 1, the day the
26-24 person's [candidate's] campaign treasurer appointment is filed, or
26-25 the first day after the period covered by the last report required
26-26 to be filed under this subchapter, as applicable, and continuing
26-27 through December 31.
27-1 Sec. 254.064. ADDITIONAL REPORTS OF OPPOSED CANDIDATE. (a)
27-2 In addition to other required reports, for each election in which a
27-3 person is a candidate and has an opponent whose name is to appear
27-4 on the ballot, the person shall file two reports.
27-5 (b) The first report shall be filed not later than the 30th
27-6 day before election day. The report covers the period beginning
27-7 the day the candidate's campaign treasurer appointment is filed or
27-8 the first day after the period covered by the last report required
27-9 to be filed under this chapter, as applicable, and continuing
27-10 through the 40th day before election day.
27-11 (c) The second report shall be filed not later than the
27-12 eighth day before election day. The report covers the period
27-13 beginning the 39th day before election day and continuing through
27-14 the 10th day before election day.
27-15 (d) If a person becomes an opposed candidate after a
27-16 reporting period prescribed by Subsection (b) or (c), the person
27-17 shall file the person's first report not later than the regular
27-18 deadline for the report covering the period during which the person
27-19 becomes an opposed candidate. The period covered by the first
27-20 report begins the day the candidate's campaign treasurer
27-21 appointment is filed.
27-22 (e) In addition to other required reports, an opposed
27-23 candidate in a runoff election shall file one report for that
27-24 election. The runoff election report shall be filed not later than
27-25 the eighth day before runoff election day. The report covers the
27-26 period beginning the ninth day before the date of the main election
27-27 and continuing through the 10th day before runoff election day.
28-1 Sec. 254.065. FINAL REPORT. (a) If a candidate or
28-2 officeholder expects no reportable activity in connection with the
28-3 candidacy or office to occur after the period covered by a report
28-4 filed under this subchapter, the person [candidate] may designate
28-5 the report as a "final" report.
28-6 (b) The designation of a report as a final report:
28-7 (1) relieves the person [candidate] of the duty to
28-8 file additional reports under this subchapter, except as provided
28-9 by Subsection (c); and
28-10 (2) terminates the person's [candidate's] campaign
28-11 treasurer appointment.
28-12 (c) If, after a candidate's or officeholder's final report
28-13 is filed, reportable activity with respect to the candidacy or
28-14 office occurs, the person [candidate] shall file the appropriate
28-15 reports under this subchapter and is otherwise subject to the
28-16 provisions of this title applicable to candidates and
28-17 officeholders. A report filed under this subsection may be
28-18 designated as a final report.
28-19 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Reports
28-20 under this subchapter shall be filed with the authority with whom
28-21 the person's [candidate's] campaign treasurer appointment is
28-22 required to be filed.
28-23 SECTION 22. Section 254.121, Election Code, is amended to
28-24 read as follows:
28-25 Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. (a) In
28-26 addition to the contents required by Section 254.031, each report
28-27 by a campaign treasurer of a specific-purpose committee must
29-1 include:
29-2 (1) the committee's full name and address;
29-3 (2) the full name, residence or business street
29-4 address, and telephone number of the committee's campaign
29-5 treasurer;
29-6 (3) the identity and date of the election for which
29-7 the report is filed, if applicable;
29-8 (4) the name of each candidate and each measure
29-9 supported or opposed by the committee, indicating for each whether
29-10 the committee supports or opposes;
29-11 (5) the name of each officeholder assisted by the
29-12 committee;
29-13 (6) the amount of each political expenditure in the
29-14 form of a political contribution that is made to a candidate,
29-15 officeholder, or another political committee and that is returned
29-16 to the committee during the reporting period, the name of the
29-17 person to whom the expenditure was originally made, and the date it
29-18 is returned;
29-19 (7) on a separate page or pages of the report, the
29-20 identification of any payment from political contributions made to
29-21 a business in which the candidate or officeholder has a
29-22 participating interest of more than 10 percent, holds a position on
29-23 the governing body of the business, or serves as an officer of the
29-24 business; [and]
29-25 (8) on a separate page or pages of the report, the
29-26 identification of any contribution from a corporation or labor
29-27 organization made and accepted under Subchapter D, Chapter 253; and
30-1 (9) the name of any person who made an offer of money
30-2 to the committee during the reporting period with the intent that
30-3 it be used in connection with a campaign for elective office or on
30-4 a measure, or to defray officeholder expenses that are not
30-5 reimbursable with public money, if the offer was accepted and:
30-6 (A) the offer is for $1,000 or more;
30-7 (B) the campaign treasurer has reason to believe
30-8 the offer is for $1,000 or more; or
30-9 (C) the offer is to cover 10 percent or more of
30-10 the total anticipated costs of the campaign:
30-11 (i) of a specific candidate supported by
30-12 the committee; or
30-13 (ii) concerning a specific measure
30-14 supported or opposed by the committee.
30-15 (b) The report filed not later than January 15 of each
30-16 odd-numbered year must also include the name of each person who
30-17 made an offer of money to the committee with the intent that it be
30-18 used in connection with a campaign for elective office or on a
30-19 measure, or to defray officeholder expenses that are not
30-20 reimbursable with public money, if the offer was accepted and the
30-21 offered money was not received by the committee, and the amount of
30-22 the offer. The information required by this subsection is for the
30-23 period beginning January 1 of the preceding odd-numbered year or
30-24 the date the committee's campaign treasurer appointment is filed,
30-25 as applicable, and continuing through December 31 of the preceding
30-26 even-numbered year.
30-27 SECTION 23. Section 254.126(a), Election Code, is amended to
31-1 read as follows:
31-2 (a) If a specific-purpose committee for assisting only
31-3 officeholders [an officeholder] expects no reportable activity to
31-4 occur after the period covered by a report filed under this
31-5 subchapter, the committee's campaign treasurer may designate the
31-6 report as a "dissolution" report.
31-7 SECTION 24. Subchapter E, Chapter 254, Election Code, is
31-8 amended by adding Section 254.1281 to read as follows:
31-9 Sec. 254.1281. NOTICE TO CANDIDATE AND OFFICEHOLDER RELATING
31-10 TO IN-KIND CONTRIBUTION. (a) If a specific-purpose committee
31-11 makes an in-kind political contribution to a candidate or
31-12 officeholder, the committee's campaign treasurer shall deliver
31-13 written notice of the amount of the contribution to the affected
31-14 candidate or officeholder not later than the end of the period
31-15 covered by the report in which the reportable activity occurs.
31-16 (b) The notice must include the full name and address of the
31-17 political committee and its campaign treasurer and an indication
31-18 that the committee is a specific-purpose committee.
31-19 SECTION 25. Section 254.151, Election Code, is amended to
31-20 read as follows:
31-21 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
31-22 to the contents required by Section 254.031, each report by a
31-23 campaign treasurer of a general-purpose committee must include:
31-24 (1) the committee's full name and address;
31-25 (2) the full name, residence or business street
31-26 address, and telephone number of the committee's campaign
31-27 treasurer;
32-1 (3) the identity and date of the election for which
32-2 the report is filed, if applicable;
32-3 (4) the name of each identified candidate or measure
32-4 or classification by party of candidates supported or opposed by
32-5 the committee, indicating whether the committee supports or opposes
32-6 each listed candidate, measure, or classification by party of
32-7 candidates;
32-8 (5) the name of each identified officeholder or
32-9 classification by party of officeholders assisted by the committee;
32-10 (6) [the principal occupation of each person from whom
32-11 political contributions that in the aggregate exceed $50 are
32-12 accepted during the reporting period;]
32-13 [(7)] the amount of each political expenditure in the
32-14 form of a political contribution made to [a candidate,
32-15 officeholder, or] another political committee that is returned to
32-16 the committee during the reporting period, the name of the
32-17 committee [person] to whom the expenditure was originally made, and
32-18 the date it is returned;
32-19 (7) the amount of expenditures by a corporation or
32-20 labor organization under Section 253.100 that in the aggregate
32-21 exceed $100 and that are made to the committee during the reporting
32-22 period by the committee, the full name and address of the
32-23 corporation or labor organization making the expenditures, and the
32-24 dates of the expenditures; and
32-25 (8) on a separate page or pages of the report, the
32-26 identification of any contribution from a corporation or labor
32-27 organization made and accepted under Subchapter D, Chapter 253,
33-1 other than a contribution in the form of an expenditure reported
33-2 under Subdivision (7).
33-3 SECTION 26. Subchapter F, Chapter 254, Election Code, is
33-4 amended by adding Section 254.1611 to read as follows:
33-5 Sec. 254.1611. NOTICE TO CANDIDATE AND OFFICEHOLDER RELATING
33-6 TO IN-KIND CONTRIBUTION. If a general-purpose committee makes an
33-7 in-kind political contribution to a candidate or officeholder,
33-8 notice of the amount of the contribution shall be delivered to the
33-9 affected candidate or officeholder as provided by Section 254.1281
33-10 for a specific-purpose committee.
33-11 SECTION 27. Section 254.201, Election Code, is amended to
33-12 read as follows:
33-13 Sec. 254.201. ANNUAL REPORT OF UNEXPENDED CONTRIBUTIONS. A
33-14 [(a) This section applies to:]
33-15 [(1) a] former officeholder or a person who was an
33-16 unsuccessful candidate who has unexpended political contributions
33-17 after filing the last report required to be filed by Subchapter C
33-18 [D; or]
33-19 [(2) a person who was an unsuccessful candidate who
33-20 has unexpended political contributions after filing the last report
33-21 required to be filed by Subchapter C.]
33-22 [(b) A person covered by this section] shall file an annual
33-23 report for each year in which the person retains unexpended
33-24 contributions.
33-25 SECTION 28. Section 254.203(a), Election Code, is amended to
33-26 read as follows:
33-27 (a) A person may not retain political contributions covered
34-1 by this title, assets purchased with the contributions, or interest
34-2 and other income earned on the contributions for more than six
34-3 years after the date the person either ceases to be an officeholder
34-4 or candidate or the person's principal political committee files a
34-5 final report under this chapter, whichever is later.
34-6 SECTION 29. Section 254.204(a), Election Code, is amended to
34-7 read as follows:
34-8 (a) At the end of the six-year period prescribed by Section
34-9 254.203, the former officeholder or candidate shall remit any
34-10 unexpended political contributions to one or more of the following:
34-11 (1) the political party with which the person was
34-12 affiliated or aligned when the person's name last appeared on a
34-13 ballot;
34-14 (2) a candidate or political committee;
34-15 (3) the comptroller [of public accounts] for deposit
34-16 in the state treasury [State Treasury];
34-17 (4) one or more persons from whom political
34-18 contributions were received, in accordance with Subsection (d);
34-19 (5) a recognized tax-exempt, charitable organization
34-20 formed for educational, religious, or scientific purposes; or
34-21 (6) a public or private postsecondary educational
34-22 institution or an institution of higher education as defined by
34-23 Section 61.003(8), Education Code, solely for the purpose of
34-24 assisting or creating a scholarship program.
34-25 SECTION 30. Section 255.001(b), Election Code, is amended to
34-26 read as follows:
34-27 (b) This section does not apply to:
35-1 (1) tickets or invitations to political fund-raising
35-2 events;
35-3 (2) [or to] campaign buttons, pins, hats, or similar
35-4 campaign materials; or
35-5 (3) a political site on the Internet that is
35-6 maintained by a political party, if each page that is part of the
35-7 site contains a statement that:
35-8 (A) indicates that the site is political
35-9 advertising;
35-10 (B) contains the party's name and address; and
35-11 (C) contains the name of a person at the party
35-12 who can be contacted for information.
35-13 SECTION 31. The following provisions of the Election Code
35-14 are repealed:
35-15 (1) Sections 253.036 and 253.100(d); and
35-16 (2) Subchapter D, Chapter 254.
35-17 SECTION 32. This Act takes effect January 1, 2000.
35-18 SECTION 33. (a) Not later than January 15, 2000, each
35-19 person who on January 1, 2000, is a candidate, as that term is
35-20 defined by Section 251.001, Election Code, or an officeholder
35-21 covered by Section 251.010, Election Code, as added by this Act,
35-22 shall designate a principal political committee as required by
35-23 Section 251.010, Election Code, as added by this Act.
35-24 (b) Not later than the 15th day after the date a candidate
35-25 or officeholder designates a principal political committee as
35-26 required by Subsection (a) of this section, the person shall
35-27 transfer to the committee each asset that the person holds in the
36-1 person's capacity as a candidate or officeholder.
36-2 (c) Not later than the 15th day after the date a candidate
36-3 or officeholder designates a principal political committee as
36-4 required by Subsection (a) of this section, the committee shall
36-5 assume each liability of the person in the person's capacity as a
36-6 candidate or officeholder.
36-7 SECTION 34. Chapter 254, Election Code, as amended by this
36-8 Act, applies only to a report under that chapter that covers a
36-9 reporting period beginning on or after January 1, 2000. A report
36-10 under Chapter 254, Election Code, that covers a reporting period
36-11 that begins before January 1, 2000, is covered by the law in
36-12 existence on the date the reporting period began, and the former
36-13 law is continued in effect for that purpose.
36-14 SECTION 35. The importance of this legislation and the
36-15 crowded condition of the calendars in both houses create an
36-16 emergency and an imperative public necessity that the
36-17 constitutional rule requiring bills to be read on three several
36-18 days in each house be suspended, and this rule is hereby suspended.