76R15306 ESH-D
By Gallego H.B. No. 4
Substitute the following for H.B. No. 4:
By Madden C.S.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,
2-1 the timeliness of the application for the runoff election is
2-2 determined in relation to that election.
2-3 (f) [(e)] A person who has not made an application as
2-4 provided by this title is not entitled to receive an early voting
2-5 ballot to be voted by mail.
2-6 SECTION 2. Section 251.001, Election Code, is amended by
2-7 amending Subdivisions (2), (3), (4), and (14) and adding
2-8 Subdivisions (21) and (22) to read as follows:
2-9 (2) "Contribution" means a direct or indirect transfer
2-10 of money, goods, services, or any other thing of value [and
2-11 includes an agreement made or other obligation incurred, whether
2-12 legally enforceable or not, to make a transfer]. The term includes
2-13 a loan or extension of credit, other than those expressly excluded
2-14 by this subdivision, and a guarantee of a loan or extension of
2-15 credit, including a loan described by this subdivision. The term
2-16 does not include:
2-17 (A) a loan made in the due course of business by
2-18 a corporation that is legally engaged in the business of lending
2-19 money and that has conducted the business continuously for more
2-20 than one year before the loan is made; [or]
2-21 (B) an expenditure required to be reported under
2-22 Section 305.006(b), Government Code; or
2-23 (C) the value of services provided without
2-24 compensation by an individual who volunteers on behalf of a
2-25 candidate, officeholder, or political committee.
2-26 (3) "Campaign contribution" means a contribution to a
2-27 candidate or political committee that is [offered or] given with
3-1 the intent that it be used in connection with a campaign for
3-2 elective office or on a measure. Whether a contribution is made
3-3 before, during, or after an election does not affect its status as
3-4 a campaign contribution.
3-5 (4) "Officeholder contribution" means a contribution
3-6 to an officeholder or political committee that is [offered or]
3-7 given with the intent that it be used to defray expenses that:
3-8 (A) are incurred by the officeholder in
3-9 performing a duty or engaging in an activity in connection with the
3-10 office; and
3-11 (B) are not reimbursable with public money.
3-12 (14) "General-purpose committee" means a political
3-13 committee that has among its principal purposes:
3-14 (A) supporting or opposing:
3-15 (i) two or more candidates who are
3-16 unidentified or are seeking offices that are unknown; or
3-17 (ii) one or more unidentified measures
3-18 [that are unidentified]; or
3-19 (B) assisting two or more officeholders who are
3-20 unidentified.
3-21 (21) "Unidentified measure" means a question or
3-22 proposal that is intended to be submitted in an election for an
3-23 expression of the voters' will and that is not yet legally required
3-24 to be submitted in an election. The term does not include the
3-25 circulation or submission of a petition to determine whether a
3-26 question or proposal is required to be submitted in an election for
3-27 an expression of the voters' will.
4-1 (22) "Principal political committee of a candidate or
4-2 officeholder" means a political committee established under Section
4-3 251.010 for supporting a candidate or assisting an officeholder.
4-4 SECTION 3. Subchapter A, Chapter 251, Election Code, is
4-5 amended by adding Sections 251.010 and 251.011 to read as follows:
4-6 Sec. 251.010. PRINCIPAL POLITICAL COMMITTEE. (a) This
4-7 section applies only to:
4-8 (1) a statewide office;
4-9 (2) the office of state senator;
4-10 (3) the office of state representative;
4-11 (4) the office of member, State Board of Education; or
4-12 (5) the office of chief justice or justice, court of
4-13 appeals.
4-14 (b) A candidate or officeholder shall designate in writing a
4-15 political committee to serve as the person's principal political
4-16 committee.
4-17 (c) A designation under Subsection (b) must be:
4-18 (1) made not later than the 15th day after the date
4-19 the person becomes a candidate or officeholder; and
4-20 (2) filed with the commission.
4-21 (d) Except as provided by Subsection (e), a candidate or
4-22 officeholder may not have more than one principal political
4-23 committee at a time, and a person who is both a candidate and an
4-24 officeholder may not have more than one principal political
4-25 committee. A candidate who becomes an officeholder is not required
4-26 to designate a new principal political committee.
4-27 (e) An officeholder other than a judicial officeholder who
5-1 becomes a candidate for a judicial office may designate a second
5-2 principal political committee in connection with that candidacy. A
5-3 judicial officeholder who becomes a candidate for a nonjudicial
5-4 office may designate a second principal political committee in
5-5 connection with that candidacy.
5-6 (f) A prohibition or restriction imposed by this title on a
5-7 candidate or officeholder applies to the principal political
5-8 committee of a candidate or officeholder.
5-9 (g) This section does not require a candidate for or holder
5-10 of an office other than an office listed in Subsection (a) to
5-11 designate a principal political committee.
5-12 Sec. 251.011. LIABILITY OF CANDIDATE OR OFFICEHOLDER FOR ACT
5-13 OR OMISSION OF PRINCIPAL POLITICAL COMMITTEE. (a) A candidate or
5-14 officeholder is civilly liable for an act or omission by the
5-15 person's principal political committee in connection with a
5-16 requirement or prohibition prescribed by this title only if the
5-17 person authorized, requested, commanded, performed, or recklessly
5-18 or negligently tolerated the act or omission.
5-19 (b) This section does not prohibit the imposition of other
5-20 civil penalties or criminal penalties against a candidate,
5-21 officeholder, political committee, or an agent of a candidate,
5-22 officeholder, or political committee.
5-23 (c) If the commission imposes a civil penalty under Section
5-24 571.173, Government Code, for a violation of this title and the
5-25 penalty is not paid before the 120th day after the date it is
5-26 imposed:
5-27 (1) the commission, subject to approval of the
6-1 attorney general, may contract with a nongovernmental entity to
6-2 collect the penalty;
6-3 (2) the amount of the penalty is trebled, but not to
6-4 exceed the maximum penalty provided by commission rule; and
6-5 (3) the person against whom the penalty is imposed is
6-6 liable for prejudgment and postjudgment interest, private
6-7 attorney's fees, costs incurred by the attorney general, and costs
6-8 of court.
6-9 SECTION 4. Chapter 252, Election Code, is amended by adding
6-10 Section 252.0033 to read as follows:
6-11 Sec. 252.0033. CONTENTS OF APPOINTMENT BY PRINCIPAL
6-12 POLITICAL COMMITTEE. (a) In addition to the information required
6-13 by Section 252.002, a campaign treasurer appointment by a principal
6-14 political committee of a candidate or officeholder must include:
6-15 (1) the candidate's or officeholder's telephone
6-16 number; and
6-17 (2) a statement, signed by the candidate or
6-18 officeholder, that the candidate or officeholder is aware of the
6-19 nepotism law, Chapter 573, Government Code.
6-20 (b) A campaign treasurer appointment that is filed in a
6-21 manner other than by use of an officially prescribed form is not
6-22 invalid because it fails to comply with Subsection (a)(2).
6-23 SECTION 5. Section 253.031, Election Code, is amended to
6-24 read as follows:
6-25 Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN
6-26 TREASURER PROHIBITED. (a) A candidate for an office other than an
6-27 office covered by Section 251.010 may not knowingly accept a
7-1 campaign contribution or make or authorize a campaign expenditure
7-2 at a time when a campaign treasurer appointment for the candidate
7-3 is not in effect.
7-4 (b) A candidate for or holder of an office covered by
7-5 Section 251.010 may not knowingly accept a political contribution
7-6 as authorized by Section 253.0311 or make or authorize a political
7-7 expenditure as authorized by Section 253.0312 at a time when a
7-8 campaign treasurer appointment for the principal political
7-9 committee of the candidate or officeholder is not in effect.
7-10 (c) A political committee may not knowingly accept political
7-11 contributions totaling more than $500 or make or authorize
7-12 political expenditures totaling more than $500 at a time when a
7-13 campaign treasurer appointment for the committee is not in effect.
7-14 (d) [(c)] A political committee may not knowingly make or
7-15 authorize a campaign contribution or campaign expenditure
7-16 supporting or opposing a candidate for an office specified by
7-17 Section 252.005(1) in a primary or general election unless the
7-18 committee's campaign treasurer appointment has been filed not later
7-19 than the 30th day before the appropriate election day.
7-20 (e) [(d)] This section does not apply to a political party's
7-21 county executive committee that accepts political contributions or
7-22 makes political expenditures, except that:
7-23 (1) a county executive committee that accepts
7-24 political contributions or makes political expenditures shall
7-25 maintain the records required by Section 254.001; and
7-26 (2) a county executive committee that accepts
7-27 political contributions or makes political expenditures that, in
8-1 the aggregate, exceed $5,000 in a calendar year shall file:
8-2 (A) a campaign treasurer appointment as required
8-3 by Section 252.001 not later than the 15th day after the date that
8-4 amount is exceeded; and
8-5 (B) the reports required by Subchapter F,
8-6 Chapter 254, including in the political committee's first report
8-7 all political contributions accepted and all political expenditures
8-8 made before the effective date of the campaign treasurer
8-9 appointment.
8-10 (f) [(e)] This section does not apply to an out-of-state
8-11 political committee unless the committee is subject to Chapter 252
8-12 under Section 251.005.
8-13 (g) [(f)] A person who violates this section commits an
8-14 offense. An offense under this section is a Class A misdemeanor.
8-15 SECTION 6. Subchapter B, Chapter 253, Election Code, is
8-16 amended by adding Sections 253.0311 and 253.0312 to read as
8-17 follows:
8-18 Sec. 253.0311. ACCEPTANCE OF POLITICAL CONTRIBUTIONS BY
8-19 CERTAIN CANDIDATES AND OFFICEHOLDERS. (a) Except as provided by
8-20 Subsection (b), a candidate or officeholder who is required to
8-21 designate a principal political committee may not knowingly accept
8-22 a political contribution in connection with the person's own
8-23 candidacy or office.
8-24 (b) A candidate or officeholder who is required to designate
8-25 a principal political committee may accept a political contribution
8-26 on behalf of the person's principal political committee unless the
8-27 committee itself would be prohibited from accepting the
9-1 contribution.
9-2 (c) A person who violates this section is liable for a civil
9-3 penalty not to exceed $4,000.
9-4 Sec. 253.0312. CONTRIBUTIONS OR EXPENDITURES BY CERTAIN
9-5 CANDIDATES AND OFFICEHOLDERS FROM PERSONAL FUNDS. (a) Except as
9-6 provided by Subsection (b) or (c), a candidate or officeholder who
9-7 is required to designate a principal political committee may not
9-8 knowingly make a political contribution or political expenditure
9-9 from the person's personal funds in connection with the person's
9-10 own candidacy or office.
9-11 (b) A candidate or officeholder who is required to designate
9-12 a principal political committee may make a political expenditure
9-13 from the person's personal funds if the person reports the
9-14 expenditure as an expenditure that may, but is not required to, be
9-15 reported as provided by Section 253.035(h) or as a loan as provided
9-16 by Section 253.0351.
9-17 (c) A candidate or officeholder who is required to designate
9-18 a principal political committee may make a political contribution
9-19 from the person's personal funds to the person's principal
9-20 political committee.
9-21 (d) A person who violates this section is liable for a civil
9-22 penalty not to exceed $4,000.
9-23 SECTION 7. Sections 253.034(a)-(c), Election Code, are
9-24 amended to read as follows:
9-25 (a) During the period beginning on the 30th day before the
9-26 date a regular legislative session convenes and continuing through
9-27 the day of final adjournment, a person may not knowingly make a
10-1 political contribution to:
10-2 (1) the principal political committee of a statewide
10-3 officeholder;
10-4 (2) the principal political committee of a member of
10-5 the legislature; or
10-6 (3) a specific-purpose committee for supporting,
10-7 opposing, or assisting a statewide officeholder or member of the
10-8 legislature.
10-9 (b) The principal political committee of a [A] statewide
10-10 officeholder or of[,] a member of the legislature[,] or a
10-11 specific-purpose committee for supporting, opposing, or assisting a
10-12 statewide officeholder or member of the legislature may not
10-13 knowingly accept a political contribution, and shall refuse a
10-14 political contribution that is received, during the period
10-15 prescribed by Subsection (a). A political contribution that is
10-16 received and refused during that period shall be returned to the
10-17 contributor not later than the 30th day after the date of receipt.
10-18 A contribution made by mail is not considered received during that
10-19 period if it was placed with postage prepaid and properly addressed
10-20 in the United States mail before the beginning of the period. The
10-21 date indicated by the post office cancellation mark is considered
10-22 to be the date the contribution was placed in the mail unless
10-23 proven otherwise.
10-24 (c) This section does not apply to a political contribution
10-25 that was made and accepted with the intent that it be used:
10-26 (1) in an election held or ordered during the period
10-27 prescribed by Subsection (a) in which the person on whose behalf
11-1 [accepting] the contribution is accepted is a candidate if the
11-2 contribution was made after the person's principal political
11-3 committee filed [person appointed] a campaign treasurer appointment
11-4 [with the appropriate authority] and before the person was sworn in
11-5 for that office;
11-6 (2) to defray expenses incurred in connection with an
11-7 election contest; or
11-8 (3) by the principal political committee of a person
11-9 who holds a statewide [state] office or of a member of the
11-10 legislature if the person or member was defeated at the general
11-11 election held immediately before the session is convened [or by a
11-12 specific-purpose political committee that supports or assists only
11-13 that person or member].
11-14 SECTION 8. Section 253.035(h), Election Code, is amended to
11-15 read as follows:
11-16 (h) Except as provided by Section 253.0351, [or] 253.042, or
11-17 253.162, a candidate or officeholder who makes political
11-18 expenditures from the candidate's or officeholder's personal funds
11-19 may reimburse those personal funds from political contributions in
11-20 the amount of those expenditures only if:
11-21 (1) the expenditures from personal funds were fully
11-22 reported as political expenditures, including the payees, dates,
11-23 purposes, and amounts of the expenditures, in the report required
11-24 to be filed under this title that covers the period in which the
11-25 expenditures from personal funds were made; and
11-26 (2) the report on which the expenditures from personal
11-27 funds are disclosed clearly designates those expenditures as having
12-1 been made from the person's personal funds and that the
12-2 expenditures are subject to reimbursement.
12-3 SECTION 9. Section 253.037(c), Election Code, is amended to
12-4 read as follows:
12-5 (c) Subsection (a) does not apply to a political party's
12-6 county executive committee that is complying with Section 253.031
12-7 or to a general-purpose committee that accepts contributions from a
12-8 multicandidate political committee, [(]as defined by 2 U.S.C.
12-9 Section 441a and its subsequent amendments, [the Federal Election
12-10 Campaign Act)] that is registered with the Federal Election
12-11 Commission, provided that the general-purpose committee is in
12-12 compliance with Section 253.032.
12-13 SECTION 10. Section 253.038(a), Election Code, is amended to
12-14 read as follows:
12-15 (a) A candidate or officeholder, the principal political
12-16 committee of a candidate or officeholder, or a specific-purpose
12-17 committee for supporting, opposing, or assisting the candidate or
12-18 officeholder may not knowingly make or authorize a payment from a
12-19 political contribution to purchase real property or to pay the
12-20 interest on or principal of a note for the purchase of real
12-21 property.
12-22 SECTION 11. Section 253.041(a), Election Code, is amended to
12-23 read as follows:
12-24 (a) A candidate or officeholder, the principal political
12-25 committee of the candidate or officeholder, or a specific-purpose
12-26 committee for supporting, opposing, or assisting the candidate or
12-27 officeholder may not knowingly make or authorize a payment from a
13-1 political contribution if the payment is made for personal services
13-2 rendered by the candidate or officeholder or by the spouse or
13-3 dependent child of the candidate or officeholder to:
13-4 (1) a business in which the candidate or officeholder
13-5 has a participating interest of more than 10 percent, holds a
13-6 position on the governing body of the business, or serves as an
13-7 officer of the business; or
13-8 (2) the candidate or officeholder or the spouse or
13-9 dependent child of the candidate or officeholder.
13-10 SECTION 12. The heading to Subchapter A, Chapter 254,
13-11 Election Code, is amended to read as follows:
13-12 SUBCHAPTER A. RECORDKEEPING; GENERAL PROVISIONS
13-13 SECTION 13. Subchapter A, Chapter 254, Election Code, is
13-14 amended by adding Section 254.002 to read as follows:
13-15 Sec. 254.002. PRESUMPTION OF BEST EFFORTS. (a) If a
13-16 provision of this chapter requires a person to use the person's
13-17 best efforts to obtain information to be included in a report under
13-18 this chapter concerning a person making a political contribution,
13-19 the person is presumed to have used the person's best efforts if
13-20 the person can show that the person requested the required
13-21 information at the time the contribution was solicited or accepted.
13-22 (b) A person who receives an unsolicited political
13-23 contribution shall, not later than the 30th day after the date the
13-24 contribution is received, request in writing that the person making
13-25 the contribution provide any information required by Section
13-26 254.031 that was not provided with the contribution. A request is
13-27 not necessary if the person making the contribution provides all
14-1 required information with the contribution.
14-2 SECTION 14. Section 254.031, Election Code, is amended to
14-3 read as follows:
14-4 Sec. 254.031. GENERAL CONTENTS OF REPORTS. (a) Except as
14-5 otherwise provided by this chapter, each report filed under this
14-6 chapter must include:
14-7 (1) the amount of political contributions from each
14-8 person that in the aggregate exceed $100 [$50] and that are
14-9 accepted during the reporting period by the person or committee
14-10 required to file a report under this chapter, the full name and
14-11 address of the person making the contributions, [and] the dates of
14-12 the contributions, and:
14-13 (A) if the person making the contribution is an
14-14 individual, the individual's principal occupation or job title and
14-15 the full name of the individual's employer, if any; and
14-16 (B) if the contribution is an in-kind
14-17 contribution, a description of the property or services
14-18 contributed;
14-19 (2) the amount of loans that are made during the
14-20 reporting period for campaign or officeholder purposes to the
14-21 person or committee required to file the report and that in the
14-22 aggregate exceed $100 [$50], the dates the loans are made, the
14-23 interest rate, the maturity date, the type of collateral for the
14-24 loans, if any, the full name and address of the person or financial
14-25 institution making the loans, the full name and address, principal
14-26 occupation, and name of the employer of each guarantor of the
14-27 loans, the amount of the loans guaranteed by each guarantor, and
15-1 the aggregate principal amount of all outstanding loans as of the
15-2 last day of the reporting period;
15-3 (3) the amount of political expenditures that in the
15-4 aggregate exceed $100 [$50] and that are made during the reporting
15-5 period, the full name and address of the persons to whom the
15-6 expenditures are made, [and] the dates and purposes of the
15-7 expenditures and, if the expenditure is in the form of an in-kind
15-8 contribution, a description of the property or services
15-9 contributed;
15-10 (4) the amount of each payment made during the
15-11 reporting period from a political contribution if the payment is
15-12 not a political expenditure, the full name and address of the
15-13 person to whom the payment is made, and the date and purpose of the
15-14 payment;
15-15 (5) the total amount or a specific listing of the
15-16 political contributions of $100 [$50] or less accepted and the
15-17 total amount or a specific listing of the political expenditures of
15-18 $100 [$50] or less made during the reporting period;
15-19 (6) the total amount of all political contributions
15-20 accepted and the total amount of all political expenditures made
15-21 during the reporting period; [and]
15-22 (7) the name of each candidate or officeholder who
15-23 benefits from a direct campaign expenditure made during the
15-24 reporting period by the person or committee required to file the
15-25 report, and the office sought or held, excluding a direct campaign
15-26 expenditure that is made by the principal political committee of a
15-27 political party on behalf of a slate of two or more nominees of
16-1 that party; and
16-2 (8) for each loan that exceeds $100 and is outstanding
16-3 as of the last day of the reporting period, other than a loan
16-4 reported under Subdivision (2):
16-5 (A) the full name and address of the person or
16-6 financial institution making the loan;
16-7 (B) the date the loan was made;
16-8 (C) the original principal amount of the loan;
16-9 and
16-10 (D) the outstanding principal balance of the
16-11 loan.
16-12 (b) A person is considered to be in compliance with
16-13 Subsection (a)(1) if the person or the person's campaign treasurer
16-14 shows that best efforts have been used to obtain and report the
16-15 principal occupation or job title of a person making a political
16-16 contribution.
16-17 (c) A person required to file a report shall report an
16-18 accepted in-kind political contribution as both a political
16-19 contribution accepted and a political expenditure made.
16-20 (d) If no reportable activity occurs during a reporting
16-21 period, the person required to file a report shall indicate that
16-22 fact in the report.
16-23 SECTION 15. Section 254.036, Election Code, is amended by
16-24 amending Subsection (a) and adding Subsection (h) to read as
16-25 follows:
16-26 (a) Each report filed under this chapter must be on a form
16-27 prescribed by the commission and must be written in black ink or
17-1 typed with black typewriter ribbon unless the report is a computer
17-2 printout. If the report is a computer printout, the printout must
17-3 conform to the same format and paper size as the form prescribed by
17-4 the commission. A report filed under this chapter must be:
17-5 (1) hand-delivered to the authority with whom it is
17-6 required to be filed; or
17-7 (2) mailed from and postmarked in:
17-8 (A) if the person filing the report is a
17-9 candidate or officeholder, the principal political committee of a
17-10 candidate or officeholder, or a specific-purpose committee for
17-11 supporting or opposing a candidate or assisting an officeholder,
17-12 the city in which the candidate or officeholder resides, the city
17-13 in which the candidate's, officeholder's, or committee's campaign
17-14 headquarters are located, or the city in which the office the
17-15 candidate or officeholder seeks or holds is located; or
17-16 (B) if the person filing the report is a
17-17 political committee other than a political committee described by
17-18 Paragraph (A), any city.
17-19 (h) A report filed in a manner other than the manner
17-20 prescribed by Subsection (a)(1) or (2) is not considered to have
17-21 been filed in violation of Subsections (a)(1) and (2) if the report
17-22 is received by the authority with whom it is required to be filed
17-23 before the applicable deadline.
17-24 SECTION 16. Section 254.038, Election Code, is amended to
17-25 read as follows:
17-26 Sec. 254.038. ADDITIONAL REPORTS [TELEGRAM REPORT] BY
17-27 CERTAIN [CANDIDATES AND] POLITICAL COMMITTEES. (a) In addition to
18-1 other reports required by this chapter, the following persons shall
18-2 file additional reports during the period beginning the ninth day
18-3 before election day and ending at 12 noon on the second day before
18-4 election day:
18-5 (1) the principal political committee of a candidate
18-6 for statewide office who has an opponent whose name is to appear on
18-7 the ballot and who accepts political contributions from a person
18-8 that in the aggregate exceed $1,000 during that reporting period;
18-9 (2) the principal political committee of a candidate
18-10 for state senator who has an opponent whose name is to appear on
18-11 the ballot and who accepts political contributions from a person
18-12 that in the aggregate exceed $1,000 during that reporting period;
18-13 (3) the principal political committee of [(2)] a
18-14 candidate for state representative who has an opponent whose name
18-15 is to appear on the ballot and who accepts political contributions
18-16 from a person that in the aggregate exceed $200 during that
18-17 reporting period;
18-18 (4) a general-purpose committee that:
18-19 (A) accepts political contributions from a
18-20 person that in the aggregate exceed $5,000 during that reporting
18-21 period; or
18-22 (B) makes direct campaign expenditures
18-23 supporting or opposing either a single candidate that in the
18-24 aggregate exceed $5,000 or a group of candidates that in the
18-25 aggregate exceed $15,000 during that reporting period; and
18-26 (5) a principal political committee of a candidate or
18-27 officeholder or a specific-purpose committee that is required to
19-1 file reports with the commission under this chapter and that
19-2 accepts political contributions from a person that in the aggregate
19-3 exceed $5,000 during that reporting period, other than:
19-4 (A) a political committee listed in Subdivisions
19-5 (1)-(3);
19-6 (B) a principal political committee required to
19-7 file reports with the commission in connection with an office
19-8 described by Section 252.005(5); or
19-9 (C) a specific-purpose committee required to
19-10 file reports with the commission in connection with a measure
19-11 described by Section 252.007(5) [(3) a specific-purpose committee
19-12 for supporting or opposing a candidate for state senator and that
19-13 accepts political contributions from a person that in the aggregate
19-14 exceed $1,000 during that reporting period; and]
19-15 [(4) a specific-purpose committee for supporting or
19-16 opposing a candidate for state representative and that accepts
19-17 political contributions from a person that in the aggregate exceed
19-18 $200 during that reporting period].
19-19 (b) Each report required by this section must include the
19-20 amount of the political contributions specified by Subsection (a),
19-21 the full name and address of the person making the contributions,
19-22 and the dates of the contributions.
19-23 (c) A report under this section shall be filed by telegram
19-24 or telephonic facsimile machine or by hand with the commission not
19-25 later than 48 hours after the contribution is accepted.
19-26 (d) Section 254.036 does not apply to a report required by
19-27 this section.
20-1 SECTION 17. Subchapter B, Chapter 254, Election Code, is
20-2 amended by adding Section 254.0381 to read as follows:
20-3 Sec. 254.0381. ADDITIONAL REPORTS OF CERTAIN DIRECT CAMPAIGN
20-4 EXPENDITURES. (a) In addition to other reports required by this
20-5 chapter, a person other than the principal political committee of
20-6 the state executive committee or a county executive committee of a
20-7 political party that makes direct campaign expenditures that in the
20-8 aggregate exceed $5,000 for the purpose of supporting or opposing
20-9 one or more candidates covered by Section 251.010 during the period
20-10 beginning the ninth day before election day and ending at 12 noon
20-11 on the second day before election day shall file a report.
20-12 (b) Each report required by this section must include the
20-13 amount and purpose of the direct campaign expenditure, the full
20-14 name, address, and principal occupation of the person making the
20-15 expenditure, the full name and address of the person to whom the
20-16 expenditure is made, the name of each candidate whom the
20-17 expenditure supports or opposes and, as to each candidate, an
20-18 indication of whether the expenditure supports or opposes the
20-19 candidate, and the date of the expenditure.
20-20 (c) A report filed under this section shall be filed
20-21 electronically or by telephonic facsimile machine or overnight mail
20-22 not later than 24 hours after the expenditure is made.
20-23 (d) A direct campaign expenditure made by a political
20-24 committee or other association that consists only of costs incurred
20-25 in contacting the committee's or association's dues-paying
20-26 membership may be made without the report required by Subsection
20-27 (a).
21-1 (e) This section does not apply to a political expenditure
21-2 made by a candidate's principal political committee in connection
21-3 with the candidate's campaign.
21-4 (f) Section 254.036 does not apply to a report required by
21-5 this section.
21-6 SECTION 18. Section 254.0391(a), Election Code, is amended
21-7 to read as follows:
21-8 (a) The principal political committee of a [A] statewide
21-9 officeholder, a member of the legislature, [or a specific-purpose
21-10 committee for supporting, opposing, or assisting a statewide
21-11 officeholder or member of the legislature,] or a candidate for
21-12 statewide office or the legislature or a specific-purpose committee
21-13 for supporting or opposing a candidate for statewide office or the
21-14 legislature or for assisting a statewide officeholder or a member
21-15 of the legislature [the candidate,] that accepts a political
21-16 contribution during the period beginning on the date the governor
21-17 signs the proclamation calling a special legislative session and
21-18 continuing through the date of final adjournment shall report the
21-19 contribution to the commission not later than the 30th day after
21-20 the date of final adjournment.
21-21 SECTION 19. Section 254.042(a), Election Code, is amended to
21-22 read as follows:
21-23 (a) The commission shall determine from any available
21-24 evidence whether a report, other than a [telegram] report under
21-25 Section 254.038 [or 254.039], required to be filed with the
21-26 commission under this chapter is late. On making that
21-27 determination, the commission shall immediately mail a notice of
22-1 the determination to the person required to file the report.
22-2 SECTION 20. Subchapter C, Chapter 254, Election Code, is
22-3 amended to read as follows:
22-4 SUBCHAPTER C. REPORTING BY CANDIDATE OR OFFICEHOLDER
22-5 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. (a) In
22-6 addition to the contents required by Section 254.031, each report
22-7 by a candidate or officeholder must include:
22-8 (1) the candidate's or officeholder's full name and
22-9 address, the office sought or held, and the identity and date of
22-10 the election for which the report is filed, if applicable;
22-11 (2) the campaign treasurer's name, residence or
22-12 business street address, and telephone number;
22-13 (3) for each political committee from which the
22-14 candidate or officeholder received notice under Section 254.128 or
22-15 254.161:
22-16 (A) the committee's full name and address;
22-17 (B) an indication of whether the committee is a
22-18 general-purpose committee or a specific-purpose committee; [and]
22-19 (C) the full name and address of the committee's
22-20 campaign treasurer; and
22-21 (D) if applicable, a notation that the candidate
22-22 or officeholder or an agent of the candidate or officeholder did
22-23 not solicit the political contribution or political expenditure
22-24 from the committee;
22-25 (4) the full name and address of each individual
22-26 acting as a campaign treasurer of a political committee under
22-27 Section 253.062 from whom the candidate or officeholder received
23-1 notice under Section 254.128 or 254.161; [and]
23-2 (5) on a separate page or pages of the report, the
23-3 identification of any payment from political contributions made to
23-4 a business in which the candidate or officeholder has a
23-5 participating interest of more than 10 percent, holds a position on
23-6 the governing body of the business, or serves as an officer of the
23-7 business; and
23-8 (6) the name of any person who made an offer of money
23-9 to the candidate or officeholder during the reporting period with
23-10 the intent that it be used in connection with the candidate's
23-11 campaign or to defray officeholder expenses that are not
23-12 reimbursable with public money if the offer was accepted and:
23-13 (A) the offer is for $1,000 or more;
23-14 (B) the candidate or officeholder has reason to
23-15 believe the offer is for $1,000 or more; or
23-16 (C) the offer is to cover 10 percent or more of
23-17 the total anticipated costs of the candidate's campaign.
23-18 (b) The report filed not later than January 15 of each
23-19 odd-numbered year must also include the name of each person who
23-20 made an offer of money to the candidate or officeholder with the
23-21 intent that it be used in connection with the candidate's campaign
23-22 or to defray officeholder expenses that are not reimbursable with
23-23 public money, if the offer was accepted and the offered money was
23-24 not received by the candidate or officeholder, and the amount of
23-25 the offer. The information required by this subsection is for the
23-26 period beginning January 1 of the preceding odd-numbered year or
23-27 the date the candidate's campaign treasurer appointment is filed,
24-1 as applicable, and continuing through December 31 of the preceding
24-2 even-numbered year.
24-3 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
24-4 JUDICIAL CANDIDATES AND OFFICEHOLDERS. (a) In addition to the
24-5 contents required by Sections 254.031 and 254.061, each report by a
24-6 candidate for or holder of a judicial office covered by Subchapter
24-7 F, Chapter 253, must include:
24-8 (1) the total amount of political contributions,
24-9 including interest or other income, maintained in one or more
24-10 accounts in which political contributions are deposited as of the
24-11 last day of the reporting period;
24-12 (2) for each individual from whom the person filing
24-13 the report has accepted political contributions that in the
24-14 aggregate exceed $50 and that are accepted during the reporting
24-15 period:
24-16 (A) the principal occupation and job title of
24-17 the individual and the full name of the employer of the individual
24-18 or of the law firm of which the individual or the individual's
24-19 spouse is a member, if any; or
24-20 (B) if the individual is a child, the full name
24-21 of the law firm of which either of the individual's parents is a
24-22 member, if any;
24-23 (3) a specific listing of each asset valued at $500 or
24-24 more that was purchased with political contributions and on hand as
24-25 of the last day of the reporting period;
24-26 (4) for each political contribution accepted by the
24-27 person filing the report but not received as of the last day of the
25-1 reporting period:
25-2 (A) the full name and address of the person
25-3 making the contribution;
25-4 (B) the amount of the contribution; and
25-5 (C) the date of the contribution; and
25-6 (5) for each outstanding loan to the person filing the
25-7 report as of the last day of the reporting period:
25-8 (A) the full name and address of the person or
25-9 financial institution making the loan; and
25-10 (B) the full name and address of each guarantor
25-11 of the loan other than the candidate or officeholder.
25-12 (b) In this section:
25-13 (1) "Child" has the meaning assigned by Section
25-14 253.158.
25-15 (2) "Law firm" and "member" have the meanings assigned
25-16 by Section 253.157.
25-17 Sec. 254.062. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
25-18 EXECUTIVE OR LEGISLATIVE CANDIDATE; ADDITIONAL CONTENTS. (a) The
25-19 principal political committee of a candidate for an office covered
25-20 by Section 251.010 shall comply with this chapter as if the
25-21 committee were a candidate or officeholder, and the candidate or
25-22 officeholder is not required to file separate reports.
25-23 (b) In addition to the contents required by Sections 254.031
25-24 and 254.061, each report by the principal political committee of a
25-25 candidate for an office covered by Section 251.010 must include for
25-26 each political expenditure made by the candidate from the
25-27 candidate's personal funds or other assets, the information
26-1 required by Section 254.031(a)(3).
26-2 (c) In this section, "principal political committee of a
26-3 candidate" means a specific-purpose committee established under
26-4 Section 251.010 for supporting a candidate. [CERTAIN OFFICEHOLDER
26-5 ACTIVITY INCLUDED. If an officeholder who becomes a candidate has
26-6 reportable activity that is not reported under Subchapter D before
26-7 the end of the period covered by the first report the candidate is
26-8 required to file under this subchapter, the reportable activity
26-9 shall be included in the first report filed under this subchapter
26-10 instead of in a report filed under Subchapter D.]
26-11 Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR CANDIDATE OR
26-12 OFFICEHOLDER. (a) A candidate or officeholder shall file two
26-13 reports for each year as provided by this section.
26-14 (b) The first report shall be filed not later than July 15.
26-15 The report covers the period beginning January 1, the day the
26-16 person's [candidate's] campaign treasurer appointment is filed, or
26-17 the first day after the period covered by the last report required
26-18 to be filed under this subchapter, as applicable, and continuing
26-19 through June 30.
26-20 (c) The second report shall be filed not later than January
26-21 15. The report covers the period beginning July 1, the day the
26-22 person's [candidate's] campaign treasurer appointment is filed, or
26-23 the first day after the period covered by the last report required
26-24 to be filed under this subchapter, as applicable, and continuing
26-25 through December 31.
26-26 Sec. 254.064. ADDITIONAL REPORTS OF OPPOSED CANDIDATE. (a)
26-27 In addition to other required reports, for each election in which a
27-1 person is a candidate and has an opponent whose name is to appear
27-2 on the ballot, the person shall file two reports.
27-3 (b) The first report shall be filed not later than the 30th
27-4 day before election day. The report covers the period beginning
27-5 the day the candidate's campaign treasurer appointment is filed or
27-6 the first day after the period covered by the last report required
27-7 to be filed under this chapter, as applicable, and continuing
27-8 through the 40th day before election day.
27-9 (c) The second report shall be filed not later than the
27-10 eighth day before election day. The report covers the period
27-11 beginning the 39th day before election day and continuing through
27-12 the 10th day before election day.
27-13 (d) If a person becomes an opposed candidate after a
27-14 reporting period prescribed by Subsection (b) or (c), the person
27-15 shall file the person's first report not later than the regular
27-16 deadline for the report covering the period during which the person
27-17 becomes an opposed candidate. The period covered by the first
27-18 report begins the day the candidate's campaign treasurer
27-19 appointment is filed.
27-20 (e) In addition to other required reports, an opposed
27-21 candidate in a runoff election shall file one report for that
27-22 election. The runoff election report shall be filed not later than
27-23 the eighth day before runoff election day. The report covers the
27-24 period beginning the ninth day before the date of the main election
27-25 and continuing through the 10th day before runoff election day.
27-26 Sec. 254.065. FINAL REPORT. (a) If a candidate or
27-27 officeholder expects no reportable activity in connection with the
28-1 candidacy or office to occur after the period covered by a report
28-2 filed under this subchapter, the person [candidate] may designate
28-3 the report as a "final" report.
28-4 (b) The designation of a report as a final report:
28-5 (1) relieves the person [candidate] of the duty to
28-6 file additional reports under this subchapter, except as provided
28-7 by Subsection (c); and
28-8 (2) terminates the person's [candidate's] campaign
28-9 treasurer appointment.
28-10 (c) If, after a candidate's or officeholder's final report
28-11 is filed, reportable activity with respect to the candidacy or
28-12 office occurs, the person [candidate] shall file the appropriate
28-13 reports under this subchapter and is otherwise subject to the
28-14 provisions of this title applicable to candidates and
28-15 officeholders. A report filed under this subsection may be
28-16 designated as a final report.
28-17 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Reports
28-18 under this subchapter shall be filed with the authority with whom
28-19 the person's [candidate's] campaign treasurer appointment is
28-20 required to be filed.
28-21 SECTION 21. Section 254.121, Election Code, is amended to
28-22 read as follows:
28-23 Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. (a) In
28-24 addition to the contents required by Section 254.031, each report
28-25 by a campaign treasurer of a specific-purpose committee must
28-26 include:
28-27 (1) the committee's full name and address;
29-1 (2) the full name, residence or business street
29-2 address, and telephone number of the committee's campaign
29-3 treasurer;
29-4 (3) the identity and date of the election for which
29-5 the report is filed, if applicable;
29-6 (4) the name of each candidate and each measure
29-7 supported or opposed by the committee, indicating for each whether
29-8 the committee supports or opposes;
29-9 (5) the name of each officeholder assisted by the
29-10 committee;
29-11 (6) the amount of each political expenditure in the
29-12 form of a political contribution that is made to a candidate,
29-13 officeholder, or another political committee and that is returned
29-14 to the committee during the reporting period, the name of the
29-15 person to whom the expenditure was originally made, and the date it
29-16 is returned;
29-17 (7) on a separate page or pages of the report, the
29-18 identification of any payment from political contributions made to
29-19 a business in which the candidate or officeholder has a
29-20 participating interest of more than 10 percent, holds a position on
29-21 the governing body of the business, or serves as an officer of the
29-22 business; [and]
29-23 (8) on a separate page or pages of the report, the
29-24 identification of any contribution from a corporation or labor
29-25 organization made and accepted under Subchapter D, Chapter 253; and
29-26 (9) the name of any person who made an offer of money
29-27 to the committee during the reporting period with the intent that
30-1 it be used in connection with a campaign for elective office or on
30-2 a measure, or to defray officeholder expenses that are not
30-3 reimbursable with public money, if the offer was accepted and:
30-4 (A) the offer is for $1,000 or more;
30-5 (B) the campaign treasurer has reason to believe
30-6 the offer is for $1,000 or more; or
30-7 (C) the offer is to cover 10 percent or more of
30-8 the total anticipated costs of the campaign:
30-9 (i) of a specific candidate supported by
30-10 the committee; or
30-11 (ii) concerning a specific measure
30-12 supported or opposed by the committee.
30-13 (b) The report filed not later than January 15 of each
30-14 odd-numbered year must also include the name of each person who
30-15 made an offer of money to the committee with the intent that it be
30-16 used in connection with a campaign for elective office or on a
30-17 measure, or to defray officeholder expenses that are not
30-18 reimbursable with public money, if the offer was accepted and the
30-19 offered money was not received by the committee, and the amount of
30-20 the offer. The information required by this subsection is for the
30-21 period beginning January 1 of the preceding odd-numbered year or
30-22 the date the committee's campaign treasurer appointment is filed,
30-23 as applicable, and continuing through December 31 of the preceding
30-24 even-numbered year.
30-25 SECTION 22. Section 254.126(a), Election Code, is amended to
30-26 read as follows:
30-27 (a) If a specific-purpose committee for assisting only
31-1 officeholders [an officeholder] expects no reportable activity to
31-2 occur after the period covered by a report filed under this
31-3 subchapter, the committee's campaign treasurer may designate the
31-4 report as a "dissolution" report.
31-5 SECTION 23. Subchapter E, Chapter 254, Election Code, is
31-6 amended by adding Section 254.1281 to read as follows:
31-7 Sec. 254.1281. NOTICE TO CANDIDATE AND OFFICEHOLDER RELATING
31-8 TO IN-KIND CONTRIBUTION. (a) If a specific-purpose committee
31-9 makes an in-kind political contribution to a candidate or
31-10 officeholder, the committee's campaign treasurer shall deliver
31-11 written notice of the amount of the contribution to the affected
31-12 candidate or officeholder not later than the end of the period
31-13 covered by the report in which the reportable activity occurs.
31-14 (b) The notice must include the full name and address of the
31-15 political committee and its campaign treasurer and an indication
31-16 that the committee is a specific-purpose committee.
31-17 SECTION 24. Section 254.151, Election Code, is amended to
31-18 read as follows:
31-19 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
31-20 to the contents required by Section 254.031, each report by a
31-21 campaign treasurer of a general-purpose committee must include:
31-22 (1) the committee's full name and address;
31-23 (2) the full name, residence or business street
31-24 address, and telephone number of the committee's campaign
31-25 treasurer;
31-26 (3) the identity and date of the election for which
31-27 the report is filed, if applicable;
32-1 (4) the name of each identified candidate or measure
32-2 or classification by party of candidates supported or opposed by
32-3 the committee, indicating whether the committee supports or opposes
32-4 each listed candidate, measure, or classification by party of
32-5 candidates;
32-6 (5) the name of each identified officeholder or
32-7 classification by party of officeholders assisted by the committee;
32-8 (6) [the principal occupation of each person from whom
32-9 political contributions that in the aggregate exceed $50 are
32-10 accepted during the reporting period;]
32-11 [(7)] the amount of each political expenditure in the
32-12 form of a political contribution made to [a candidate,
32-13 officeholder, or] another political committee that is returned to
32-14 the committee during the reporting period, the name of the
32-15 committee [person] to whom the expenditure was originally made, and
32-16 the date it is returned;
32-17 (7) the amount of expenditures by a corporation or
32-18 labor organization under Section 253.100 that in the aggregate
32-19 exceed $100 and that are made to the committee during the reporting
32-20 period by the committee, the full name and address of the
32-21 corporation or labor organization making the expenditures, and the
32-22 dates of the expenditures; and
32-23 (8) on a separate page or pages of the report, the
32-24 identification of any contribution from a corporation or labor
32-25 organization made and accepted under Subchapter D, Chapter 253,
32-26 other than a contribution in the form of an expenditure reported
32-27 under Subdivision (7).
33-1 SECTION 25. Subchapter F, Chapter 254, Election Code, is
33-2 amended by adding Section 254.1611 to read as follows:
33-3 Sec. 254.1611. NOTICE TO CANDIDATE AND OFFICEHOLDER RELATING
33-4 TO IN-KIND CONTRIBUTION. If a general-purpose committee makes an
33-5 in-kind political contribution to a candidate or officeholder,
33-6 notice of the amount of the contribution shall be delivered to the
33-7 affected candidate or officeholder as provided by Section 254.1281
33-8 for a specific-purpose committee.
33-9 SECTION 26. Section 254.201, Election Code, is amended to
33-10 read as follows:
33-11 Sec. 254.201. ANNUAL REPORT OF UNEXPENDED CONTRIBUTIONS. A
33-12 [(a) This section applies to:]
33-13 [(1) a] former officeholder or a person who was an
33-14 unsuccessful candidate who has unexpended political contributions
33-15 after filing the last report required to be filed by Subchapter C
33-16 [D; or]
33-17 [(2) a person who was an unsuccessful candidate who
33-18 has unexpended political contributions after filing the last report
33-19 required to be filed by Subchapter C.]
33-20 [(b) A person covered by this section] shall file an annual
33-21 report for each year in which the person retains unexpended
33-22 contributions.
33-23 SECTION 27. Section 254.203(a), Election Code, is amended to
33-24 read as follows:
33-25 (a) A person may not retain political contributions covered
33-26 by this title, assets purchased with the contributions, or interest
33-27 and other income earned on the contributions for more than six
34-1 years after the date the person either ceases to be an officeholder
34-2 or candidate or the person's principal political committee files a
34-3 final report under this chapter, whichever is later.
34-4 SECTION 28. Section 254.204(a), Election Code, is amended to
34-5 read as follows:
34-6 (a) At the end of the six-year period prescribed by Section
34-7 254.203, the former officeholder or candidate shall remit any
34-8 unexpended political contributions to one or more of the following:
34-9 (1) the political party with which the person was
34-10 affiliated or aligned when the person's name last appeared on a
34-11 ballot;
34-12 (2) a candidate or political committee;
34-13 (3) the comptroller [of public accounts] for deposit
34-14 in the state treasury [State Treasury];
34-15 (4) one or more persons from whom political
34-16 contributions were received, in accordance with Subsection (d);
34-17 (5) a recognized tax-exempt, charitable organization
34-18 formed for educational, religious, or scientific purposes; or
34-19 (6) a public or private postsecondary educational
34-20 institution or an institution of higher education as defined by
34-21 Section 61.003(8), Education Code, solely for the purpose of
34-22 assisting or creating a scholarship program.
34-23 SECTION 29. Section 255.001(b), Election Code, is amended to
34-24 read as follows:
34-25 (b) This section does not apply to:
34-26 (1) tickets or invitations to political fund-raising
34-27 events;
35-1 (2) [or to] campaign buttons, pins, hats, or similar
35-2 campaign materials; or
35-3 (3) a political site on the Internet that is
35-4 maintained by a political party, if each page that is part of the
35-5 site contains a statement that:
35-6 (A) indicates that the site is political
35-7 advertising;
35-8 (B) contains the party's name and address; and
35-9 (C) contains the name of a person at the party
35-10 who can be contacted for information.
35-11 SECTION 30. The following provisions of the Election Code
35-12 are repealed:
35-13 (1) Sections 253.036, 253.100(d), and 254.039; and
35-14 (2) Subchapter D, Chapter 254.
35-15 SECTION 31. This Act takes effect January 1, 2000.
35-16 SECTION 32. (a) Not later than January 15, 2000, each
35-17 person who on January 1, 2000, is a candidate, as that term is
35-18 defined by Section 251.001, Election Code, or an officeholder
35-19 covered by Section 251.010, Election Code, as added by this Act,
35-20 shall designate a principal political committee as required by
35-21 Section 251.010, Election Code, as added by this Act.
35-22 (b) Not later than the 15th day after the date a candidate
35-23 or officeholder designates a principal political committee as
35-24 required by Subsection (a) of this section, the person shall
35-25 transfer to the committee each asset that the person holds in the
35-26 person's capacity as a candidate or officeholder.
35-27 (c) Not later than the 15th day after the date a candidate
36-1 or officeholder designates a principal political committee as
36-2 required by Subsection (a) of this section, the committee shall
36-3 assume each liability of the person in the person's capacity as a
36-4 candidate or officeholder.
36-5 SECTION 33. Chapter 254, Election Code, as amended by this
36-6 Act, applies only to a report under that chapter that covers a
36-7 reporting period beginning on or after January 1, 2000. A report
36-8 under Chapter 254, Election Code, that covers a reporting period
36-9 that begins before January 1, 2000, is covered by the law in
36-10 existence on the date the reporting period began, and the former
36-11 law is continued in effect for that purpose.
36-12 SECTION 34. The importance of this legislation and the
36-13 crowded condition of the calendars in both houses create an
36-14 emergency and an imperative public necessity that the
36-15 constitutional rule requiring bills to be read on three several
36-16 days in each house be suspended, and this rule is hereby suspended.