By Gallego H.B. No. 4
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating and reporting certain political
1-3 contributions and certain political expenditures and to regulating
1-4 certain political advertising; providing civil penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 253, Election Code, is amended by adding
1-7 Subchapter G to read as follows:
1-8 SUBCHAPTER G. RESTRICTIONS ON POLITICAL CONTRIBUTIONS AND
1-9 EXPENDITURES IN CONNECTION WITH EXECUTIVE AND LEGISLATIVE OFFICES
1-10 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-11 applies only to a political contribution or political expenditure
1-12 in connection with:
1-13 (1) a statewide office other than a judicial office;
1-14 (2) the office of state senator;
1-15 (3) the office of state representative; or
1-16 (4) the office of member, State Board of Education.
1-17 Sec. 253.202. DEFINITION. In this subchapter, "principal
1-18 political committee of a candidate or officeholder" means a
1-19 specific-purpose committee established under Section 253.203 for
1-20 supporting a candidate or assisting an officeholder.
1-21 Sec. 253.203. PRINCIPAL POLITICAL COMMITTEE. (a) A
2-1 candidate for or holder of an office covered by this subchapter
2-2 shall designate in writing a specific-purpose committee to serve as
2-3 the person's principal political committee.
2-4 (b) A designation under Subsection (a) must be:
2-5 (1) made not later than the 15th day after the date
2-6 the person becomes a candidate or officeholder; and
2-7 (2) filed with the commission.
2-8 (c) The name of a principal political committee must include
2-9 the candidate's or officeholder's name.
2-10 (d) A candidate or officeholder may not have more than one
2-11 principal political committee at a time. A person who is both a
2-12 candidate and an officeholder may not have more than one principal
2-13 political committee. A candidate who becomes an officeholder is
2-14 not required to designate a new principal political committee.
2-15 (e) A prohibition or restriction imposed by this title on a
2-16 candidate or officeholder applies to the principal political
2-17 committee of a candidate or officeholder.
2-18 (f) Except as provided by this section, a person may not
2-19 establish a specific-purpose committee for supporting or opposing a
2-20 candidate for or assisting a holder of an office covered by this
2-21 subchapter.
2-22 Sec. 253.204. LIABILITY OF CANDIDATE OR OFFICEHOLDER FOR ACT
2-23 OR OMISSION OF PRINCIPAL POLITICAL COMMITTEE. A candidate or
2-24 officeholder is civilly liable for an act or omission by the
2-25 person's principal political committee in connection with a
3-1 requirement or prohibition prescribed by this title only if the
3-2 person authorized, requested, commanded, performed, or recklessly
3-3 or negligently tolerated the act or omission.
3-4 Sec. 253.205. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
3-5 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
3-6 (b), a candidate or officeholder may not knowingly accept a
3-7 political contribution in connection with the person's own
3-8 candidacy or office.
3-9 (b) A candidate or officeholder may accept a political
3-10 contribution on behalf of the person's principal political
3-11 committee unless the committee itself would be prohibited from
3-12 accepting the contribution.
3-13 Sec. 253.206. LIMIT ON CONTRIBUTION BY CHILD. (a) A child
3-14 may not knowingly make or authorize political contributions to the
3-15 principal political committee of a candidate or officeholder that,
3-16 in connection with each election in which the candidate or
3-17 officeholder is involved, in the aggregate exceed $100.
3-18 (b) A person may not knowingly accept a political
3-19 contribution, and shall refuse a political contribution that is
3-20 received, in violation of Subsection (a).
3-21 (c) In this section, "child" means a person under 18 years
3-22 of age who is not and has not been married or who has not had the
3-23 disabilities of minority removed for general purposes.
3-24 Sec. 253.207. NOTICE REQUIRED FOR CERTAIN DIRECT CAMPAIGN
3-25 EXPENDITURES. (a) A person other than the principal political
4-1 committee of the state executive committee or a county executive
4-2 committee of a political party may not make a direct campaign
4-3 expenditure for the purpose of supporting or opposing one or more
4-4 candidates unless the person files with the commission and the
4-5 principal political committee of each candidate whom the
4-6 expenditure benefits a written declaration of the person's intent
4-7 to make the expenditure not later than 72 hours before the
4-8 expenditure is made. The declaration must include the amount of
4-9 the expenditure.
4-10 (b) The commission shall file a declaration received under
4-11 Subsection (a) with the records of the principal political
4-12 committee of each candidate whom the political expenditure
4-13 benefits. Not later than 24 hours after receiving a declaration
4-14 under Subsection (a), the commission shall deliver a copy of the
4-15 declaration by telephonic facsimile machine or overnight mail to
4-16 the principal political committee of each candidate who opposes the
4-17 candidate whom the expenditure benefits. For purposes of this
4-18 section, a political expenditure that opposes a candidate is
4-19 considered to benefit each candidate for the office other than the
4-20 opposed candidate.
4-21 (c) A political expenditure made by a political committee or
4-22 other association that consists only of costs incurred in
4-23 contacting the committee's or association's dues-paying membership
4-24 may be made without the declaration required by Subsection (a).
4-25 (d) This section does not apply to a political expenditure
5-1 by a candidate's principal political committee in connection with
5-2 the candidate's election.
5-3 Sec. 253.208. FAIR CAMPAIGN SPENDING FUND. (a) The fair
5-4 campaign spending fund is a special account in the general revenue
5-5 fund.
5-6 (b) The fair campaign spending fund consists of:
5-7 (1) damages recovered under Section 253.133 for
5-8 violations of this subchapter;
5-9 (2) civil penalties imposed under Section 571.173,
5-10 Government Code, for violations of this subchapter; and
5-11 (3) any gifts or grants received by the commission
5-12 under Subsection (f).
5-13 (c) The fair campaign spending fund may be used only for:
5-14 (1) voter education projects that relate to campaigns
5-15 for offices covered by this subchapter; and
5-16 (2) payment of costs incurred in imposing civil
5-17 penalties for violations of this subchapter.
5-18 (d) To the extent practicable, the fund shall be permitted
5-19 to accumulate until the balance is sufficient to permit the
5-20 publication of a voter's guide as provided by Section 253.209.
5-21 (e) The commission may use money in the fair campaign
5-22 spending fund to produce public service announcements to educate
5-23 voters about this subchapter.
5-24 (f) The commission may accept gifts and grants for the
5-25 purposes described by Subsections (c)(1), (d), and (e). Funds
6-1 received under this subsection shall be deposited to the credit of
6-2 the fair campaign spending fund.
6-3 (g) The fair campaign spending fund is exempt from Section
6-4 403.095, Government Code.
6-5 Sec. 253.209. VOTER'S GUIDE. (a) If the necessary money is
6-6 available under Section 253.208, the commission may publish a
6-7 voter's guide listing candidates for offices covered by this
6-8 subchapter, their backgrounds, and similar information.
6-9 (b) The commission shall adopt rules under which a candidate
6-10 must provide information to the commission for inclusion in the
6-11 voter's guide. The rules may not restrict the content of a
6-12 candidate's information by any means other than prescribing a
6-13 maximum length.
6-14 (c) Not later than the seventh day before the date early
6-15 voting by mail begins, the commission shall:
6-16 (1) make the voter's guide available for publication
6-17 by newspapers in each part of the state;
6-18 (2) make the voter's guide available through the
6-19 Internet; and
6-20 (3) make the voter's guide available through the
6-21 comptroller's state government electronic billboard.
6-22 (d) In this section, "Internet" means the largest
6-23 nonproprietary nonprofit cooperative public computer network,
6-24 popularly known as the Internet.
6-25 SECTION 2. Section 84.001, Election Code, is amended to read
7-1 as follows:
7-2 Sec. 84.001. APPLICATION REQUIRED. (a) To be entitled to
7-3 vote an early voting ballot by mail, a person who is eligible for
7-4 early voting must make an application for an early voting ballot to
7-5 be voted by mail as provided by this title.
7-6 (b) An application must be in writing and signed by the
7-7 applicant.
7-8 (c) An applicant is not required to use an official
7-9 application form.
7-10 (d) An applicant may not use an application form that is
7-11 part of or is included with a campaign communication or political
7-12 advertising, as defined by Section 251.001, unless the application
7-13 form and campaign communication or political advertising are
7-14 provided to the applicant by:
7-15 (1) an individual, candidate, or officeholder not
7-16 working in concert with another person; or
7-17 (2) the principal political committee of the state
7-18 executive committee or a county executive committee of a political
7-19 party; or
7-20 (e) An application form that is provided under the terms of
7-21 subsection (d) must be returned directly to the county clerk by the
7-22 person that is applying for the early voting ballot.
7-23 (f) An applicant for a ballot to be voted by mail may apply
7-24 for ballots for the main election and any resulting runoff election
7-25 on the same application. The timeliness of the application for
8-1 both elections is determined in relation to the main election.
8-2 However, if the application is not timely for the main election,
8-3 the timeliness of the application for the runoff election is
8-4 determined in relation to that election.
8-5 (g) [(e)] A person who has not made an application as
8-6 provided by this title is not entitled to receive an early voting
8-7 ballot to be voted by mail.
8-8 SECTION 3. Section 251.001, Election Code, is amended by
8-9 amending Subdivisions (14) and (16) and adding Subdivision (21) to
8-10 read as follows:
8-11 (14) "General-purpose committee" means a political
8-12 committee that has among its principal purposes:
8-13 (A) supporting or opposing:
8-14 (i) two or more candidates who are
8-15 unidentified or are seeking offices that are unknown; or
8-16 (ii) one or more unidentified measures
8-17 [that are unidentified]; or
8-18 (B) assisting two or more officeholders who are
8-19 unidentified.
8-20 (16) "Political advertising" means a communication
8-21 supporting or opposing a candidate for nomination or election to a
8-22 public office or office of a political party, a political party, a
8-23 public officer, or a measure that:
8-24 (A) in return for consideration[,] is:
8-25 (i) published in a newspaper, magazine, or
9-1 other periodical;
9-2 (ii) [or is] broadcast by radio or
9-3 television; or
9-4 (iii) delivered through the use of an
9-5 automated dial announcing device, as defined by Section 55.121,
9-6 Utility Code; or
9-7 (B) appears in a pamphlet, circular, flier,
9-8 billboard or other sign, bumper sticker, or similar form of written
9-9 communication.
9-10 (21) "Unidentified measure" means a question or
9-11 proposal that is intended to be submitted in an election for an
9-12 expression of the voters' will and that is not yet legally required
9-13 to be submitted in an election. The term does not include the
9-14 circulation or submission of a petition to determine whether a
9-15 question or proposal is required to be submitted in an election for
9-16 an expression of the voters' will.
9-17 SECTION 4. Section 253.003(c), Election Code, is amended to
9-18 read as follows:
9-19 (c) This section does not apply to a political contribution
9-20 made or accepted in violation of Subchapter F or G.
9-21 SECTION 5. Section 253.004(b), Election Code, is amended to
9-22 read as follows:
9-23 (b) This section does not apply to a political expenditure
9-24 made or authorized in violation of Subchapter F or G.
9-25 SECTION 6. Section 253.134, Election Code, is amended to
10-1 read as follows:
10-2 Sec. 253.134. Civil Penalties Imposed by Commission.
10-3 (a) This title does not prohibit the imposition of civil penalties
10-4 by the commission in addition to criminal penalties or other
10-5 sanctions imposed by law.
10-6 (b) The commission, subject to approval of the attorney
10-7 general, may contract with a nongovernmental entity to collect a
10-8 civil penalty imposed under Section 571.173, Government Code, for a
10-9 violation of this chapter that is not paid before the 120th day
10-10 after the date it is imposed.
10-11 SECTION 7. Section 254.031, Election Code, is amended to
10-12 read as follows:
10-13 Sec. 254.031. General Contents of Reports. (a) Except as
10-14 otherwise provided by this chapter, each report filed under this
10-15 chapter must include:
10-16 (1) the amount of political contributions from each
10-17 person that in the aggregate exceed $100 and that are accepted
10-18 during the reporting period by the person or committee required to
10-19 file a report under this chapter, the full name and address of the
10-20 person making the contributions, and the dates of the
10-21 contributions;
10-22 (2) for each individual from whom the person or
10-23 committee required to file the report has accepted political
10-24 contributions that in the aggregate exceed $100 and that are
10-25 accepted during the reporting period:
11-1 (A) the individual's principal occupation or job
11-2 title;
11-3 (B) the full name of the individual's employer,
11-4 if any; and
11-5 (C) if the person required to file the report is
11-6 a candidate or officeholder, the aggregate total of political
11-7 contributions accepted from the individual since the date of the
11-8 last general election for the office sought by the candidate or
11-9 held by the officeholder, other than a contribution designated in
11-10 writing for that general election;
11-11 (3) the amount of loans that are made during the
11-12 reporting period for campaign or officeholder purposes to the
11-13 person or committee required to file the report and that in the
11-14 aggregate exceed $50, the dates the loans are made, the interest
11-15 rate, the maturity date, the type of collateral for the loans, if
11-16 any, the full name and address of the person or financial
11-17 institution making the loans, the full name and address, principal
11-18 occupation, and name of the employer of each guarantor of the
11-19 loans, the amount of the loans guaranteed by each guarantor, and
11-20 the aggregate principal amount of all outstanding loans as of the
11-21 last day of the reporting period;
11-22 (4) [(3)] the amount of political expenditures that in
11-23 the aggregate exceed $50 and that are made during the reporting
11-24 period, the full name and address of the persons to whom the
11-25 expenditures are made, and the dates and purposes of the
12-1 expenditures;
12-2 (5) [(4)] the amount of each payment made during the
12-3 reporting period from a political contribution if the payment is
12-4 not a political expenditure, the full name and address of the
12-5 person to whom the payment is made, and the date and purpose of the
12-6 payment;
12-7 (6) [(5)] the total amount or a specific listing of
12-8 the political contributions of $50 or less accepted and the total
12-9 amount or a specific listing of the political expenditures of $50
12-10 or less made during the reporting period;
12-11 (7) [(6)] the total amount of all political
12-12 contributions accepted and the total amount of all political
12-13 expenditures made during the reporting period; and
12-14 (8) [(7)] the name of each candidate or officeholder
12-15 who benefits from a direct campaign expenditure made during the
12-16 reporting period by the person or committee required to file the
12-17 report, and the office sought or held, excluding a direct campaign
12-18 expenditure that is made by the principal political committee of a
12-19 political party on behalf of a slate of two or more nominees of
12-20 that party.
12-21 (b) A person is considered to be in compliance with
12-22 Subsection (a)(2) if the person or the person's campaign treasurer
12-23 shows that best efforts have been used to obtain, maintain, and
12-24 report the information required by that subsection.
12-25 (c) If no reportable activity occurs during a reporting
13-1 period, the person required to file a report shall indicate that
13-2 fact in the report.
13-3 SECTION 8. Section 254.061, Election Code, is amended to
13-4 read as follows:
13-5 Sec. 254.061. Additional Contents of Reports. In addition
13-6 to the contents required by Section 254.031, each report by a
13-7 candidate must include:
13-8 (1) the candidate's full name and address, the office
13-9 sought, and the identity and date of the election for which the
13-10 report is filed;
13-11 (2) the campaign treasurer's name, residence or
13-12 business street address, and telephone number;
13-13 (3) for each political committee from which the
13-14 candidate received notice under Section 254.128 or 254.161:
13-15 (A) the committee's full name and address;
13-16 (B) an indication of whether the committee is a
13-17 general-purpose committee or a specific-purpose committee; [and]
13-18 (C) the full name and address of the committee's
13-19 campaign treasurer; and
13-20 (D) the amount of each political contribution or
13-21 political expenditure;
13-22 (4) the full name and address of each individual
13-23 acting as a campaign treasurer of a political committee under
13-24 Section 253.062 from whom the candidate received notice under
13-25 Section 254.128 or 254.161; and
14-1 (5) on a separate page or pages of the report, the
14-2 identification of any payment from political contributions made to
14-3 a business in which the candidate has a participating interest of
14-4 more than 10 percent, holds a position on the governing body of the
14-5 business, or serves as an officer of the business.
14-6 SECTION 9. Subchapter C, Chapter 254, Election Code, is
14-7 amended by adding Section 254.0612 to read as follows:
14-8 Sec. 254.0612. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
14-9 EXECUTIVE OR LEGISLATIVE CANDIDATE; ADDITIONAL CONTENTS. (a) The
14-10 principal political committee of a candidate for an office covered
14-11 by Subchapter G, Chapter 253, shall comply with this chapter as if
14-12 the committee were a candidate.
14-13 (b) In addition to the contents required by Sections 254.031
14-14 and 254.061, each report by the principal political committee of a
14-15 candidate for an office covered by Subchapter G, Chapter 253, must
14-16 include for each political expenditure made by the candidate from
14-17 the candidate's personal funds or other assets, the information
14-18 required by Section 254.031(a)(4).
14-19 (c) In this section, "principal political committee of a
14-20 candidate" means a specific-purpose committee established under
14-21 Section 253.203 for supporting a candidate.
14-22 SECTION 10. Section 254.091, Election Code, is amended to
14-23 read as follows:
14-24 Sec. 254.091. Additional Contents of Reports. In addition
14-25 to the contents required by Section 254.031, each report by an
15-1 officeholder must include:
15-2 (1) the officeholder's full name and address and the
15-3 office held;
15-4 (2) for each political committee from which the
15-5 officeholder received notice under Section 254.128 or 254.161:
15-6 (A) the committee's full name and address;
15-7 (B) an indication of whether the committee is a
15-8 general-purpose committee or a specific-purpose committee; [and]
15-9 (C) the full name and address of the committee's
15-10 campaign treasurer; and
15-11 (D) the amount of each political contribution or
15-12 political expenditure; and
15-13 (3) on a separate page or pages of the report, the
15-14 identification of any payment from political contributions made to
15-15 a business in which the officeholder has a participating interest
15-16 of more than 10 percent, holds a position on the governing body of
15-17 the business, or serves as an officer of the business.
15-18 SECTION 11. Subchapter D, Chapter 254, Election Code, is
15-19 amended by adding Section 254.0912 to read as follows:
15-20 Sec. 254.0912. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
15-21 EXECUTIVE OR LEGISLATIVE OFFICEHOLDER; ADDITIONAL CONTENTS. (a)
15-22 The principal political committee of an officeholder covered by
15-23 Subchapter G, Chapter 253, shall comply with this chapter as if the
15-24 committee were an officeholder.
15-25 (b) In addition to the contents required by Sections 254.031
16-1 and 254.091, each report by the principal political committee of an
16-2 officeholder covered by Subchapter G, Chapter 253, must include the
16-3 contents prescribed by Section 254.0612.
16-4 (c) In this section, "principal political committee of an
16-5 officeholder" means a specific-purpose committee established under
16-6 Section 253.203 for assisting an officeholder.
16-7 SECTION 12. Section 254.128, Election Code, is amended to
16-8 read as follows:
16-9 Sec. 254.128. Notice to Candidate and Officeholder of
16-10 Contributions and Expenditures. (a) If a specific-purpose
16-11 committee accepts political contributions or makes political
16-12 expenditures for a candidate or officeholder, the committee's
16-13 campaign treasurer shall deliver written notice of that fact to the
16-14 affected candidate or officeholder not later than the end of the
16-15 period covered by the report in which the reportable activity
16-16 occurs.
16-17 (b) The notice must include:
16-18 (1) the full name and address of the political
16-19 committee and its campaign treasurer;
16-20 (2) [and] an indication that the committee is a
16-21 specific-purpose committee; and
16-22 (3) the amount of each political contribution accepted
16-23 or political expenditure made.
16-24 (c) For purposes of this section, a specific-purpose
16-25 committee that makes a political expenditure that benefits more
17-1 than one candidate or officeholder shall, in compliance with rules
17-2 adopted by the commission, allocate a portion of the expenditure to
17-3 each candidate or officeholder whom the expenditure benefits in
17-4 proportion to the benefit received by the candidate or
17-5 officeholder. For purposes of this subsection:
17-6 (1) a political expenditure for supporting a candidate
17-7 or assisting an officeholder benefits each candidate or
17-8 officeholder supported or assisted; and
17-9 (2) a political expenditure for opposing a candidate
17-10 benefits each opponent of the candidate.
17-11 (d) A campaign treasurer commits an offense if the campaign
17-12 treasurer fails to comply with this section. An offense under this
17-13 section is a Class A misdemeanor.
17-14 SECTION 13. Subchapter F, Chapter 254, Election Code, is
17-15 amended by adding Sections 254.1511 and 254.1512 to read as
17-16 follows:
17-17 Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
17-18 POLITICAL PARTY; ADDITIONAL CONTENTS. (a) Each report by the
17-19 principal political committee of the state executive committee of a
17-20 political party must list the political contributions and political
17-21 expenditures made in connection with each candidate or officeholder
17-22 on a separate schedule.
17-23 (b) In addition to the contents required by Sections 254.031
17-24 and 254.151, each report by the principal political committee of
17-25 the state executive committee of a political party must include,
18-1 for each candidate for or holder of an office covered by Subchapter
18-2 G, Chapter 253, for whose benefit the committee makes a political
18-3 contribution or political expenditure in the calendar year:
18-4 (1) the total amount of political contributions made
18-5 during the calendar year to the principal political committee of
18-6 the candidate or officeholder; and
18-7 (2) the total amount of political expenditures made
18-8 during the calendar year for the benefit of the candidate or
18-9 officeholder.
18-10 (c) In this section, "principal political committee of a
18-11 candidate or officeholder" has the meaning assigned by Section
18-12 253.202.
18-13 Sec. 254.1512. CONTENTS OF REPORTS OF FEDERALLY REGISTERED
18-14 COMMITTEE. (a) This section applies only to a general-purpose
18-15 committee that is registered under Subchapter I, Chapter 14, Title
18-16 2, United States Code.
18-17 (b) Each report by the campaign treasurer of a
18-18 general-purpose committee to which this section applies must
18-19 include the contents required by Sections 254.031 and 254.151,
18-20 except as provided by this section.
18-21 (c) Instead of the information required by Sections
18-22 254.031(a)(1)-(4) and (6), the committee's report must include:
18-23 (1) for each political contribution accepted during
18-24 the reporting period by the committee that, when aggregated with
18-25 each other political contribution accepted by the committee during
19-1 the calendar year from the person making the contribution, exceeds
19-2 $200:
19-3 (A) the amount of the contribution;
19-4 (B) the full name and address and principal
19-5 occupation of the person making the contribution; and
19-6 (C) the date of the contribution;
19-7 (2) for each loan made during the reporting period to
19-8 the committee for campaign purposes that, when aggregated with each
19-9 other loan made to the committee during the calendar year by the
19-10 person making the loan, exceeds $200:
19-11 (A) the amount of the loan;
19-12 (B) the full name and address of the person or
19-13 financial institution making the loan;
19-14 (C) the date of the loan;
19-15 (D) the interest rate;
19-16 (E) the maturity date;
19-17 (F) the type of collateral for the loan, if any;
19-18 (G) the full name and address, principal
19-19 occupation, and name of the employer of each guarantor of the loan;
19-20 and
19-21 (H) the amount of the loan guaranteed by each
19-22 guarantor;
19-23 (3) for each political expenditure made during the
19-24 reporting period by the committee that, when aggregated with each
19-25 other political expenditure made by the committee during the
20-1 calendar year to the person, exceeds $200:
20-2 (A) the amount of the expenditure;
20-3 (B) the full name and address of the person to
20-4 whom the expenditure is made; and
20-5 (C) the date of the expenditure;
20-6 (4) the total amount or a specific listing of the
20-7 political contributions of $200 or less accepted and the total
20-8 amount of political expenditures of $200 or less made during the
20-9 reporting period; and
20-10 (5) the aggregate principal amount of all outstanding
20-11 loans as of the last day of the reporting period.
20-12 (d) The committee's report need not include the amount of a
20-13 payment that is reported as a contribution under Subchapter I,
20-14 Chapter 14, Title 2, United States Code.
20-15 (e) Section 254.156 does not apply to a committee to which
20-16 this section applies.
20-17 (f) Notwithstanding Section 571.065, Government Code, a
20-18 committee to which this section applies may report the information
20-19 required by Subsection (c) on a form adopted or accepted by the
20-20 Federal Elections Commission.
20-21 SECTION 14. Section 254.203(a), Election Code, is amended to
20-22 read as follows:
20-23 (a) A person may not retain political contributions covered
20-24 by this title, assets purchased with the contributions, or interest
20-25 and other income earned on the contributions for more than six
21-1 years after the later of:
21-2 (1) the date the person [either] ceases to be an
21-3 officeholder; or
21-4 (2) the date of the most recent election in which the
21-5 person was a candidate [or files a final report under this chapter,
21-6 whichever is later].
21-7 SECTION 15. Section 254.204(a), Election Code, is amended to
21-8 read as follows:
21-9 (a) At the end of the six-year period prescribed by Section
21-10 254.203, the former officeholder or candidate shall remit any
21-11 unexpended political contributions to one or more of the following:
21-12 (1) the political party with which the person was
21-13 affiliated or aligned when the person's name last appeared on a
21-14 ballot;
21-15 (2) a candidate or political committee;
21-16 (3) the comptroller [of public accounts] for deposit
21-17 in the state treasury [State Treasury];
21-18 (4) one or more persons from whom political
21-19 contributions were received, in accordance with Subsection (d);
21-20 (5) a recognized tax-exempt, charitable organization
21-21 formed for educational, religious, or scientific purposes; [or]
21-22 (6) a public or private postsecondary educational
21-23 institution or an institution of higher education as defined by
21-24 Section 61.003[(8)], Education Code, solely for the purpose of
21-25 assisting or creating a scholarship program; or
22-1 (7) the commission for deposit in the fair campaign
22-2 spending fund under Section 253.208.
22-3 SECTION 16. Section 255.001(a), Election Code, is amended to
22-4 read as follows:
22-5 (a) A person may not knowingly enter into a contract or
22-6 other agreement to print, copy, publish, or broadcast political
22-7 advertising that does not indicate in the advertising:
22-8 (1) that it is political advertising; and
22-9 (2) the full name and address of:
22-10 (A) [either] the individual who caused the
22-11 advertising to be printed, copied, published, or broadcast;
22-12 (B) the campaign treasurer of the candidate,
22-13 officeholder, or political committee on whose behalf the
22-14 advertising is printed, copied, published, or broadcast; or
22-15 (C) the candidate, officeholder, or political
22-16 committee on whose behalf the advertising is printed, copied,
22-17 published, or broadcast [personally entered into the contract or
22-18 agreement with the printer, publisher, or broadcaster or the person
22-19 that individual represents; and]
22-20 [(3) in the case of advertising that is printed or
22-21 published, the address of either the individual who personally
22-22 entered into the agreement with the printer or publisher or the
22-23 person that individual represents].
22-24 SECTION 17. Chapter 255, Election Code, is amended by adding
22-25 Section 255.009 to read as follows:
23-1 Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING CONCERNING
23-2 CERTAIN UNPAID CIVIL PENALTIES. (a) Political advertising by a
23-3 person who fails to pay a civil penalty imposed by the commission
23-4 for a violation of this title must, in addition to any other
23-5 disclosure required under this chapter, include the following
23-6 statement: "(Name of candidate or committee) has failed to pay a
23-7 civil penalty imposed by the Texas Ethics Commission for a
23-8 violation of Title 15, Election Code."
23-9 (b) The commission shall adopt rules providing for:
23-10 (1) the minimum size of the disclosure required by
23-11 this section in political advertising that appears on television or
23-12 in writing; and
23-13 (2) the minimum duration of the disclosure required by
23-14 this section in political advertising that appears on television or
23-15 radio.
23-16 (c) Subsection (a) does not apply to a civil penalty imposed
23-17 by the commission that is the subject of an appeal under Section
23-18 571.133, Government Code.
23-19 (d) A person who violates this section commits an offense.
23-20 An offense under this section is a Class A misdemeanor.
23-21 SECTION 18. Title 15, Election Code, is amended by adding
23-22 Chapter 256 to read as follows:
23-23 CHAPTER 256. POLITICAL CONSULTANTS
23-24 Sec. 256.001. DEFINITIONS. In this chapter:
23-25 (1) "Political consultant" means a person required to
24-1 register under Section 256.002.
24-2 (2) "Political services" includes:
24-3 (A) providing advice on political strategy,
24-4 voter demographics, or the content or distribution of political
24-5 advertising;
24-6 (B) seeking the endorsement of an individual or
24-7 organization; and
24-8 (C) polling.
24-9 Sec. 256.002. PERSONS REQUIRED TO REGISTER. (a) A person
24-10 shall register with the commission under this chapter if the person
24-11 receives or agrees to receive compensation of more than an amount
24-12 determined by commission rule but not less than $200 in a calendar
24-13 quarter from a candidate, officeholder, political committee, or
24-14 political party to provide political services in connection with a
24-15 statewide or district office or a statewide measure.
24-16 (b) A person is not required to register under this chapter
24-17 if the person receives compensation for providing political
24-18 services only as an employee of a candidate, officeholder,
24-19 political committee, or political party.
24-20 (c) A person who knowingly fails to register as required by
24-21 this chapter commits an offense. An offense under this section is
24-22 a Class A misdemeanor.
24-23 Sec. 256.003. REGISTRATION. (a) Each person required to
24-24 register under this chapter shall file with the commission a
24-25 written registration accompanied by a registration fee.
25-1 (b) A registration filed under this chapter expires January
25-2 1 of each year unless the political consultant files with the
25-3 commission a written renewal of registration accompanied by a
25-4 renewal fee. The political consultant may file the registration
25-5 renewal at any time in December preceding the expiration of the
25-6 registration.
25-7 (c) The registration fee and registration renewal fee are
25-8 $300.
25-9 (d) A person required to register under this chapter who has
25-10 not registered or whose registration has expired:
25-11 (1) shall file the registration and fee not later than
25-12 the fifth day after the date the person first provides political
25-13 services to a candidate, officeholder, political committee, or
25-14 political party; and
25-15 (2) may not accept compensation before the person
25-16 files the registration.
25-17 (e) The registration must contain:
25-18 (1) the person's full name and address; and
25-19 (2) the person's business telephone number and
25-20 business address.
25-21 (f) If a change occurs in the information required to be
25-22 reported by a person under this section and that changed
25-23 information is not timely reported on a report due under Section
25-24 256.004, the person shall file an amended statement reflecting the
25-25 change with the commission not later than the date the next report
26-1 is due under Section 256.004.
26-2 SECTION 19. (a) This Act takes effect September 1, 1999.
26-3 (b) Not later than September 15, 1999, each candidate for or
26-4 holder of an office covered by Subchapter G, Chapter 253, Election
26-5 Code, as added by this Act, shall file with the Texas Ethics
26-6 Commission a designation of the person's principal political
26-7 committee as required by Section 253.203, Election Code, as added
26-8 by this Act.
26-9 (c) Subchapter G, Chapter 253, Election Code, as added by
26-10 this Act, applies only to a political contribution accepted or a
26-11 political expenditure made on or after September 1, 1999. A
26-12 political contribution accepted or a political expenditure made
26-13 before that date is governed by the law in effect at the time the
26-14 contribution was accepted or the expenditure was made.
26-15 (d) The change in law made to Sections 254.128 and 255.001,
26-16 Election Code, by this Act applies only to an offense committed on
26-17 or after September 1, 1999. For the purposes of this section, an
26-18 offense is committed before September 1, 1999, if any element of
26-19 the offense occurs before that date.
26-20 (e) An offense under Section 254.128 or 255.001, Election
26-21 Code, that is committed before September 1, 1999, is covered by the
26-22 law in effect when the offense was committed, and the former law is
26-23 continued in effect for this purpose.
26-24 (f) Sections 254.061, 254.091, and 254.128, Election Code,
26-25 as amended by this Act, and Sections 254.0612, 254.0912, 254.1511,
27-1 and 254.1512, Election Code, as added by this Act, apply to the
27-2 reporting of a political contribution accepted or political
27-3 expenditure made on or after September 1, 1999. The reporting of a
27-4 political contribution accepted or a political expenditure made
27-5 before that date is governed by the law in effect at the time the
27-6 contribution or expenditure was accepted or made, and the former
27-7 law is continued in effect for that purpose.
27-8 (g) Notwithstanding Section 254.203, Election Code, as that
27-9 section existed before amendment by this Act, a person who ceased
27-10 to be an officeholder or who was last a candidate in an election
27-11 before September 1, 1993, shall, not later than January 1, 2000,
27-12 dispose of unexpended political contributions, assets purchased
27-13 with political contributions, and interest or other income earned
27-14 on political contributions in compliance with Section 254.203,
27-15 Election Code, as amended by this Act. A person who ceased to be
27-16 an officeholder or candidate on or after September 1, 1993, shall
27-17 dispose of unexpended political contributions, assets purchased
27-18 with political contributions, and interest or other income earned
27-19 on political contributions in compliance with Section 254.203,
27-20 Election Code, as amended by this Act, regardless of whether the
27-21 person has filed a final report under Chapter 254, Election Code.
27-22 SECTION 20. The importance of this legislation and the
27-23 crowded condition of the calendars in both houses create an
27-24 emergency and an imperative public necessity that the
27-25 constitutional rule requiring bills to be read on three several
28-1 days in each house be suspended, and this rule is hereby suspended.