By Gallego H.B. No. 218
76R553 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating and reporting certain political
1-3 contributions and certain political expenditures and to regulating
1-4 certain political advertising; providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 253, Election Code, is amended by adding
1-7 Subchapter G to read as follows:
1-8 SUBCHAPTER G. RESTRICTIONS ON POLITICAL CONTRIBUTIONS AND
1-9 EXPENDITURES IN CONNECTION WITH EXECUTIVE AND LEGISLATIVE OFFICES
1-10 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-11 applies only to a political contribution or political expenditure
1-12 in connection with:
1-13 (1) a statewide office other than a judicial office;
1-14 (2) the office of state senator;
1-15 (3) the office of state representative; or
1-16 (4) the office of member, State Board of Education.
1-17 Sec. 253.202. DEFINITION. In this subchapter, "principal
1-18 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
1-22 candidate for or holder of an office covered by this subchapter
1-23 shall designate in writing a specific-purpose committee to serve as
1-24 the person's principal political committee.
2-1 (b) A designation under Subsection (a) must be:
2-2 (1) made not later than the 15th day after the date
2-3 the person becomes a candidate or officeholder; and
2-4 (2) filed with the commission.
2-5 (c) The name of a principal political committee must include
2-6 the candidate's or officeholder's name.
2-7 (d) A candidate or officeholder may not have more than one
2-8 principal political committee at a time. A person who is both a
2-9 candidate and an officeholder may not have more than one principal
2-10 political committee. A candidate who becomes an officeholder is
2-11 not required to designate a new principal political committee.
2-12 (e) A prohibition or restriction imposed by this title on a
2-13 candidate or officeholder applies to the principal political
2-14 committee of a candidate or officeholder.
2-15 (f) Except as provided by this section, a person may not
2-16 establish a specific-purpose committee for supporting or opposing a
2-17 candidate for or assisting a holder of an office covered by this
2-18 subchapter.
2-19 Sec. 253.204. LIABILITY OF CANDIDATE OR OFFICEHOLDER FOR ACT
2-20 OR OMISSION OF PRINCIPAL POLITICAL COMMITTEE. A candidate or
2-21 officeholder is civilly liable for an act or omission by the
2-22 person's principal political committee in connection with a
2-23 requirement or prohibition prescribed by this title only if the
2-24 person authorized, requested, commanded, performed, or recklessly
2-25 or negligently tolerated the act or omission.
2-26 Sec. 253.205. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
2-27 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
3-1 (b), a candidate or officeholder may not knowingly accept a
3-2 political contribution in connection with the person's own
3-3 candidacy or office.
3-4 (b) A candidate or officeholder may accept a political
3-5 contribution on behalf of the person's principal political
3-6 committee unless the committee itself would be prohibited from
3-7 accepting the contribution.
3-8 Sec. 253.206. LIMIT ON CONTRIBUTION BY CHILD. (a) A child
3-9 may not knowingly make or authorize political contributions to the
3-10 principal political committee of a candidate or officeholder that,
3-11 in connection with each election in which the candidate or
3-12 officeholder is involved, in the aggregate exceed $50.
3-13 (b) A person may not knowingly accept a political
3-14 contribution, and shall refuse a political contribution that is
3-15 received, in violation of Subsection (a).
3-16 (c) In this section, "child" means a person under 18 years
3-17 of age who is not and has not been married or who has not had the
3-18 disabilities of minority removed for general purposes.
3-19 Sec. 253.207. NOTICE REQUIRED FOR CERTAIN DIRECT CAMPAIGN
3-20 EXPENDITURES. (a) A person other than the principal political
3-21 committee of the state executive committee or a county executive
3-22 committee of a political party may not make a direct campaign
3-23 expenditure for the purpose of supporting or opposing one or more
3-24 candidates unless the person files with the commission and the
3-25 principal political committee of each candidate whom the
3-26 expenditure benefits a written declaration of the person's intent
3-27 to make the expenditure not later than 72 hours before the
4-1 expenditure is made. The declaration must include the amount of
4-2 the expenditure.
4-3 (b) The commission shall file a declaration received under
4-4 Subsection (a) with the records of the principal political
4-5 committee of each candidate whom the political expenditure
4-6 benefits. Not later than 24 hours after receiving a declaration
4-7 under Subsection (a), the commission shall deliver a copy of the
4-8 declaration by telephonic facsimile machine or overnight mail to
4-9 the principal political committee of each candidate who opposes the
4-10 candidate whom the expenditure benefits. For purposes of this
4-11 section, a political expenditure that opposes a candidate is
4-12 considered to benefit each candidate for the office other than the
4-13 opposed candidate.
4-14 (c) A political expenditure made by a political committee or
4-15 other association that consists only of costs incurred in
4-16 contacting the committee's or association's dues-paying membership
4-17 may be made without the declaration required by Subsection (a).
4-18 (d) This section does not apply to a political expenditure
4-19 by a candidate's principal political committee in connection with
4-20 the candidate's election.
4-21 Sec. 253.208. FAIR CAMPAIGN SPENDING FUND. (a) The fair
4-22 campaign spending fund is a special account in the general revenue
4-23 fund.
4-24 (b) The fair campaign spending fund consists of:
4-25 (1) damages recovered under Section 253.133 for
4-26 violations of this subchapter;
4-27 (2) civil penalties imposed under Section 571.173,
5-1 Government Code, for violations of this subchapter; and
5-2 (3) any gifts or grants received by the commission
5-3 under Subsection (f).
5-4 (c) The fair campaign spending fund may be used only for:
5-5 (1) voter education projects that relate to campaigns
5-6 for offices covered by this subchapter; and
5-7 (2) payment of costs incurred in imposing civil
5-8 penalties for violations of this subchapter.
5-9 (d) To the extent practicable, the fund shall be permitted
5-10 to accumulate until the balance is sufficient to permit the
5-11 publication of a voter's guide as provided by Section 253.209.
5-12 (e) The commission may use money in the fair campaign
5-13 spending fund to produce public service announcements to educate
5-14 voters about this subchapter.
5-15 (f) The commission may accept gifts and grants for the
5-16 purposes described by Subsections (c)(1), (d), and (e). Funds
5-17 received under this subsection shall be deposited to the credit of
5-18 the fair campaign spending fund.
5-19 (g) The fair campaign spending fund is exempt from Section
5-20 403.095, Government Code.
5-21 Sec. 253.209. VOTER'S GUIDE. (a) If the necessary money is
5-22 available under Section 253.208, the commission may publish a
5-23 voter's guide listing candidates for offices covered by this
5-24 subchapter, their backgrounds, and similar information.
5-25 (b) The commission shall adopt rules under which a candidate
5-26 must provide information to the commission for inclusion in the
5-27 voter's guide. The rules may not restrict the content of a
6-1 candidate's information by any means other than prescribing a
6-2 maximum length.
6-3 (c) Not later than the seventh day before the date early
6-4 voting by mail begins, the commission shall:
6-5 (1) make the voter's guide available for publication
6-6 by newspapers in each part of the state;
6-7 (2) make the voter's guide available through the
6-8 Internet; and
6-9 (3) make the voter's guide available through the
6-10 comptroller's state government electronic billboard.
6-11 (d) In this section, "Internet" means the largest
6-12 nonproprietary nonprofit cooperative public computer network,
6-13 popularly known as the Internet.
6-14 SECTION 2. Section 84.001, Election Code, is amended to read
6-15 as follows:
6-16 Sec. 84.001. APPLICATION REQUIRED. (a) To be entitled to
6-17 vote an early voting ballot by mail, a person who is eligible for
6-18 early voting must make an application for an early voting ballot to
6-19 be voted by mail as provided by this title.
6-20 (b) An application must be in writing and signed by the
6-21 applicant.
6-22 (c) An applicant is not required to use an official
6-23 application form.
6-24 (d) An applicant may not use an application form that is
6-25 part of or is included with a campaign communication or political
6-26 advertising, as defined by Section 251.001, unless the application
6-27 form and campaign communication or political advertising are
7-1 provided to the applicant by:
7-2 (1) an individual, candidate, or officeholder not
7-3 working in concert with another person; or
7-4 (2) the principal political committee of the state
7-5 executive committee or a county executive committee of a political
7-6 party.
7-7 (e) An applicant for a ballot to be voted by mail may apply
7-8 for ballots for the main election and any resulting runoff election
7-9 on the same application. The timeliness of the application for
7-10 both elections is determined in relation to the main election.
7-11 However, if the application is not timely for the main election,
7-12 the timeliness of the application for the runoff election is
7-13 determined in relation to that election.
7-14 (f) [(e)] A person who has not made an application as
7-15 provided by this title is not entitled to receive an early voting
7-16 ballot to be voted by mail.
7-17 SECTION 3. Section 251.001, Election Code, is amended by
7-18 amending Subdivisions (14) and (16) and adding Subdivision (21) to
7-19 read as follows:
7-20 (14) "General-purpose committee" means a political
7-21 committee that has among its principal purposes:
7-22 (A) supporting or opposing:
7-23 (i) two or more candidates who are
7-24 unidentified or are seeking offices that are unknown; or
7-25 (ii) one or more unidentified measures
7-26 [that are unidentified]; or
7-27 (B) assisting two or more officeholders who are
8-1 unidentified.
8-2 (16) "Political advertising" means a communication
8-3 supporting or opposing a candidate for nomination or election to a
8-4 public office or office of a political party, a political party, a
8-5 public officer, or a measure that:
8-6 (A) in return for consideration[,] is:
8-7 (i) published in a newspaper, magazine, or
8-8 other periodical;
8-9 (ii) [or is] broadcast by radio or
8-10 television; or
8-11 (iii) delivered through the use of an
8-12 automated dial announcing device, as defined by Section 55.121,
8-13 Utility Code; or
8-14 (B) appears in a pamphlet, circular, flier,
8-15 billboard or other sign, bumper sticker, or similar form of written
8-16 communication.
8-17 (21) "Unidentified measure" means a question or
8-18 proposal that is intended to be submitted in an election for an
8-19 expression of the voters' will and that is not yet legally required
8-20 to be submitted in an election. The term does not include the
8-21 circulation or submission of a petition to determine whether a
8-22 question or proposal is required to be submitted in an election for
8-23 an expression of the voters' will.
8-24 SECTION 4. Section 253.003(c), Election Code, is amended to
8-25 read as follows:
8-26 (c) This section does not apply to a political contribution
8-27 made or accepted in violation of Subchapter F or G.
9-1 SECTION 5. Section 253.004(b), Election Code, is amended to
9-2 read as follows:
9-3 (b) This section does not apply to a political expenditure
9-4 made or authorized in violation of Subchapter F or G.
9-5 SECTION 6. Section 253.134, Election Code, is amended to
9-6 read as follows:
9-7 Sec. 253.134. Civil Penalties Imposed by Commission. (a)
9-8 This title does not prohibit the imposition of civil penalties by
9-9 the commission in addition to criminal penalties or other sanctions
9-10 imposed by law.
9-11 (b) The commission, subject to approval of the attorney
9-12 general, may contract with a nongovernmental entity to collect a
9-13 civil penalty imposed under Section 571.173, Government Code, for a
9-14 violation of this chapter that is not paid before the 120th day
9-15 after the date it is imposed.
9-16 SECTION 7. Section 254.031, Election Code, is amended to
9-17 read as follows:
9-18 Sec. 254.031. General Contents of Reports. (a) Except as
9-19 otherwise provided by this chapter, each report filed under this
9-20 chapter must include:
9-21 (1) the amount of political contributions from each
9-22 person that in the aggregate exceed $50 and that are accepted
9-23 during the reporting period by the person or committee required to
9-24 file a report under this chapter, the full name and address of the
9-25 person making the contributions, and the dates of the
9-26 contributions;
9-27 (2) for each individual from whom the person or
10-1 committee required to file the report has accepted political
10-2 contributions that in the aggregate exceed $100 and that are
10-3 accepted during the reporting period:
10-4 (A) the individual's principal occupation or job
10-5 title;
10-6 (B) the full name of the individual's employer,
10-7 if any; and
10-8 (C) if the person required to file the report is
10-9 a candidate or officeholder, the aggregate total of political
10-10 contributions accepted from the individual since the date of the
10-11 last general election for the office sought by the candidate or
10-12 held by the officeholder, other than a contribution designated in
10-13 writing for that general election;
10-14 (3) the amount of loans that are made during the
10-15 reporting period for campaign or officeholder purposes to the
10-16 person or committee required to file the report and that in the
10-17 aggregate exceed $50, the dates the loans are made, the interest
10-18 rate, the maturity date, the type of collateral for the loans, if
10-19 any, the full name and address of the person or financial
10-20 institution making the loans, the full name and address, principal
10-21 occupation, and name of the employer of each guarantor of the
10-22 loans, the amount of the loans guaranteed by each guarantor, and
10-23 the aggregate principal amount of all outstanding loans as of the
10-24 last day of the reporting period;
10-25 (4) [(3)] the amount of political expenditures that in
10-26 the aggregate exceed $50 and that are made during the reporting
10-27 period, the full name and address of the persons to whom the
11-1 expenditures are made, and the dates and purposes of the
11-2 expenditures;
11-3 (5) [(4)] the amount of each payment made during the
11-4 reporting period from a political contribution if the payment is
11-5 not a political expenditure, the full name and address of the
11-6 person to whom the payment is made, and the date and purpose of the
11-7 payment;
11-8 (6) [(5)] the total amount or a specific listing of
11-9 the political contributions of $50 or less accepted and the total
11-10 amount or a specific listing of the political expenditures of $50
11-11 or less made during the reporting period;
11-12 (7) [(6)] the total amount of all political
11-13 contributions accepted and the total amount of all political
11-14 expenditures made during the reporting period; and
11-15 (8) [(7)] the name of each candidate or officeholder
11-16 who benefits from a direct campaign expenditure made during the
11-17 reporting period by the person or committee required to file the
11-18 report, and the office sought or held, excluding a direct campaign
11-19 expenditure that is made by the principal political committee of a
11-20 political party on behalf of a slate of two or more nominees of
11-21 that party.
11-22 (b) A person is considered to be in compliance with
11-23 Subsection (a)(2) if the person or the person's campaign treasurer
11-24 shows that best efforts have been used to obtain, maintain, and
11-25 report the information required by that subsection.
11-26 (c) If no reportable activity occurs during a reporting
11-27 period, the person required to file a report shall indicate that
12-1 fact in the report.
12-2 SECTION 8. Section 254.061, Election Code, is amended to
12-3 read as follows:
12-4 Sec. 254.061. Additional Contents of Reports. In addition
12-5 to the contents required by Section 254.031, each report by a
12-6 candidate must include:
12-7 (1) the candidate's full name and address, the office
12-8 sought, and the identity and date of the election for which the
12-9 report is filed;
12-10 (2) the campaign treasurer's name, residence or
12-11 business street address, and telephone number;
12-12 (3) for each political committee from which the
12-13 candidate received notice under Section 254.128 or 254.161:
12-14 (A) the committee's full name and address;
12-15 (B) an indication of whether the committee is a
12-16 general-purpose committee or a specific-purpose committee; [and]
12-17 (C) the full name and address of the committee's
12-18 campaign treasurer; and
12-19 (D) the amount of each political contribution or
12-20 political expenditure;
12-21 (4) the full name and address of each individual
12-22 acting as a campaign treasurer of a political committee under
12-23 Section 253.062 from whom the candidate received notice under
12-24 Section 254.128 or 254.161; and
12-25 (5) on a separate page or pages of the report, the
12-26 identification of any payment from political contributions made to
12-27 a business in which the candidate has a participating interest of
13-1 more than 10 percent, holds a position on the governing body of the
13-2 business, or serves as an officer of the business.
13-3 SECTION 9. Subchapter C, Chapter 254, Election Code, is
13-4 amended by adding Section 254.0612 to read as follows:
13-5 Sec. 254.0612. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
13-6 EXECUTIVE OR LEGISLATIVE CANDIDATE; ADDITIONAL CONTENTS. (a) The
13-7 principal political committee of a candidate for an office covered
13-8 by Subchapter G, Chapter 253, shall comply with this chapter as if
13-9 the committee were a candidate.
13-10 (b) In addition to the contents required by Sections 254.031
13-11 and 254.061, each report by the principal political committee of a
13-12 candidate for an office covered by Subchapter G, Chapter 253, must
13-13 include for each political expenditure made by the candidate from
13-14 the candidate's personal funds or other assets, the information
13-15 required by Section 254.031(a)(4).
13-16 (c) In this section, "principal political committee of a
13-17 candidate" means a specific-purpose committee established under
13-18 Section 253.203 for supporting a candidate.
13-19 SECTION 10. Section 254.091, Election Code, is amended to
13-20 read as follows:
13-21 Sec. 254.091. Additional Contents of Reports. In addition
13-22 to the contents required by Section 254.031, each report by an
13-23 officeholder must include:
13-24 (1) the officeholder's full name and address and the
13-25 office held;
13-26 (2) for each political committee from which the
13-27 officeholder received notice under Section 254.128 or 254.161:
14-1 (A) the committee's full name and address;
14-2 (B) an indication of whether the committee is a
14-3 general-purpose committee or a specific-purpose committee; [and]
14-4 (C) the full name and address of the committee's
14-5 campaign treasurer; and
14-6 (D) the amount of each political contribution or
14-7 political expenditure; and
14-8 (3) on a separate page or pages of the report, the
14-9 identification of any payment from political contributions made to
14-10 a business in which the officeholder has a participating interest
14-11 of more than 10 percent, holds a position on the governing body of
14-12 the business, or serves as an officer of the business.
14-13 SECTION 11. Subchapter D, Chapter 254, Election Code, is
14-14 amended by adding Section 254.0912 to read as follows:
14-15 Sec. 254.0912. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
14-16 EXECUTIVE OR LEGISLATIVE OFFICEHOLDER; ADDITIONAL CONTENTS. (a)
14-17 The principal political committee of an officeholder covered by
14-18 Subchapter G, Chapter 253, shall comply with this chapter as if the
14-19 committee were an officeholder.
14-20 (b) In addition to the contents required by Sections 254.031
14-21 and 254.091, each report by the principal political committee of an
14-22 officeholder covered by Subchapter G, Chapter 253, must include the
14-23 contents prescribed by Section 254.0612.
14-24 (c) In this section, "principal political committee of an
14-25 officeholder" means a specific-purpose committee established under
14-26 Section 253.203 for assisting an officeholder.
14-27 SECTION 12. Section 254.128, Election Code, is amended to
15-1 read as follows:
15-2 Sec. 254.128. Notice to Candidate and Officeholder of
15-3 Contributions and Expenditures. (a) If a specific-purpose
15-4 committee accepts political contributions or makes political
15-5 expenditures for a candidate or officeholder, the committee's
15-6 campaign treasurer shall deliver written notice of that fact to the
15-7 affected candidate or officeholder not later than the end of the
15-8 period covered by the report in which the reportable activity
15-9 occurs.
15-10 (b) The notice must include:
15-11 (1) the full name and address of the political
15-12 committee and its campaign treasurer;
15-13 (2) [and] an indication that the committee is a
15-14 specific-purpose committee; and
15-15 (3) the amount of each political contribution accepted
15-16 or political expenditure made.
15-17 (c) For purposes of this section, a specific-purpose
15-18 committee that makes a political expenditure that benefits more
15-19 than one candidate or officeholder shall, in compliance with rules
15-20 adopted by the commission, allocate a portion of the expenditure to
15-21 each candidate or officeholder whom the expenditure benefits in
15-22 proportion to the benefit received by the candidate or
15-23 officeholder. For purposes of this subsection:
15-24 (1) a political expenditure for supporting a candidate
15-25 or assisting an officeholder benefits each candidate or
15-26 officeholder supported or assisted; and
15-27 (2) a political expenditure for opposing a candidate
16-1 benefits each opponent of the candidate.
16-2 (d) A campaign treasurer commits an offense if the campaign
16-3 treasurer fails to comply with this section. An offense under this
16-4 section is a Class A misdemeanor.
16-5 SECTION 13. Subchapter F, Chapter 254, Election Code, is
16-6 amended by adding Sections 254.1511 and 254.1512 to read as
16-7 follows:
16-8 Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
16-9 POLITICAL PARTY; ADDITIONAL CONTENTS. (a) Each report by the
16-10 principal political committee of the state executive committee of a
16-11 political party must list the political contributions and political
16-12 expenditures made in connection with each candidate or officeholder
16-13 on a separate schedule.
16-14 (b) In addition to the contents required by Sections 254.031
16-15 and 254.151, each report by the principal political committee of
16-16 the state executive committee of a political party must include,
16-17 for each candidate for or holder of an office covered by Subchapter
16-18 G, Chapter 253, for whose benefit the committee makes a political
16-19 contribution or political expenditure in the calendar year:
16-20 (1) the total amount of political contributions made
16-21 during the calendar year to the principal political committee of
16-22 the candidate or officeholder; and
16-23 (2) the total amount of political expenditures made
16-24 during the calendar year for the benefit of the candidate or
16-25 officeholder.
16-26 (c) In this section, "principal political committee of a
16-27 candidate or officeholder" has the meaning assigned by Section
17-1 253.202.
17-2 Sec. 254.1512. CONTENTS OF REPORTS OF FEDERALLY REGISTERED
17-3 COMMITTEE. (a) This section applies only to a general-purpose
17-4 committee that is registered under Subchapter I, Chapter 14, Title
17-5 2, United States Code.
17-6 (b) Each report by the campaign treasurer of a
17-7 general-purpose committee to which this section applies must
17-8 include the contents required by Sections 254.031 and 254.151,
17-9 except as provided by this section.
17-10 (c) Instead of the information required by Sections
17-11 254.031(a)(1)-(4) and (6), the committee's report must include:
17-12 (1) for each political contribution accepted during
17-13 the reporting period by the committee that, when aggregated with
17-14 each other political contribution accepted by the committee during
17-15 the calendar year from the person making the contribution, exceeds
17-16 $200:
17-17 (A) the amount of the contribution;
17-18 (B) the full name and address and principal
17-19 occupation of the person making the contribution; and
17-20 (C) the date of the contribution;
17-21 (2) for each loan made during the reporting period to
17-22 the committee for campaign purposes that, when aggregated with each
17-23 other loan made to the committee during the calendar year by the
17-24 person making the loan, exceeds $200:
17-25 (A) the amount of the loan;
17-26 (B) the full name and address of the person or
17-27 financial institution making the loan;
18-1 (C) the date of the loan;
18-2 (D) the interest rate;
18-3 (E) the maturity date;
18-4 (F) the type of collateral for the loan, if any;
18-5 (G) the full name and address, principal
18-6 occupation, and name of the employer of each guarantor of the loan;
18-7 and
18-8 (H) the amount of the loan guaranteed by each
18-9 guarantor;
18-10 (3) for each political expenditure made during the
18-11 reporting period by the committee that, when aggregated with each
18-12 other political expenditure made by the committee during the
18-13 calendar year to the person, exceeds $200:
18-14 (A) the amount of the expenditure;
18-15 (B) the full name and address of the person to
18-16 whom the expenditure is made; and
18-17 (C) the date of the expenditure;
18-18 (4) the total amount or a specific listing of the
18-19 political contributions of $200 or less accepted and the total
18-20 amount of political expenditures of $200 or less made during the
18-21 reporting period; and
18-22 (5) the aggregate principal amount of all outstanding
18-23 loans as of the last day of the reporting period.
18-24 (d) The committee's report need not include the amount of a
18-25 payment that is reported as a contribution under Subchapter I,
18-26 Chapter 14, Title 2, United States Code.
18-27 (e) Section 254.156 does not apply to a committee to which
19-1 this section applies.
19-2 (f) Notwithstanding Section 571.065, Government Code, a
19-3 committee to which this section applies may report the information
19-4 required by Subsection (c) on a form adopted or accepted by the
19-5 Federal Elections Commission.
19-6 SECTION 14. Section 254.203(a), Election Code, is amended to
19-7 read as follows:
19-8 (a) A person may not retain political contributions covered
19-9 by this title, assets purchased with the contributions, or interest
19-10 and other income earned on the contributions for more than six
19-11 years after the later of:
19-12 (1) the date the person [either] ceases to be an
19-13 officeholder; or
19-14 (2) the date of the most recent election in which the
19-15 person was a candidate [or files a final report under this chapter,
19-16 whichever is later].
19-17 SECTION 15. Section 254.204(a), Election Code, is amended to
19-18 read as follows:
19-19 (a) At the end of the six-year period prescribed by Section
19-20 254.203, the former officeholder or candidate shall remit any
19-21 unexpended political contributions to one or more of the following:
19-22 (1) the political party with which the person was
19-23 affiliated or aligned when the person's name last appeared on a
19-24 ballot;
19-25 (2) a candidate or political committee;
19-26 (3) the comptroller [of public accounts] for deposit
19-27 in the state treasury [State Treasury];
20-1 (4) one or more persons from whom political
20-2 contributions were received, in accordance with Subsection (d);
20-3 (5) a recognized tax-exempt, charitable organization
20-4 formed for educational, religious, or scientific purposes; [or]
20-5 (6) a public or private postsecondary educational
20-6 institution or an institution of higher education as defined by
20-7 Section 61.003[(8)], Education Code, solely for the purpose of
20-8 assisting or creating a scholarship program; or
20-9 (7) the commission for deposit in the fair campaign
20-10 spending fund under Section 253.208.
20-11 SECTION 16. Section 255.001(a), Election Code, is amended to
20-12 read as follows:
20-13 (a) A person may not knowingly enter into a contract or
20-14 other agreement to print, copy, publish, or broadcast political
20-15 advertising that does not indicate in the advertising:
20-16 (1) that it is political advertising; and
20-17 (2) the full name and address of:
20-18 (A) [either] the individual who caused the
20-19 advertising to be printed, copied, published, or broadcast;
20-20 (B) the campaign treasurer of the candidate,
20-21 officeholder, or political committee on whose behalf the
20-22 advertising is printed, copied, published, or broadcast; or
20-23 (C) the candidate, officeholder, or political
20-24 committee on whose behalf the advertising is printed, copied,
20-25 published, or broadcast [personally entered into the contract or
20-26 agreement with the printer, publisher, or broadcaster or the person
20-27 that individual represents; and]
21-1 [(3) in the case of advertising that is printed or
21-2 published, the address of either the individual who personally
21-3 entered into the agreement with the printer or publisher or the
21-4 person that individual represents].
21-5 SECTION 17. Chapter 255, Election Code, is amended by adding
21-6 Section 255.009 to read as follows:
21-7 Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING CONCERNING
21-8 CERTAIN UNPAID CIVIL PENALTIES. (a) Political advertising by a
21-9 person who fails to pay a civil penalty imposed by the commission
21-10 for a violation of this title must, in addition to any other
21-11 disclosure required under this chapter, include the following
21-12 statement: "(Name of candidate or committee) has failed to pay a
21-13 civil penalty imposed by the Texas Ethics Commission for a
21-14 violation of Title 15, Election Code."
21-15 (b) The commission shall adopt rules providing for:
21-16 (1) the minimum size of the disclosure required by
21-17 this section in political advertising that appears on television or
21-18 in writing; and
21-19 (2) the minimum duration of the disclosure required by
21-20 this section in political advertising that appears on television or
21-21 radio.
21-22 (c) Subsection (a) does not apply to a civil penalty imposed
21-23 by the commission that is the subject of an appeal under Section
21-24 571.133, Government Code.
21-25 (d) A person who violates this section commits an offense.
21-26 An offense under this section is a Class A misdemeanor.
21-27 SECTION 18. Title 15, Election Code, is amended by adding
22-1 Chapter 256 to read as follows:
22-2 CHAPTER 256. POLITICAL CONSULTANTS
22-3 Sec. 256.001. DEFINITIONS. In this chapter:
22-4 (1) "Political consultant" means a person required to
22-5 register under Section 256.002.
22-6 (2) "Political services" includes:
22-7 (A) providing advice on political strategy,
22-8 voter demographics, or the content or distribution of political
22-9 advertising;
22-10 (B) seeking the endorsement of an individual or
22-11 organization; and
22-12 (C) polling.
22-13 Sec. 256.002. PERSONS REQUIRED TO REGISTER. (a) A person
22-14 shall register with the commission under this chapter if the person
22-15 receives or agrees to receive compensation of more than an amount
22-16 determined by commission rule but not less than $200 in a calendar
22-17 quarter from a candidate, officeholder, political committee, or
22-18 political party to provide political services in connection with a
22-19 statewide or district office or a statewide measure.
22-20 (b) A person is not required to register under this chapter
22-21 if the person receives compensation for providing political
22-22 services only as an employee of a candidate, officeholder,
22-23 political committee, or political party.
22-24 (c) A person who knowingly fails to register as required by
22-25 this chapter commits an offense. An offense under this section is
22-26 a Class A misdemeanor.
22-27 Sec. 256.003. REGISTRATION. (a) Each person required to
23-1 register under this chapter shall file with the commission a
23-2 written registration accompanied by a registration fee.
23-3 (b) A registration filed under this chapter expires January
23-4 1 of each year unless the political consultant files with the
23-5 commission a written renewal of registration accompanied by a
23-6 renewal fee. The political consultant may file the registration
23-7 renewal at any time in December preceding the expiration of the
23-8 registration.
23-9 (c) The registration fee and registration renewal fee are
23-10 $300.
23-11 (d) A person required to register under this chapter who has
23-12 not registered or whose registration has expired:
23-13 (1) shall file the registration and fee not later than
23-14 the fifth day after the date the person first provides political
23-15 services to a candidate, officeholder, political committee, or
23-16 political party; and
23-17 (2) may not accept compensation before the person
23-18 files the registration.
23-19 (e) The registration must contain:
23-20 (1) the person's full name and address; and
23-21 (2) the person's business telephone number and
23-22 business address.
23-23 (f) If a change occurs in the information required to be
23-24 reported by a person under this section and that changed
23-25 information is not timely reported on a report due under Section
23-26 256.004, the person shall file an amended statement reflecting the
23-27 change with the commission not later than the date the next report
24-1 is due under Section 256.004.
24-2 Sec. 256.004. ACTIVITIES REPORT. (a) Each political
24-3 consultant shall file with the commission a report concerning the
24-4 activities described by this section.
24-5 (b) The report must contain, for each candidate,
24-6 officeholder, political committee, or political party to whom the
24-7 political consultant provides political services in the reporting
24-8 period:
24-9 (1) the name and address of the candidate,
24-10 officeholder, political committee, or political party;
24-11 (2) a description of the political services provided;
24-12 and
24-13 (3) the amount of compensation received in the
24-14 reporting period for the political services.
24-15 Sec. 256.005. REPORTING SCHEDULE. (a) A political
24-16 consultant shall file two reports for each year as provided by this
24-17 section.
24-18 (b) The first report shall be filed not later than July 15.
24-19 The report covers the period beginning January 1, the day the
24-20 political consultant's registration is filed, or the first day
24-21 after the period covered by the last report required to be filed
24-22 under this chapter, as applicable, and continuing through June 30.
24-23 (c) The second report shall be filed not later than January
24-24 15. The report covers the period beginning July 1, the day the
24-25 political consultant's registration is filed, or the first day
24-26 after the period covered by the last report required to be filed
24-27 under this chapter, as applicable, and continuing through December
25-1 31.
25-2 Sec. 256.006. APPLICABILITY OF CHAPTER 254. Subchapters A
25-3 and B, Chapter 254, apply to registrations, reportable activity,
25-4 and reports filed under this chapter, except to the extent
25-5 inconsistent with this chapter.
25-6 SECTION 19. (a) This Act takes effect September 1, 1999.
25-7 (b) Not later than September 15, 1999, each candidate for or
25-8 holder of an office covered by Subchapter G, Chapter 253, Election
25-9 Code, as added by this Act, shall file with the Texas Ethics
25-10 Commission a designation of the person's principal political
25-11 committee as required by Section 253.203, Election Code, as added
25-12 by this Act.
25-13 (c) Subchapter G, Chapter 253, Election Code, as added by
25-14 this Act, applies only to a political contribution accepted or a
25-15 political expenditure made on or after September 1, 1999. A
25-16 political contribution accepted or a political expenditure made
25-17 before that date is governed by the law in effect at the time the
25-18 contribution was accepted or the expenditure was made.
25-19 (d) The change in law made to Sections 254.128 and 255.001,
25-20 Election Code, by this Act applies only to an offense committed on
25-21 or after September 1, 1999. For the purposes of this section, an
25-22 offense is committed before September 1, 1999, if any element of
25-23 the offense occurs before that date.
25-24 (e) An offense under Section 254.128 or 255.001, Election
25-25 Code, that is committed before September 1, 1999, is covered by the
25-26 law in effect when the offense was committed, and the former law is
25-27 continued in effect for this purpose.
26-1 (f) Sections 254.061, 254.091, and 254.128, Election Code,
26-2 as amended by this Act, and Sections 254.0612, 254.0912, 254.1511,
26-3 and 254.1512, Election Code, as added by this Act, apply to the
26-4 reporting of a political contribution accepted or political
26-5 expenditure made on or after September 1, 1999. The reporting of a
26-6 political contribution accepted or a political expenditure made
26-7 before that date is governed by the law in effect at the time the
26-8 contribution or expenditure was accepted or made, and the former
26-9 law is continued in effect for that purpose.
26-10 (g) Notwithstanding Section 254.203, Election Code, as that
26-11 section existed before amendment by this Act, a person who ceased
26-12 to be an officeholder or who was last a candidate in an election
26-13 before September 1, 1993, shall, not later than January 1, 2000,
26-14 dispose of unexpended political contributions, assets purchased
26-15 with political contributions, and interest or other income earned
26-16 on political contributions in compliance with Section 254.203,
26-17 Election Code, as amended by this Act. A person who ceased to be
26-18 an officeholder or candidate on or after September 1, 1993, shall
26-19 dispose of unexpended political contributions, assets purchased
26-20 with political contributions, and interest or other income earned
26-21 on political contributions in compliance with Section 254.203,
26-22 Election Code, as amended by this Act, regardless of whether the
26-23 person has filed a final report under Chapter 254, Election Code.
26-24 SECTION 20. The importance of this legislation and the
26-25 crowded condition of the calendars in both houses create an
26-26 emergency and an imperative public necessity that the
26-27 constitutional rule requiring bills to be read on three several
27-1 days in each house be suspended, and this rule is hereby suspended.