By Madden                                             H.B. No. 1215
         76R2128 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the reporting of offers of money made to candidates,
 1-3     officeholders, and political committees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 251.001(2), (3), and (4), Election Code,
 1-6     are amended to read as follows:
 1-7                 (2)  "Contribution" means a direct or indirect transfer
 1-8     of money, goods, services, or any other thing of value and includes
 1-9     a legally enforceable [an] agreement made or other obligation
1-10     incurred[, whether legally enforceable or not,] to make a transfer.
1-11     The term includes a loan or extension of credit, other than those
1-12     expressly excluded by this subdivision, and a guarantee of a loan
1-13     or extension of credit, including a loan described by this
1-14     subdivision.  The term does not include:
1-15                       (A)  a loan made in the due course of business by
1-16     a corporation that is legally engaged in the business of lending
1-17     money and that has conducted the business continuously for more
1-18     than one year before the loan is made; or
1-19                       (B)  an expenditure required to be reported under
1-20     Section 305.006(b), Government Code.
1-21                 (3)  "Campaign contribution" means a contribution to a
1-22     candidate or political committee that is [offered or] given with
1-23     the intent that it be used in connection with a campaign for
1-24     elective office or on a measure.  Whether a contribution is made
 2-1     before, during, or after an election does not affect its status as
 2-2     a campaign contribution.
 2-3                 (4)  "Officeholder contribution" means a contribution
 2-4     to an officeholder or political committee that is [offered or]
 2-5     given with the intent that it be used to defray expenses that:
 2-6                       (A)  are incurred by the officeholder in
 2-7     performing a duty or engaging in an activity in connection with the
 2-8     office; and
 2-9                       (B)  are not reimbursable with public money.
2-10           SECTION 2.  Section 254.061, Election Code, is amended to
2-11     read as follows:
2-12           Sec. 254.061.  ADDITIONAL CONTENTS OF REPORTS.  (a)  In
2-13     addition to the contents required by Section 254.031, each report
2-14     by a candidate must include:
2-15                 (1)  the candidate's full name and address, the office
2-16     sought, and the identity and date of the election for which the
2-17     report is filed;
2-18                 (2)  the campaign treasurer's name, residence or
2-19     business street address, and telephone number;
2-20                 (3)  for each political committee from which the
2-21     candidate received notice under Section 254.128 or 254.161:
2-22                       (A)  the committee's full name and address;
2-23                       (B)  an indication of whether the committee is a
2-24     general-purpose committee or a specific-purpose committee; and
2-25                       (C)  the full name and address of the committee's
2-26     campaign treasurer;
2-27                 (4)  the full name and address of each individual
 3-1     acting as a campaign treasurer of a political committee under
 3-2     Section 253.062 from whom the candidate received notice under
 3-3     Section 254.128 or 254.161; [and]
 3-4                 (5)  on a separate page or pages of the report, the
 3-5     identification of any payment from political contributions made to
 3-6     a business in which the candidate has a participating interest of
 3-7     more than 10 percent, holds a position on the governing body of the
 3-8     business, or serves as an officer of the business; and
 3-9                 (6)  the name of any person who made an offer of money
3-10     to the candidate during the reporting period with the intent that
3-11     it be used in connection with the candidate's campaign if:
3-12                       (A)  the offer is for $1,000 or more;
3-13                       (B)  the candidate has reason to believe the
3-14     offer is for $1,000 or more; or
3-15                       (C)  the offer is to cover 10 percent or more of
3-16     the total anticipated costs of the campaign.
3-17           (b)  The report filed not later than January 15 of each
3-18     odd-numbered year must also include the name of each person who
3-19     made an offer of money to the candidate with the intent that it be
3-20     used in connection with the candidate's campaign, if the offered
3-21     money was not received by the candidate, and the amount of the
3-22     offer.  The information required by this subsection is for the
3-23     period beginning January 1 of the preceding odd-numbered year or
3-24     the date the candidate's campaign treasurer appointment is filed,
3-25     as applicable, and continuing through December 31 of the preceding
3-26     even-numbered year.
3-27           SECTION 3.  Section 254.091, Election Code, is amended to
 4-1     read as follows:
 4-2           Sec. 254.091.  ADDITIONAL CONTENTS OF REPORTS.  (a)  In
 4-3     addition to the contents required by Section 254.031, each report
 4-4     by an officeholder must include:
 4-5                 (1)  the officeholder's full name and address and the
 4-6     office held;
 4-7                 (2)  for each political committee from which the
 4-8     officeholder received notice under Section 254.128 or 254.161:
 4-9                       (A)  the committee's full name and address;
4-10                       (B)  an indication of whether the committee is a
4-11     general-purpose committee or a specific-purpose committee; and
4-12                       (C)  the full name and address of the committee's
4-13     campaign treasurer; [and]
4-14                 (3)  on a separate page or pages of the report, the
4-15     identification of any payment from political contributions made to
4-16     a business in which the officeholder has a participating interest
4-17     of more than 10 percent, holds a position on the governing body of
4-18     the business, or serves as an officer of the business; and
4-19                 (4)  the name of any person who made an offer of money
4-20     to the officeholder during the reporting period with the intent
4-21     that it be used to defray officeholder expenses that are not
4-22     reimbursable with public money if:
4-23                       (A)  the offer is for $1,000 or more; or
4-24                       (B)  the officeholder has reason to believe the
4-25     offer is for $1,000 or more.
4-26           (b)  The report filed not later than January 15 of each
4-27     odd-numbered year must also include the name of each person who
 5-1     made an offer of money to the officeholder with the intent that it
 5-2     be used to defray officeholder expenses that are not reimbursable
 5-3     with public money, if the offered money was not received by the
 5-4     officeholder, and the amount of the offer.  The information
 5-5     required by this subsection is for the period beginning January 1
 5-6     of the preceding odd-numbered year or the date the officeholder
 5-7     takes office, as applicable, and continuing through December 31 of
 5-8     the preceding even-numbered year.
 5-9           SECTION 4.  Section 254.121, Election Code, is amended to
5-10     read as follows:
5-11           Sec. 254.121.  ADDITIONAL CONTENTS OF REPORTS.  (a)  In
5-12     addition to the contents required by Section 254.031, each report
5-13     by a campaign treasurer of a specific-purpose committee must
5-14     include:
5-15                 (1)  the committee's full name and address;
5-16                 (2)  the full name, residence or business street
5-17     address, and telephone number of the committee's campaign
5-18     treasurer;
5-19                 (3)  the identity and date of the election for which
5-20     the report is filed, if applicable;
5-21                 (4)  the name of each candidate and each measure
5-22     supported or opposed by the committee, indicating for each whether
5-23     the committee supports or opposes;
5-24                 (5)  the name of each officeholder assisted by the
5-25     committee;
5-26                 (6)  the amount of each political expenditure in the
5-27     form of a political contribution that is made to a candidate,
 6-1     officeholder, or another political committee and that is returned
 6-2     to the committee during the reporting period, the name of the
 6-3     person to whom the expenditure was originally made, and the date it
 6-4     is returned;
 6-5                 (7)  on a separate page or pages of the report, the
 6-6     identification of any payment from political contributions made to
 6-7     a business in which the candidate or officeholder has a
 6-8     participating interest of more than 10 percent, holds a position on
 6-9     the governing body of the business, or serves as an officer of the
6-10     business; [and]
6-11                 (8)  on a separate page or pages of the report, the
6-12     identification of any contribution from a corporation or labor
6-13     organization made and accepted under Subchapter D, Chapter 253; and
6-14                 (9)  the name of any person who made an offer of money
6-15     to the committee during the reporting period with the intent that
6-16     it be used in connection with a campaign for elective office or on
6-17     a measure, or to defray officeholder expenses that are not
6-18     reimbursable with public money, if:
6-19                       (A)  the offer is for $1,000 or more;
6-20                       (B)  the campaign treasurer has reason to believe
6-21     the offer is for $1,000 or more; or
6-22                       (C)  the offer is to cover 10 percent or more of
6-23     the total anticipated costs of the campaign:
6-24                             (i)  of a specific candidate supported by
6-25     the committee; or
6-26                             (ii)  concerning a specific measure
6-27     supported or opposed by the committee.
 7-1           (b)  The report filed not later than January 15 of each
 7-2     odd-numbered year must also include the name of each person who
 7-3     made an offer of money to the committee with the intent that it be
 7-4     used in connection with a campaign for elective office or on a
 7-5     measure, or to defray officeholder expenses that are not
 7-6     reimbursable with public money, if the offered money was not
 7-7     received by the committee, and the amount of the offer.  The
 7-8     information required by this subsection is for the period beginning
 7-9     January 1 of the preceding odd-numbered year or the date the
7-10     committee's campaign treasurer appointment is filed, as applicable,
7-11     and continuing through December 31 of the preceding even-numbered
7-12     year.
7-13           SECTION 5.  This Act takes effect September 1, 1999.
7-14           SECTION 6.  The importance of this legislation and the
7-15     crowded condition of the calendars in both houses create an
7-16     emergency and an imperative public necessity that the
7-17     constitutional rule requiring bills to be read on three several
7-18     days in each house be suspended, and this rule is hereby suspended.