By Danburg H.B. No. 1958
76R7000 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reporting of certain political contributions; providing
1-3 a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 254, Election Code, is
1-6 amended by adding Section 254.0612 to read as follows:
1-7 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CANDIDATES
1-8 FILING WITH COMMISSION. (a) In addition to the contents required
1-9 by Sections 254.031, 254.061, and, if applicable, 254.0611, each
1-10 report by a candidate who is required to file reports with the
1-11 commission must include, for each political committee from which
1-12 the candidate accepts a political contribution and receives notice
1-13 under Section 254.1281 or 254.1611, the full name, address,
1-14 principal occupation, and employer of each person who, since the
1-15 January 1 preceding the most recent general election for state and
1-16 county officers, has made:
1-17 (1) political contributions to that committee that in
1-18 the aggregate exceed $5,000 in any 12-month period; or
1-19 (2) political contributions to that committee in a
1-20 month that in the aggregate exceed five percent of the total amount
1-21 of political contributions accepted by the committee during that
1-22 month.
1-23 (b) If a person making political contributions described by
1-24 Subsection (a)(1) or (2) is a political committee, the candidate's
2-1 report must include, if applicable, the information required by
2-2 Subsection (a) as to political contributions to that committee.
2-3 (c) If the notice the candidate receives under Section
2-4 254.1281 or 254.1611 indicates that no person has made political
2-5 contributions described by Subsection (a)(1) or (2) to the
2-6 political committee since the January 1 preceding the most recent
2-7 general election for state and county officers, the candidate shall
2-8 indicate that fact in the report.
2-9 SECTION 2. Subchapter D, Chapter 254, Election Code, is
2-10 amended by adding Section 254.0912 to read as follows:
2-11 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY
2-12 OFFICEHOLDERS FILING WITH COMMISSION. (a) In addition to the
2-13 contents required by Sections 254.031, 254.091, and, if
2-14 applicable, 254.0911, each report by an officeholder who is
2-15 required to file reports with the commission must include, for each
2-16 political committee from which the officeholder accepts a political
2-17 contribution and receives notice under Section 254.1281 or
2-18 254.1611, the full name, address, principal occupation, and
2-19 employer of each person who, since the January 1 preceding the most
2-20 recent general election for state and county officers, has made:
2-21 (1) political contributions to that committee that in
2-22 the aggregate exceed $5,000 in any 12-month period; or
2-23 (2) political contributions to that committee in a
2-24 month that in the aggregate exceed five percent of the total amount
2-25 of political contributions accepted by the committee during that
2-26 month.
2-27 (b) If a person making political contributions described by
3-1 Subsection (a)(1) or (2) is a political committee, the
3-2 officeholder's report must include, if applicable, the information
3-3 required by Subsection (a) as to political contributions to that
3-4 committee.
3-5 (c) If the notice the officeholder receives under Section
3-6 254.1281 or 254.1611 indicates that no person has made political
3-7 contributions described by Subsection (a)(1) or (2) to the
3-8 political committee since the January 1 preceding the most recent
3-9 general election for state and county officers, the officeholder
3-10 shall indicate that fact in the report.
3-11 SECTION 3. Subchapter E, Chapter 254, Election Code, is
3-12 amended by adding Section 254.1281 to read as follows:
3-13 Sec. 254.1281. NOTICE TO CERTAIN CANDIDATES AND
3-14 OFFICEHOLDERS OF CONTRIBUTIONS. (a) If a specific-purpose
3-15 committee makes a political contribution to a candidate or
3-16 officeholder who is required to file reports with the commission,
3-17 the committee's campaign treasurer shall deliver written notice to
3-18 the affected candidate or officeholder that includes the full name,
3-19 address, principal occupation, and employer of each person who,
3-20 since the January 1 preceding the most recent general election for
3-21 state and county officers, has made:
3-22 (1) political contributions to the committee that in
3-23 the aggregate exceed $5,000 in any 12-month period; or
3-24 (2) political contributions to the committee in a
3-25 month that in the aggregate exceed five percent of the total amount
3-26 of political contributions accepted by the committee during that
3-27 month.
4-1 (b) The notice must be delivered with the political
4-2 contribution.
4-3 (c) If no person has made political contributions described
4-4 by Subsection (a)(1) or (2) to the political committee since the
4-5 January 1 preceding the most recent general election for state and
4-6 county officers, the campaign treasurer shall indicate that fact in
4-7 the notice.
4-8 (d) The notice must include the full name and address of the
4-9 political committee and its campaign treasurer and an indication
4-10 that the committee is a specific-purpose committee.
4-11 (e) A campaign treasurer commits an offense if the campaign
4-12 treasurer fails to comply with this section. An offense under this
4-13 section is a Class A misdemeanor.
4-14 SECTION 4. Subchapter F, Chapter 254, Election Code, is
4-15 amended by adding Section 254.1611 to read as follows:
4-16 Sec. 254.1611. NOTICE TO CERTAIN CANDIDATES AND
4-17 OFFICEHOLDERS OF CONTRIBUTIONS. If a general-purpose committee
4-18 other than the principal political committee of a political party
4-19 or a political committee established by a political party's county
4-20 executive committee makes a political contribution to a candidate
4-21 or officeholder who is required to file reports with the
4-22 commission, the committee's campaign treasurer shall deliver
4-23 written notice to the affected candidate or officeholder as
4-24 provided by Section 254.1281 for a specific-purpose committee.
4-25 SECTION 5. This Act takes effect September 1, 1999.
4-26 SECTION 6. Sections 254.0612, 254.0912, 254.1281, and
4-27 254.1611, Election Code, as added by this Act, apply only to the
5-1 reporting of a political contribution made on or after September 1,
5-2 1999. The reporting of a political contribution made before
5-3 September 1, 1999, is governed by the law in effect at the time the
5-4 contribution was made, and the former law is continued in effect
5-5 for that purpose.
5-6 SECTION 7. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.