By Danburg H.B. No. 3205
76R9090 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reporting of certain political contributions; providing
1-3 civil and criminal penalties.
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 (d) A candidate who accepts a political contribution from a
2-10 political committee as to which the candidate receives a notice
2-11 under Section 254.1281 or 254.1611 and who fails to include the
2-12 information required by this section on the candidate's report is
2-13 liable for a civil penalty not to exceed the amount of the
2-14 political contribution accepted.
2-15 SECTION 2. Subchapter D, Chapter 254, Election Code, is
2-16 amended by adding Section 254.0912 to read as follows:
2-17 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY
2-18 OFFICEHOLDERS FILING WITH COMMISSION. (a) In addition to the
2-19 contents required by Sections 254.031, 254.091, and, if
2-20 applicable, 254.0911, each report by an officeholder who is
2-21 required to file reports with the commission must include, for each
2-22 political committee from which the officeholder accepts a political
2-23 contribution and receives notice under Section 254.1281 or
2-24 254.1611, the full name, address, principal occupation, and
2-25 employer of each person who, since the January 1 preceding the most
2-26 recent general election for state and county officers, has made:
2-27 (1) political contributions to that committee that in
3-1 the aggregate exceed $5,000 in any 12-month period; or
3-2 (2) political contributions to that committee in a
3-3 month that in the aggregate exceed five percent of the total amount
3-4 of political contributions accepted by the committee during that
3-5 month.
3-6 (b) If a person making political contributions described by
3-7 Subsection (a)(1) or (2) is a political committee, the
3-8 officeholder's report must include, if applicable, the information
3-9 required by Subsection (a) as to political contributions to that
3-10 committee.
3-11 (c) If the notice the officeholder receives under Section
3-12 254.1281 or 254.1611 indicates that no person has made political
3-13 contributions described by Subsection (a)(1) or (2) to the
3-14 political committee since the January 1 preceding the most recent
3-15 general election for state and county officers, the officeholder
3-16 shall indicate that fact in the report.
3-17 (d) An officeholder who accepts a political contribution
3-18 from a political committee as to which the officeholder receives a
3-19 notice under Section 254.1281 or 254.1611 and who fails to include
3-20 the information required by this section on the officeholder's
3-21 report is liable for a civil penalty not to exceed the amount of
3-22 the political contribution accepted.
3-23 SECTION 3. Subchapter E, Chapter 254, Election Code, is
3-24 amended by adding Section 254.1281 to read as follows:
3-25 Sec. 254.1281. NOTICE TO CERTAIN CANDIDATES AND
3-26 OFFICEHOLDERS OF CONTRIBUTIONS. (a) If a specific-purpose
3-27 committee makes a political contribution to a candidate or
4-1 officeholder who is required to file reports with the commission,
4-2 the committee's campaign treasurer shall deliver written notice to
4-3 the affected candidate or officeholder that includes the full name,
4-4 address, principal occupation, and employer of each person who,
4-5 since the January 1 preceding the most recent general election for
4-6 state and county officers, has made:
4-7 (1) political contributions to the committee that in
4-8 the aggregate exceed $5,000 in any 12-month period; or
4-9 (2) political contributions to the committee in a
4-10 month that in the aggregate exceed five percent of the total amount
4-11 of political contributions accepted by the committee during that
4-12 month.
4-13 (b) The notice must be delivered with the political
4-14 contribution.
4-15 (c) If no person has made political contributions described
4-16 by Subsection (a)(1) or (2) to the political committee since the
4-17 January 1 preceding the most recent general election for state and
4-18 county officers, the campaign treasurer shall indicate that fact in
4-19 the notice.
4-20 (d) The notice must include the full name and address of the
4-21 political committee and its campaign treasurer and an indication
4-22 that the committee is a specific-purpose committee.
4-23 (e) A political committee that makes a political
4-24 contribution to which this section applies and that fails to
4-25 provide the notice required by this section is liable for a civil
4-26 penalty not to exceed the amount of the political contribution
4-27 made.
5-1 (f) A campaign treasurer commits an offense if the campaign
5-2 treasurer fails to comply with this section. An offense under this
5-3 section is a Class A misdemeanor.
5-4 SECTION 4. Subchapter F, Chapter 254, Election Code, is
5-5 amended by adding Section 254.1611 to read as follows:
5-6 Sec. 254.1611. NOTICE TO CERTAIN CANDIDATES AND
5-7 OFFICEHOLDERS OF CONTRIBUTIONS. If a general-purpose committee
5-8 other than the principal political committee of a political party
5-9 or a political committee established by a political party's county
5-10 executive committee makes a political contribution to a candidate
5-11 or officeholder who is required to file reports with the
5-12 commission, the committee's campaign treasurer shall deliver
5-13 written notice to the affected candidate or officeholder as
5-14 provided by Section 254.1281 for a specific-purpose committee.
5-15 SECTION 5. Section 254.041(c), Election Code, is amended to
5-16 read as follows:
5-17 (c) A violation of Subsection (a)(2) by a candidate or
5-18 officeholder is a Class A misdemeanor if the report fails to
5-19 include information required by Section 254.061(3), 254.0612, [or
5-20 Section] 254.091(2), or 254.0912, as applicable.
5-21 SECTION 6. This Act takes effect September 1, 1999.
5-22 SECTION 7. Section 254.041, Election Code, as amended by
5-23 this Act, and Sections 254.0612, 254.0912, 254.1281, and 254.1611,
5-24 Election Code, as added by this Act, apply only to the reporting of
5-25 a political contribution made on or after September 1, 1999. The
5-26 reporting of a political contribution made before September 1,
5-27 1999, is governed by the law in effect at the time the contribution
6-1 was made, and the former law is continued in effect for that
6-2 purpose.
6-3 SECTION 8. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended.