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.