By Madden H.B. No. 3461
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain political contributions and
1-3 political expenditures; providing civil and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.001, Election Code, is amended by
1-6 amending Subdivision (13) and adding Subdivision (21) to read as
1-7 follows:
1-8 (13) "Specific-purpose committee" means a political
1-9 committee that does not have among its principal purposes those of
1-10 a general-purpose committee but does have among its principal
1-11 purposes:
1-12 (A) supporting or opposing [one or more]:
1-13 (i) two or more candidates, all of whom
1-14 are identified and are seeking offices that are known; or
1-15 (ii) one or more measures, all of which
1-16 are identified; or
1-17 (B) assisting two [one] or more officeholders,
1-18 all of whom are identified[; or]
1-19 [(C) supporting or opposing only one candidate
1-20 who is unidentified or who is seeking an office that is unknown].
1-21 (21) "Principal political committee of a candidate or
2-1 officeholder" means a political committee established under Section
2-2 251.010 for supporting a candidate or assisting an officeholder.
2-3 SECTION 2. Subchapter A, Chapter 251, Election Code, is
2-4 amended by adding Sections 251.010 to read as follows:
2-5 Sec. 251.010. PRINCIPAL POLITICAL COMMITTEE. (a) A
2-6 candidate or officeholder shall designate in writing a political
2-7 committee to serve as the person's principal political committee.
2-8 (b) A designation under Subsection (a) must be:
2-9 (1) made not later than the 15th day after the date
2-10 the person becomes a candidate or officeholder; and
2-11 (2) filed with the authority with whom the committee's
2-12 campaign treasurer appointment is required to be filed.
2-13 (c) A candidate or officeholder may not have more than one
2-14 principal political committee at a time. A person who is both a
2-15 candidate and an officeholder may not have more than one principal
2-16 political committee. A candidate who becomes an officeholder is
2-17 not required to designate a new principal political committee.
2-18 (d) A prohibition or restriction imposed by this title on a
2-19 candidate or officeholder applies to the principal political
2-20 committee of a candidate or officeholder.
2-21 (e) A person may not establish a specific-purpose committee
2-22 for supporting or opposing only one candidate or assisting only one
2-23 officeholder.
2-24 SECTION 3. Sections 252.001, 252.0031, 252.0032, 252.005,
2-25 and 252.006, Election Code, are amended to read as follows:
3-1 Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED.
3-2 Each [candidate and each] political committee shall appoint a
3-3 campaign treasurer as provided by this chapter.
3-4 Sec. 252.0031. CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE
3-5 COMMITTEE. [(a)] In addition to the information required by
3-6 Section 252.002, a campaign treasurer appointment by a
3-7 specific-purpose committee for supporting or opposing two or more
3-8 candidates [a candidate] for an office specified by Section
3-9 252.005(1) must include the name of and the office sought by each
3-10 [the] candidate the committee supports or opposes. If that
3-11 information changes, the committee shall immediately file an
3-12 amended appointment reflecting the change.
3-13 [(b) The name of a specific-purpose committee for supporting
3-14 a candidate for an office specified by Section 252.005(1) must
3-15 include the name of the candidate that the committee supports.]
3-16 Sec. 252.0032. CONTENTS OF APPOINTMENT BY PRINCIPAL
3-17 POLITICAL COMMITTEE [CANDIDATE]. (a) In addition to the
3-18 information required by Section 252.002, a campaign treasurer
3-19 appointment by a principal political committee of a candidate or
3-20 officeholder [candidate] must include:
3-21 (1) the candidate's or officeholder's telephone
3-22 number; and
3-23 (2) a statement, signed by the candidate or
3-24 officeholder, that the candidate or officeholder is aware of the
3-25 nepotism law, Chapter 573, Government Code.
4-1 (b) A campaign treasurer appointment that is filed in a
4-2 manner other than by use of an officially prescribed form is not
4-3 invalid because it fails to comply with Subsection (a)(2).
4-4 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
4-5 PRINCIPAL POLITICAL COMMITTEE [CANDIDATE]. A principal political
4-6 committee of a candidate or officeholder [An individual] must file
4-7 a campaign treasurer appointment [for the individual's own
4-8 candidacy] with:
4-9 (1) the commission, if the appointment is made by the
4-10 principal political committee of a candidate for or holder of [for
4-11 candidacy for]:
4-12 (A) a statewide office;
4-13 (B) a district office filled by voters of more
4-14 than one county;
4-15 (C) the office of state senator;
4-16 (D) the office of state representative; or
4-17 (E) the office of member, State Board of
4-18 Education;
4-19 (2) the county clerk, if the appointment is made by
4-20 the principal political committee of a candidate for or holder of
4-21 [for candidacy for] a county office, a precinct office, or a
4-22 district office other than one included in Subdivision (1);
4-23 (3) the clerk or secretary of the governing body of
4-24 the political subdivision or, if the political subdivision has no
4-25 clerk or secretary, with the governing body's presiding officer, if
5-1 the appointment is made by the principal political committee of a
5-2 candidate for or holder of [for candidacy for] an office of a
5-3 political subdivision other than a county;
5-4 (4) the county clerk if:
5-5 (A) the appointment is made by the principal
5-6 political committee of a candidate for or holder of [for candidacy
5-7 for] an office of a political subdivision other than a county;
5-8 (B) the governing body for the political
5-9 subdivision has not been formed; and
5-10 (C) no boundary of the political subdivision
5-11 crosses a boundary of the county; or
5-12 (5) the commission if:
5-13 (A) the appointment is made by the principal
5-14 political committee of a candidate for or holder of [for candidacy
5-15 for] an office of a political subdivision other than a county;
5-16 (B) the governing body for the political
5-17 subdivision has not been formed; and
5-18 (C) the political subdivision is situated in
5-19 more than one county.
5-20 Sec. 252.006. AUTHORITY WITH WHOM APPOINTMENT FILED:
5-21 SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATES
5-22 [CANDIDATE] OR ASSISTING OFFICEHOLDERS [OFFICEHOLDER]. A
5-23 specific-purpose committee for supporting or opposing candidates [a
5-24 candidate] or assisting officeholders [an officeholder ] must file
5-25 its campaign treasurer appointment with the same authority as the
6-1 appointment by a principal political committee in connection with
6-2 [for candidacy for] the office.
6-3 SECTION 4. Section 252.010(a), Election Code, is amended to
6-4 read as follows:
6-5 (a) If a candidate whose principal political committee [who]
6-6 has filed a campaign treasurer appointment decides to seek a
6-7 different office that would require the appointment to be filed
6-8 with another authority, a copy of the appointment certified by the
6-9 authority with whom it was originally filed must be filed with the
6-10 other authority in addition to the new campaign treasurer
6-11 appointment.
6-12 SECTION 5. Section 252.015(a), Election Code, is amended to
6-13 read as follows:
6-14 (a) Each principal political committee of a candidate or
6-15 officeholder, each specific-purpose committee for supporting or
6-16 opposing candidates [a candidate] for an office specified by
6-17 Section 252.005(1) or a statewide or district measure, and each
6-18 general-purpose committee may appoint an assistant campaign
6-19 treasurer by written appointment filed with the commission.
6-20 SECTION 6. Section 253.002(b), Election Code, is amended to
6-21 read as follows:
6-22 (b) This section does not apply to:
6-23 (1) an individual making an expenditure authorized by
6-24 Subchapter C;
6-25 (2) a corporation or labor organization making an
7-1 expenditure authorized by Subchapter D;
7-2 (3) [a candidate making or authorizing an expenditure
7-3 for the candidate's own election;]
7-4 [(4)] a political committee; or
7-5 (4) [(5)] a campaign treasurer or assistant campaign
7-6 treasurer acting in an official capacity.
7-7 SECTION 7. Section 253.031, Election Code, is amended to
7-8 read as follows:
7-9 Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN
7-10 TREASURER PROHIBITED. (a) A candidate or officeholder may not
7-11 knowingly accept a campaign contribution as authorized by Section
7-12 253.0311 or make or authorize a campaign expenditure as authorized
7-13 by Section 253.0312 at a time when a campaign treasurer appointment
7-14 for the principal political committee of the candidate or
7-15 officeholder is not in effect.
7-16 (b) A political committee may not knowingly accept political
7-17 contributions totaling more than $500 or make or authorize
7-18 political expenditures totaling more than $500 at a time when a
7-19 campaign treasurer appointment for the committee is not in effect.
7-20 (c) A political committee may not knowingly make or
7-21 authorize a campaign contribution or campaign expenditure
7-22 supporting or opposing a candidate for an office specified by
7-23 Section 252.005(1) in a primary or general election unless the
7-24 committee's campaign treasurer appointment has been filed not later
7-25 than the 30th day before the appropriate election day.
8-1 (d) This section does not apply to a political party's
8-2 county executive committee that accepts political contributions or
8-3 makes political expenditures, except that:
8-4 (1) a county executive committee that accepts
8-5 political contributions or makes political expenditures shall
8-6 maintain the records required by Section 254.001; and
8-7 (2) a county executive committee that accepts
8-8 political contributions or makes political expenditures that, in
8-9 the aggregate, exceed $5,000 in a calendar year shall file:
8-10 (A) a campaign treasurer appointment as required
8-11 by Section 252.001 not later than the 15th day after the date that
8-12 amount is exceeded; and
8-13 (B) the reports required by Subchapter F,
8-14 Chapter 254, including in the political committee's first report
8-15 all political contributions accepted and all political expenditures
8-16 made before the effective date of the campaign treasurer
8-17 appointment.
8-18 (e) [This section does not apply to an out-of-state
8-19 political committee unless the committee is subject to Chapter 252
8-20 under Section 251.005.]
8-21 [(f)] A person who violates this section commits an offense.
8-22 An offense under this section is a Class A misdemeanor.
8-23 SECTION 8. Subchapter B, Chapter 253, Election Code, is
8-24 amended by adding Sections 253.0311 and 253.0312 to read as
8-25 follows:
9-1 Sec. 253.0311. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
9-2 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
9-3 (b), a candidate or officeholder may not knowingly accept a
9-4 political contribution in connection with the person's own
9-5 candidacy or office.
9-6 (b) A candidate or officeholder may accept a political
9-7 contribution on behalf of the person's principal political
9-8 committee unless the committee itself would be prohibited from
9-9 accepting the contribution.
9-10 (c) A person who violates this section commits an offense.
9-11 An offense under this section is a Class A misdemeanor.
9-12 Sec. 253.0312. CONTRIBUTION OR EXPENDITURE BY CANDIDATE OR
9-13 OFFICEHOLDER FROM PERSONAL FUNDS. (a) Except as provided by
9-14 Subsection (b), a candidate or officeholder may not knowingly make
9-15 a political contribution or political expenditure from the person's
9-16 personal funds in connection with the person's own candidacy or
9-17 office.
9-18 (b) A candidate or officeholder may make a political
9-19 contribution from the person's personal funds to the person's
9-20 principal political committee.
9-21 (c) A person who violates this section commits an offense.
9-22 An offense under this section is a Class A misdemeanor.
9-23 SECTION 9. Section 253.033(a), Election Code, is amended to
9-24 read as follows:
9-25 (a) The principal political committee of a [A] candidate
10-1 or[,] officeholder[,] or a specific-purpose committee may not
10-2 knowingly accept from a contributor in a reporting period political
10-3 contributions in cash that in the aggregate exceed $100.
10-4 SECTION 10. Sections 253.034(a)-(c), Election Code, are
10-5 amended to read as follows:
10-6 (a) During the period beginning on the 30th day before the
10-7 date a regular legislative session convenes and continuing through
10-8 the day of final adjournment, a person may not knowingly make a
10-9 political contribution to:
10-10 (1) the principal political committee of a statewide
10-11 officeholder;
10-12 (2) the principal political committee of a member of
10-13 the legislature; or
10-14 (3) a specific-purpose committee for supporting,
10-15 opposing, or assisting a statewide officeholder or member of the
10-16 legislature.
10-17 (b) The principal political committee of a [A] statewide
10-18 officeholder or of[,] a member of the legislature[,] or a
10-19 specific-purpose committee for supporting, opposing, or assisting a
10-20 statewide officeholder or member of the legislature may not
10-21 knowingly accept a political contribution, and shall refuse a
10-22 political contribution that is received, during the period
10-23 prescribed by Subsection (a). A political contribution that is
10-24 received and refused during that period shall be returned to the
10-25 contributor not later than the 30th day after the date of receipt.
11-1 A contribution made by mail is not considered received during that
11-2 period if it was placed with postage prepaid and properly addressed
11-3 in the United States mail before the beginning of the period. The
11-4 date indicated by the post office cancellation mark is considered
11-5 to be the date the contribution was placed in the mail unless
11-6 proven otherwise.
11-7 (c) This section does not apply to a political contribution
11-8 that was made and accepted with the intent that it be used:
11-9 (1) in an election held or ordered during the period
11-10 prescribed by Subsection (a) in which the person on whose behalf
11-11 [accepting] the contribution is accepted is a candidate if the
11-12 contribution was made after the person's principal political
11-13 committee filed [person appointed] a campaign treasurer appointment
11-14 [with the appropriate authority] and before the person was sworn in
11-15 for that office;
11-16 (2) to defray expenses incurred in connection with an
11-17 election contest; or
11-18 (3) by the principal political committee of a person
11-19 who holds a statewide [state] office or of a member of the
11-20 legislature if the person or member was defeated at the general
11-21 election held immediately before the session is convened [or by a
11-22 specific-purpose political committee that supports or assists only
11-23 that person or member].
11-24 SECTION 11. Sections 253.035(b), (g), and (h), Election
11-25 Code, are amended to read as follows:
12-1 (b) A principal political committee of a candidate or
12-2 officeholder or specific-purpose committee that accepts a political
12-3 contribution may not convert the contribution to the personal use
12-4 of a candidate, officeholder, or former candidate or officeholder.
12-5 (g) A principal political committee of a candidate or
12-6 officeholder or specific-purpose committee that converts a
12-7 political contribution to the personal use of a candidate,
12-8 officeholder, or former candidate or officeholder in violation of
12-9 this section is civilly liable to the state for an amount equal to
12-10 the amount of the converted contribution plus reasonable court
12-11 costs.
12-12 (h) Except as provided by Section 253.0351, [or] 253.042, or
12-13 253.162, a candidate or officeholder who makes political
12-14 expenditures from the candidate's or officeholder's personal funds
12-15 may reimburse those personal funds from political contributions in
12-16 the amount of those expenditures only if:
12-17 (1) the expenditures from personal funds were fully
12-18 reported as political expenditures, including the payees, dates,
12-19 purposes, and amounts of the expenditures, in the report required
12-20 to be filed under this title that covers the period in which the
12-21 expenditures from personal funds were made; and
12-22 (2) the report on which the expenditures from personal
12-23 funds are disclosed clearly designates those expenditures as having
12-24 been made from the person's personal funds and that the
12-25 expenditures are subject to reimbursement.
13-1 SECTION 12. Section 253.037(c), Election Code, is
13-2 amended to read as follows:
13-3 (c) Subsection (a) does not apply to a political party's
13-4 county executive committee that is complying with Section 253.031
13-5 or to a general-purpose committee that accepts contributions from a
13-6 multi candidate political committee, [(]as defined by 2 U.S.C.
13-7 Section 431 and its subsequent amendments, [the Federal Election
13-8 Campaign Act)] that is registered with the Federal Election
13-9 Commission[, provided that the general-purpose committee is in
13-10 compliance with Section 253.032].
13-11 SECTION 13. Section 253.038(a), Election Code, is amended to
13-12 read as follows:
13-13 (a) A candidate or officeholder, the principal political
13-14 committee of a candidate or officeholder, or a specific-purpose
13-15 committee for supporting, opposing, or assisting the candidate or
13-16 officeholder may not knowingly make or authorize a payment from a
13-17 political contribution to purchase real property or to pay the
13-18 interest on or principal of a note for the purchase of real
13-19 property.
13-20 SECTION 14. Section 253.041(a), Election Code, is amended to
13-21 read as follows:
13-22 (a) A candidate or officeholder, the principal political
13-23 committee of the candidate or officeholder, or a specific-purpose
13-24 committee for supporting, opposing, or assisting the candidate or
13-25 officeholder may not knowingly make or authorize a payment from a
14-1 political contribution if the payment is made for personal services
14-2 rendered by the candidate or officeholder or by the spouse or
14-3 dependent child of the candidate or officeholder to:
14-4 (1) a business in which the candidate or officeholder
14-5 has a participating interest of more than 10 percent, holds a
14-6 position on the governing body of the business, or serves as an
14-7 officer of the business; or
14-8 (2) the candidate or officeholder or the spouse or
14-9 dependent child of the candidate or officeholder.
14-10 SECTION 15. Sections 253.042(a), (b), and (e) Election Code,
14-11 are amended to read as follows:
14-12 (a) A candidate or officeholder who makes political
14-13 contributions to the candidate's or officeholder's principal
14-14 political committee [expenditures] from the candidate's or
14-15 officeholder's personal funds may not reimburse those personal
14-16 funds from political contributions in amounts that in the aggregate
14-17 exceed the following amounts for each election in which the
14-18 person's name appears on the ballot:
14-19 (1) for a statewide office other than governor,
14-20 $250,000; and
14-21 (2) for governor, $500,000.
14-22 (b) A principal political committee of a candidate or
14-23 officeholder that [candidate or officeholder who] accepts one or
14-24 more political contributions in the form of loans, including an
14-25 extension of credit or a guarantee of a loan or extension of
15-1 credit, from one or more persons related within the second degree
15-2 by consanguinity or affinity, as determined under Chapter 573,
15-3 Government Code, to the candidate or officeholder the committee
15-4 supports or assists [within the second degree by affinity or
15-5 consanguinity] may not use political contributions to repay the
15-6 loans in amounts that in the aggregate exceed the amount prescribed
15-7 by Subsection (a). A principal political committee of a candidate
15-8 or officeholder may not use political contributions, in amounts
15-9 that in the aggregate exceed the amount prescribed by Subsection
15-10 (a), to repay any other loan or extension of credit for which the
15-11 candidate or officeholder the committee supports or assists is
15-12 personally liable.
15-13 (e) A principal political committee of a candidate or
15-14 officeholder may not pay [This section does not prohibit the
15-15 payment of interest on loans covered by this section at a
15-16 commercially reasonable rate, except that] interest on a loan to
15-17 the person's principal political committee [loans] from the [a]
15-18 candidate's or officeholder's personal funds or on a loan [loans]
15-19 from the personal funds of any person related to the candidate or
15-20 officeholder within the second degree by affinity or consanguinity,
15-21 as determined under Subchapter B, Chapter 573, Government Code [is
15-22 included in the amount prescribed by Subsection (a, (b), or (c)].
15-23 SECTION 16. Sections 253.091 and 253.092, Election Code, are
15-24 amended to read as follows:
15-25 Sec. 253.091. CORPORATIONS COVERED. This subchapter applies
16-1 only to corporations that are organized under the Texas Business
16-2 Corporation Act, the Texas Non-Profit Corporation Act (Article
16-3 1396-1.01 et seq., Vernon's Texas Civil Statutes), the Texas
16-4 Miscellaneous Corporation Laws Act (Article 1302-1.01 et seq.,
16-5 Vernon's Texas Civil Statutes), federal law, or law of another
16-6 state or nation.
16-7 Sec. 253.092. TREATMENT OF INCORPORATED POLITICAL COMMITTEE.
16-8 (a) If a political committee the only principal purpose of which
16-9 is accepting political contributions and making political
16-10 expenditures incorporates for liability purposes only, the
16-11 committee is not considered to be a corporation for purposes of
16-12 this subchapter.
16-13 (b) Subsection (a) applies only to a corporation that:
16-14 (1) is formed for the express purpose of promoting
16-15 political ideas and does not engage in business activities;
16-16 (2) has no shareholders or other affiliated persons
16-17 who have a claim to the corporation's assets or earnings; and
16-18 (3) is not established by a business corporation or a
16-19 labor organization and has adopted a policy under which the
16-20 corporation does not accept contributions from business
16-21 corporations or labor organizations.
16-22 SECTION 17. Subchapter D, Chapter 253, Election Code, is
16-23 amended by adding Section 253.0931 to read as follows:
16-24 Sec. 253.0931. CERTAIN LIMITED LIABILITY ENTITIES COVERED.
16-25 (a) For purposes of this subchapter, the following entities are
17-1 considered to be corporations covered by this subchapter:
17-2 (1) limited partnerships organized under the Texas
17-3 Revised Limited Partnership Act (Article 6132a-1, Vernon's Texas
17-4 Civil Statutes); and
17-5 (2) limited liability companies organized under the
17-6 Texas Limited Liability Company Act (Article 1528n, Vernon's Texas
17-7 Civil Statutes).
17-8 (b) For purposes of this subchapter, the members of the
17-9 entities specified by Subsection (a) are considered to be
17-10 stockholders.
17-11 SECTION 18. Section 253.131, Election Code, is amended by
17-12 amending the heading and Subsections (b) and (c) to read as
17-13 follows:
17-14 Sec. 253.131. LIABILITY TO PRINCIPAL POLITICAL COMMITTEES
17-15 [CANDIDATES].
17-16 (b) If the contribution or expenditure is in support of a
17-17 candidate, the principal political committee of each opposing
17-18 candidate whose name appears on the ballot is entitled to recover
17-19 damages under this section.
17-20 (c) If the contribution or expenditure is in opposition to a
17-21 candidate, the candidate's principal political committee
17-22 [candidate] is entitled to recover damages under this section.
17-23 SECTION 19. Sections 253.153(a) and (c), Election Code, are
17-24 amended to read as follows:
17-25 (a) The principal political committee of a [A] judicial
18-1 candidate or officeholder, a specific-purpose committee for
18-2 supporting or opposing two or more [a] judicial candidates
18-3 [candidate], or a specific-purpose committee for assisting two or
18-4 more [a] judicial officeholders [officeholder] may not knowingly
18-5 accept a political contribution except during the period:
18-6 (1) beginning on:
18-7 (A) the 210th day before the date an application
18-8 for a place on the ballot or for nomination by convention for the
18-9 office is required to be filed, if the election is for a full term;
18-10 or
18-11 (B) the later of the 210th day before the date
18-12 an application for a place on the ballot or for nomination by
18-13 convention for the office is required to be filed or the date a
18-14 vacancy in the office occurs, if the election is for an unexpired
18-15 term; and
18-16 (2) ending on the 120th day after the date of:
18-17 (A) the general election for state and county
18-18 officers, if the candidate or officeholder has an opponent in the
18-19 general election;
18-20 (B) except as provided by Subsection (c), the
18-21 runoff primary election, if the candidate or officeholder is a
18-22 candidate in the runoff primary election and does not have an
18-23 opponent in the general election; or
18-24 (C) except as provided by Subsection (c), the
18-25 general primary election, if the candidate or officeholder is not a
19-1 candidate in the runoff primary election and does not have an
19-2 opponent in the general election.
19-3 (c) Notwithstanding Subsection (a)(2), the principal
19-4 political committee of a judicial candidate who does not have an
19-5 opponent whose name will appear on the ballot or a specific-purpose
19-6 committee for supporting such a candidate may accept a political
19-7 contribution after another person files a declaration of write-in
19-8 candidacy opposing the candidate.
19-9 SECTION 20. Section 253.154(a), Election Code, is amended to
19-10 read as follows:
19-11 (a) The principal political committee of a [A] write-in
19-12 candidate for judicial office or a specific-purpose committee for
19-13 supporting two or more [a] write-in candidates [candidate] for
19-14 judicial office may not knowingly accept a political contribution
19-15 before the candidate files a declaration of write-in candidacy.
19-16 SECTION 21. Section 253.1541(b), Election Code, is amended
19-17 to read as follows:
19-18 (b) Notwithstanding Section 253.153, the principal political
19-19 committee of a person to whom this section applies may accept
19-20 officeholder contributions beginning on the date the person assumes
19-21 the duties of office and ending on the 60th day after that date.
19-22 SECTION 22. Section 253.155(a), Election Code, is amended to
19-23 read as follows:
19-24 (a) Except as provided by Subsection (c), the principal
19-25 political committee of a judicial candidate or officeholder may not
20-1 knowingly accept political contributions from a person that in the
20-2 aggregate exceed the limits prescribed by Subsection (b) in
20-3 connection with each election in which the person is involved.
20-4 SECTION 23. Sections 253.157(a)-(c), Election Code, as
20-5 amended by Chapters 479 and 552, Acts of the 75th Legislature,
20-6 Regular Session, 1997, are reenacted and amended to read as
20-7 follows:
20-8 (a) The principal political committee of a [A] judicial
20-9 candidate or officeholder [or a specific-purpose committee for
20-10 supporting or opposing a judicial candidate] may not accept a
20-11 political contribution in excess of $100. from a person if:
20-12 (1) the person is a law firm, a member of a law firm,
20-13 or a general-purpose committee established or controlled by a law
20-14 firm; and
20-15 (2) the contribution when aggregated with all
20-16 political contributions accepted by the principal political
20-17 committee [candidate or committee] from the law firm, other members
20-18 of the law firm, or [from] a general-purpose committee established
20-19 or controlled by the law firm in connection with the election would
20-20 exceed six times the applicable contribution limit under Section
20-21 253.155.
20-22 (b) A principal political committee of a judicial candidate
20-23 or officeholder that [person who] receives a political contribution
20-24 that violates Subsection (a) shall return the contribution to the
20-25 contributor not later than the later of:
21-1 (1) the last day of the reporting period in which the
21-2 contribution is received; or
21-3 (2) the fifth day after the date the contribution is
21-4 received.
21-5 (c) A principal political committee of a judicial candidate
21-6 or officeholder that [person who] fails to return a political
21-7 contribution as required by Subsection (b) is liable for a civil
21-8 penalty not to exceed three times the total amount of political
21-9 contributions accepted from the law firm, members of the law firm,
21-10 or general-purpose committees established or controlled by the law
21-11 firm in connection with the election.
21-12 SECTION 24. Sections 253.160(a) and (b), Election Code, are
21-13 amended to read as follows:
21-14 (a) The principal political committee of a [A] judicial
21-15 candidate or officeholder [or a specific-purpose committee for
21-16 supporting or opposing a judicial candidate or assisting a judicial
21-17 officeholder] may not knowingly accept a political contribution
21-18 from a general-purpose committee that, when aggregated with each
21-19 other political contribution from a general-purpose committee in
21-20 connection with an election, exceeds 15 percent of the applicable
21-21 limit on expenditures prescribed by Section 253.168, regardless of
21-22 whether the limit on expenditures is suspended.
21-23 (b) A principal political committee of a judicial candidate
21-24 or officeholder that [person who] receives a political contribution
21-25 that violates Subsection (a) shall return the contribution to the
22-1 contributor not later than the later of:
22-2 (1) the last day of the reporting period in which the
22-3 contribution is received; or
22-4 (2) the fifth day after the date the contribution is
22-5 received.
22-6 SECTION 25. Section 253.1601, Election Code, is amended to
22-7 read as follows:
22-8 Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
22-9 CONTRIBUTION TO PRINCIPAL POLITICAL COMMITTEE [CANDIDATE]. For
22-10 purposes of Sections 253.155, 253.157, and 253.160, a contribution
22-11 to a specific-purpose committee for the purpose of supporting two
22-12 or more [a] judicial candidates [candidate], opposing the
22-13 [candidate's] opponent of two or more judicial candidates, or
22-14 assisting two or more candidates [the candidate] as officeholders
22-15 [an officeholder] is considered to be a contribution to the
22-16 principal political committee of each judicial candidate or
22-17 officeholder the committee supports or assists.
22-18 SECTION 26. Sections 253.161(a)-(c), Election Code, are
22-19 amended to read as follows:
22-20 (a) The principal political committee of a [A] judicial
22-21 candidate or officeholder, a specific-purpose committee for
22-22 supporting or opposing two or more [a] judicial candidates
22-23 [candidate], or a specific-purpose committee for assisting two or
22-24 more [a] judicial officeholders [officeholder] may not use a
22-25 political contribution to make a campaign expenditure for judicial
23-1 office or to make an officeholder expenditure in connection with a
23-2 judicial office if the contribution was accepted while the
23-3 candidate or officeholder:
23-4 (1) was a candidate for an office other than a
23-5 judicial office; or
23-6 (2) held an office other than a judicial office,
23-7 unless the person had become a candidate for judicial office.
23-8 (b) The principal political committee of a [A] candidate
23-9 or[,] officeholder[,] or a specific-purpose committee for
23-10 supporting, opposing, or assisting a [the] candidate or
23-11 officeholder may not use a political contribution to make a
23-12 campaign expenditure for an office other than a judicial office or
23-13 to make an officeholder expenditure in connection with an office
23-14 other than a judicial office if the contribution was accepted while
23-15 the candidate or officeholder:
23-16 (1) was a candidate for a judicial office; or
23-17 (2) held a judicial office, unless the person had
23-18 become a candidate for another office.
23-19 (c) This section does not prohibit the principal political
23-20 committee of a candidate or officeholder from making a political
23-21 contribution to the principal political committee of another
23-22 candidate or officeholder.
23-23 SECTION 27. Sections 253.1611(a)-(d), Election Code, are
23-24 amended to read as follows:
23-25 (a) The principal political committee of a [A] judicial
24-1 candidate or officeholder or a specific-purpose committee for
24-2 supporting or opposing two or more [a] judicial candidates
24-3 [candidate] or assisting two or more [a] judicial officeholders
24-4 [officeholder] may not use a political contribution to make
24-5 political contributions that in the aggregate exceed $100 in a
24-6 calendar year to the principal political committee of a candidate
24-7 or officeholder.
24-8 (b) The principal political committee of a [A] judicial
24-9 candidate or a specific-purpose committee for supporting or
24-10 opposing two or more [a] judicial candidates [candidate] may not
24-11 use a political contribution to make political contributions to a
24-12 political committee in connection with a primary election.
24-13 (c) The principal political committee of a [A] judicial
24-14 candidate or a specific-purpose committee for supporting or
24-15 opposing two or more [a] judicial candidates [candidate] may not
24-16 use a political contribution to make a political contribution to a
24-17 political committee that, when aggregated with each other political
24-18 contribution to a political committee in connection with a general
24-19 election, exceeds $500.
24-20 (d) The principal political committee of a [A] judicial
24-21 officeholder or a specific-purpose committee for assisting two or
24-22 more [a] judicial officeholders [officeholder] may not use a
24-23 political contribution to make a political contribution to a
24-24 political committee in any calendar year in which the office held
24-25 is not on the ballot.
25-1 SECTION 28. Section 253.162, Election Code, is amended to
25-2 read as follows:
25-3 Sec. 253.162. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL
25-4 FUNDS AND PAYMENTS ON CERTAIN LOANS. (a) A judicial candidate or
25-5 officeholder who makes political contributions to the person's
25-6 principal political committee [expenditures] from the person's
25-7 personal funds may not reimburse the personal funds from political
25-8 contributions in amounts that in the aggregate exceed, for each
25-9 election in which the person's name appears on the ballot:
25-10 (1) for a statewide judicial office, $100,000; or
25-11 (2) for an office other than a statewide judicial
25-12 office, five times the applicable contribution limit under Section
25-13 253.155.
25-14 (b) The principal political committee of a [A] judicial
25-15 candidate or officeholder may not:
25-16 (1) use political contributions to repay a loan [who
25-17 accepts one or more political contributions in the form of loans],
25-18 including an extension of credit or a guarantee of a loan or
25-19 extension of credit, from one or more persons related to the
25-20 candidate or officeholder within the second degree by
25-21 consanguinity, as determined under Subchapter B, Chapter 573,
25-22 Government Code; or
25-23 (2) use political contributions, in amounts that in
25-24 the aggregate exceed the amount prescribed by Subsection (a), to
25-25 repay any other loan or extension of credit for which the candidate
26-1 or officeholder is personally liable[, may not use political
26-2 contributions to repay the loans].
26-3 (c) The total amount of both reimbursements under Subsection
26-4 (a) and repayments under Subsection (b)(2) made by the principal
26-5 political committee of a candidate or officeholder may not exceed
26-6 the amount prescribed by Subsection (a).
26-7 (d) A person who is both a candidate and an officeholder may
26-8 reimburse the person's personal funds or repay loans from political
26-9 contributions only in one capacity.
26-10 (e) [(d)] A person who violates this section is liable for a
26-11 civil penalty not to exceed three times the amount by which the
26-12 reimbursement or repayment made in violation of this section
26-13 exceeds the applicable limit prescribed by Subsection (a).
26-14 SECTION 29. Sections 253.163(a), (b), and (d), Election
26-15 Code, are amended to read as follows:
26-16 (a) A person other than the principal political committee of
26-17 a candidate or[,] officeholder[,] or the principal political
26-18 committee of the state executive committee or a county executive
26-19 committee of a political party may not make political expenditures
26-20 that in the aggregate exceed $5,000 for the purpose of supporting
26-21 or opposing a candidate for an office other than a statewide
26-22 judicial office or assisting such a candidate as an officeholder
26-23 unless the person files with the authority with whom a campaign
26-24 treasurer appointment by the principal political committee of a
26-25 candidate for the office is required to be filed a written
27-1 declaration of the person's intent to make expenditures that exceed
27-2 the limit prescribed by this subsection.
27-3 (b) A person other than the principal political committee of
27-4 a candidate or[,] officeholder[,] or the principal political
27-5 committee of the state executive committee or a county executive
27-6 committee of a political party may not make political expenditures
27-7 that in the aggregate exceed $25,000 for the purpose of supporting
27-8 or opposing a candidate for a statewide judicial office or
27-9 assisting such a candidate as an officeholder unless the person
27-10 files with the commission a written declaration of the person's
27-11 intent to make expenditures that exceed the limit prescribed by
27-12 this subsection.
27-13 (d) A declaration received under Subsection (a) or (b) shall
27-14 be filed with the records of the principal political committee of
27-15 each judicial candidate or officeholder on whose behalf the person
27-16 filing the declaration intends to make political expenditures. If
27-17 the person intends to make only political expenditures opposing a
27-18 judicial candidate, the declaration shall be filed with the records
27-19 of the principal political committee of each candidate for the
27-20 office.
27-21 SECTION 30. Sections 253.164(a)-(c), Election Code, are
27-22 amended to read as follows:
27-23 (a) When a person becomes a candidate for a judicial office,
27-24 the person shall file with the authority with whom the candidate's
27-25 principal political committee is required to file its campaign
28-1 treasurer appointment [is required to be filed]:
28-2 (1) a sworn declaration of compliance stating that the
28-3 person voluntarily agrees to comply with the limits on expenditures
28-4 prescribed by this subchapter; or
28-5 (2) a written declaration of the person's intent to
28-6 make expenditures that exceed the limits prescribed by this
28-7 subchapter.
28-8 (b) The limits on contributions and on reimbursement of
28-9 personal funds prescribed by this subchapter apply to complying
28-10 candidates and their principal political committees unless
28-11 suspended as provided by Section 253.165 or 253.170. The limits on
28-12 contributions and on reimbursement of personal funds prescribed by
28-13 this subchapter apply to noncomplying candidates and their
28-14 principal political committees regardless of whether the limits on
28-15 contributions, expenditures, and reimbursement of personal funds
28-16 are suspended with respect to [for] complying candidates.
28-17 (c) The principal political committee of a [A] judicial
28-18 candidate may not knowingly accept a campaign contribution or make
28-19 or authorize a campaign expenditure before the candidate files a
28-20 declaration under Subsection (a).
28-21 SECTION 31. Sections 253.165(a), (b), and (e), Election
28-22 Code, are amended to read as follows:
28-23 (a) A complying candidate and the candidate's principal
28-24 political committee are [or a specific-purpose committee for
28-25 supporting a complying candidate is] not required to comply with
29-1 the limits on contributions, expenditures, and the reimbursement of
29-2 personal funds prescribed by this subchapter if another person
29-3 becomes a candidate for the same office and:
29-4 (1) files a declaration of intent to exceed the limits
29-5 on expenditures under Section 253.164(a)(2);
29-6 (2) fails to file a declaration of compliance under
29-7 Section 253.164(a)(1) or a declaration of intent under Section
29-8 253.164(a)(2);
29-9 (3) files a declaration of compliance under Section
29-10 253.164(a)(1) but later exceeds the limits on expenditures; or
29-11 (4) violates Section 253.173 or 253.174.
29-12 (b) The executive director of the commission shall issue an
29-13 order suspending the limits on contributions and expenditures for a
29-14 specific office not later than the fifth day after the date the
29-15 executive director determines that:
29-16 (1) a person has become a candidate for that office
29-17 and:
29-18 (A) has filed a declaration of intent to exceed
29-19 the limits on expenditures under Section 253.164(a)(2); or
29-20 (B) has failed to file a declaration of
29-21 compliance under Section 253.164(a)(1) or a declaration of intent
29-22 under Section 253.164(a)(2);
29-23 (2) the principal political committee of a complying
29-24 candidate for that office has exceeded the limit on expenditures
29-25 prescribed by this subchapter; or
30-1 (3) a candidate for that office has violated Section
30-2 253.173 or 253.174.
30-3 (e) A county clerk who receives a written allegation that
30-4 the principal campaign committee of a complying candidate has
30-5 exceeded the limit on expenditures or that a candidate has engaged
30-6 in conduct prohibited by Section 253.173 or 253.174 shall deliver a
30-7 copy of the allegation to the executive director of the commission
30-8 not later than the fifth day after the date the county clerk
30-9 receives the allegation. The county clerk shall, at no cost to the
30-10 commission, deliver to the executive director by mail or telephonic
30-11 facsimile machine copies of documents relevant to the allegation
30-12 not later than 48 hours after the executive director requests the
30-13 documents.
30-14 SECTION 32. Section 253.168(a), Election Code, is amended to
30-15 read as follows:
30-16 (a) For each election in which the candidate is involved,
30-17 the principal political committee of a complying candidate may not
30-18 knowingly make or authorize political expenditures that in the
30-19 aggregate exceed:
30-20 (1) for a statewide judicial office, $2 million;
30-21 (2) for the office of chief justice or justice, court
30-22 of appeals:
30-23 (A) $500,000, if the population of the judicial
30-24 district is more than one million; or
30-25 (B) $350,000, if the population of the judicial
31-1 district is one million or less; or
31-2 (3) for an office other than an office covered by
31-3 Subdivision (1) or (2):
31-4 (A) $350,000, if the population of the judicial
31-5 district is more than one million;
31-6 (B) $200,000, if the population of the judicial
31-7 district is 250,000 to one million; or
31-8 (C) $100,000, if the population of the judicial
31-9 district is less than 250,000.
31-10 SECTION 33. Section 253.169, Election Code, is amended to
31-11 read as follows:
31-12 Sec. 253.169. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
31-13 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.168, an
31-14 expenditure by a specific-purpose committee for the purpose of
31-15 supporting a candidate, opposing the candidate's opponent, or
31-16 assisting the candidate as an officeholder is considered to be an
31-17 expenditure by the principal political committee of the candidate
31-18 unless the candidate, in an affidavit filed with the authority with
31-19 whom the candidate's principal political committee is required to
31-20 file its campaign treasurer appointment [is required to be filed],
31-21 states that the candidate's campaign, including the candidate, an
31-22 aide to the candidate, a campaign officer, or a campaign consultant
31-23 of the candidate, has not directly or indirectly communicated with
31-24 the committee in regard to a strategic matter, including polling
31-25 data, advertising, or voter demographics, in connection with the
32-1 candidate's campaign.
32-2 (b) This section applies only to an expenditure of which the
32-3 principal campaign committee of the candidate or officeholder has
32-4 notice.
32-5 (c) An affidavit under this section shall be filed with the
32-6 next report the principal political committee of the candidate or
32-7 officeholder is required to file under Chapter 254 following the
32-8 receipt of notice of the expenditure.
32-9 SECTION 34. Sections 253.170(a) and (b), Election Code, are
32-10 amended to read as follows:
32-11 (a) A complying candidate for an office other than a
32-12 statewide judicial office and the candidate's principal political
32-13 committee are [or a specific-purpose committee for supporting such
32-14 a candidate is] not required to comply with the limits on
32-15 contributions, expenditures, and the reimbursement of personal
32-16 funds prescribed by this subchapter if a person other than the
32-17 candidate's opponent or the principal political committee of the
32-18 state executive committee or a county executive committee of a
32-19 political party makes political expenditures that in the aggregate
32-20 exceed $5,000 for the purpose of supporting the candidate's
32-21 opponent, opposing the candidate, or assisting the candidate's
32-22 opponent as an officeholder.
32-23 (b) A complying candidate for a statewide judicial office
32-24 and the candidate's principal political committee are [or a
32-25 specific-purpose committee for supporting such a candidate is] not
33-1 required to comply with the limits on contributions, expenditures,
33-2 and the reimbursement of personal funds prescribed by this
33-3 subchapter if a person other than the principal political committee
33-4 of the candidate's opponent or the principal political committee of
33-5 the state executive committee or a county executive committee of a
33-6 political party makes political expenditures that in the aggregate
33-7 exceed $25,000 for the purpose of supporting the candidate's
33-8 opponent, opposing the candidate, or assisting the candidate's
33-9 opponent as an officeholder.
33-10 SECTION 35. Section 253.171(a), Election Code, is amended to
33-11 read as follows:
33-12 (a) Except as provided by Subsection (b), a political
33-13 contribution to the principal political committee of a complying
33-14 candidate or a direct campaign expenditure on behalf of a complying
33-15 candidate that is made by the principal political committee of the
33-16 state executive committee or a county executive committee of a
33-17 political party is considered to be a political expenditure by the
33-18 principal political committee of the candidate for purposes of the
33-19 expenditure limits prescribed by Section 253.168.
33-20 SECTION 36. Section 253.172(a), Election Code, is amended to
33-21 read as follows:
33-22 (a) The principal political committee of a [A] candidate who
33-23 files a declaration of compliance under Section 253.164(a)(1) and
33-24 who later files a declaration of intent to exceed the limits on
33-25 expenditures under Section 253.164(a)(2) or a specific-purpose
34-1 committee for supporting such a candidate may not make a political
34-2 expenditure that causes the person to exceed the applicable limit
34-3 on expenditures prescribed by Section 253.168 before the 60th day
34-4 after the date the candidate files the declaration of intent to
34-5 exceed the limits on expenditures.
34-6 SECTION 37. The heading to Subchapter A, Chapter 254,
34-7 Election Code, is amended to read as follows:
34-8 SUBCHAPTER A. RECORD KEEPING; GENERAL PROVISIONS
34-9 SECTION 38. Section 254.001, Election Code, is amended to
34-10 read as follows:
34-11 Sec. 254.001. RECORD KEEPING REQUIRED. (a) [Each candidate
34-12 and each officeholder shall maintain a record of all reportable
34-13 activity.]
34-14 [(b)] Each campaign treasurer of a political committee shall
34-15 maintain a record of all reportable activity.
34-16 (b) [(c)] The record must contain the information that is
34-17 necessary for filing the reports required by this chapter.
34-18 (c) [(d)] A person required to maintain a record under this
34-19 section shall preserve the record for at least two years beginning
34-20 on the filing deadline for the report containing the information in
34-21 the record.
34-22 (d) [(e)] A person who violates this section commits an
34-23 offense. An offense under this section is a Class B misdemeanor.
34-24 SECTION 39. Subchapter A, Chapter 254, Election Code, is
34-25 amended by adding Section 254.002 to read as follows:
35-1 Sec. 254.002. SUBSTANTIAL INTEREST IN BUSINESS ENTITY. (a)
35-2 In this chapter, "business entity" means any entity recognized by
35-3 law through which business for profit is conducted, including a
35-4 sole proprietorship, partnership, firm, corporation, holding
35-5 company, joint stock company, receivership, or trust.
35-6 (b) For purposes of this chapter, a person has a substantial
35-7 interest in a business entity if the person:
35-8 (1) has a controlling interest in the business entity;
35-9 (2) owns more than 10 percent of the voting interest
35-10 in the business entity;
35-11 (3) owns more than $25,000 of the fair market value of
35-12 the business entity;
35-13 (4) has a direct or indirect participating interest by
35-14 shares, stock, or otherwise, regardless of whether voting rights
35-15 are included, in more than 10 percent of the profits, proceeds, or
35-16 capital gains of the business entity;
35-17 (5) is a member of the board of directors or other
35-18 governing board of the business entity; or
35-19 (6) serves as an elected officer of the business
35-20 entity.
35-21 SECTION 40. Section 254.031(a), Election Code, is amended to
35-22 read as follows:
35-23 (a) Except as otherwise provided by this chapter, each
35-24 report filed under this chapter must include:
35-25 (1) the amount of political contributions from each
36-1 person that in the aggregate exceed $100 [$50] and that are
36-2 accepted during the reporting period by the [person or] committee
36-3 required to file a report under this chapter, the full name, [and]
36-4 address, and principal occupation of the person making the
36-5 contributions, and the dates of the contributions;
36-6 (2) the amount of loans that are made during the
36-7 reporting period for campaign or officeholder purposes to the
36-8 [person or] committee required to file the report and that in the
36-9 aggregate exceed $100 [$50], the dates the loans are made, the
36-10 interest rate, the maturity date, the type of collateral for the
36-11 loans, if any, the full name and address of the person or financial
36-12 institution making the loans, the full name and address, principal
36-13 occupation, and name of the employer of each guarantor of the
36-14 loans, the amount of the loans guaranteed by each guarantor, and
36-15 the aggregate principal amount of all outstanding loans as of the
36-16 last day of the reporting period;
36-17 (3) the amount of political expenditures that in the
36-18 aggregate exceed $100 [$50] and that are made during the reporting
36-19 period, the full name and address of the persons to whom the
36-20 expenditures are made, and the dates and purposes of the
36-21 expenditures;
36-22 (4) the amount of each payment made during the
36-23 reporting period from a political contribution if the payment is
36-24 not a political expenditure, the full name and address of the
36-25 person to whom the payment is made, and the date and purpose of the
37-1 payment;
37-2 (5) the total amount or a specific listing of the
37-3 political contributions of $100 [$50] or less accepted and the
37-4 total amount or a specific listing of the political expenditures of
37-5 $100 [$50] or less made during the reporting period;
37-6 (6) the total amount of all political contributions
37-7 accepted and the total amount of all political expenditures made
37-8 during the reporting period; [and]
37-9 (7) the name of each candidate or officeholder who
37-10 benefits from a direct campaign expenditure made during the
37-11 reporting period by the person or committee required to file the
37-12 report, and the office sought or held, excluding a direct campaign
37-13 expenditure that is made by the principal political committee of a
37-14 political party on behalf of a slate of two or more nominees of
37-15 that party; and
37-16 (8) as of the last day of the reporting period, the
37-17 difference between:
37-18 (A) the sum of all money in accounts maintained
37-19 at financial institutions by the committee required to file the
37-20 report, the amount of political contributions received by the
37-21 committee but not deposited in an account, and cash on hand; and
37-22 (B) each outstanding check or other withdrawal
37-23 against an account at a financial institution.
37-24 SECTION 41. Subchapter B, Chapter 254, Election Code, is
37-25 amended by adding Sections 254.0312 and 254.0313 to read as
38-1 follows:
38-2 Sec. 254.0312. REPORTING BY OUT-OF-STATE POLITICAL
38-3 COMMITTEE. Instead of the information required by Sections
38-4 254.031(a)(3), (5), and (6), each report filed under this chapter
38-5 by an out-of-state political committee must include:
38-6 (1) the amount of political expenditures in connection
38-7 with elections in this state that in the aggregate exceed $100 and
38-8 that are made during the reporting period, the full name and
38-9 address of the persons to whom the expenditures are made, and the
38-10 dates and purposes of the expenditures;
38-11 (2) the total amount or a specific listing of the
38-12 political contributions of $100 or less accepted and the total
38-13 amount or a specific listing of the political expenditures in
38-14 connection with elections in this state of $100 or less made during
38-15 the reporting period; and
38-16 (3) the total amount of all political contributions
38-17 accepted and the total amount of all political expenditures in
38-18 connection with elections in this state made during the reporting
38-19 period.
38-20 Sec. 254.0313. USE OF FICTITIOUS CONTRIBUTORS. (a)
38-21 Notwithstanding any other provision of this chapter and as provided
38-22 by this section, a political committee may report political
38-23 contributions as received from fictitious contributors to permit
38-24 the committee to determine whether information regarding the
38-25 committee's contributors is being used in violation of Section
39-1 254.0401.
39-2 (b) A political committee may, on each report filed, list
39-3 not more than 10 fictitious names that do not represent the names
39-4 of actual contributors to the committee.
39-5 (c) A political committee that uses fictitious names shall
39-6 subtract the total dollar amount of the fictitious contributions
39-7 from the total amount of contributions listed under Section
39-8 254.031(a)(5) or 254.0312(3), as applicable.
39-9 (d) The principal political committee of a candidate or
39-10 officeholder or a specific-purpose committee may not attribute more
39-11 than $1,000 in contributions to the same fictitious contributor in
39-12 any calendar year. A general-purpose committee may not attribute
39-13 more than $5,000 in contributions to the same fictitious
39-14 contributor in any calendar year.
39-15 (e) A political committee that uses fictitious contributors
39-16 shall send a list of the fictitious contributors under separate
39-17 cover directly to the authority with whom the committee's campaign
39-18 treasurer appointment is required to be filed, on or before the
39-19 date any report containing those fictitious contributors is filed.
39-20 The authority shall maintain the list but shall exclude it from the
39-21 public record. A list submitted under this section is excepted from
39-22 the requirements of Section 552.021, Government Code.
39-23 (f) A political committee may not use fictitious
39-24 contributors to circumvent a reporting requirement or a limitation
39-25 or prohibition prescribed by this title.
40-1 SECTION 42. Sections 254.034(a) and (d), Election Code, are
40-2 amended to read as follows:
40-3 (a) A determination to accept or refuse a political
40-4 contribution that is received by a [candidate, officeholder, or]
40-5 political committee shall be made not later than the end of the
40-6 reporting period during which the contribution is received.
40-7 (d) A person [candidate, officeholder, or political
40-8 committee] commits an offense if the person knowingly fails to
40-9 return a political contribution as required by Subsection (c).
40-10 SECTION 43. Section 254.036, Election Code, is amended to
40-11 read as follows:
40-12 Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
40-13 (a) Each report filed under this chapter with an authority other
40-14 than the commission must be on a form prescribed by the commission
40-15 and must be written in black ink or typed with black typewriter
40-16 ribbon unless the report is a computer printout. If the report is
40-17 a computer printout, the printout must conform to the same format
40-18 and paper size as the form prescribed by the commission. A report
40-19 filed in compliance with this subsection must be:
40-20 (1) hand-delivered to the authority with whom it is
40-21 required to be filed; or
40-22 (2) mailed from and postmarked in:
40-23 (A) if the person filing the report is the
40-24 principal political committee of a candidate or officeholder, the
40-25 municipality in which the candidate or officeholder resides or the
41-1 municipality in which the office the candidate or officeholder
41-2 seeks or holds is located; or
41-3 (B) if the person filing the report is a
41-4 specific-purpose committee for supporting or opposing two or more
41-5 candidates or assisting two or more officeholders, the municipality
41-6 in which each candidate or officeholder resides, the municipality
41-7 in which the office each candidate or officeholder seeks or holds
41-8 is located, or the municipality in which the committee's campaign
41-9 treasurer resides.
41-10 (b) Except as provided by Subsection (c), (e), or (f) each
41-11 report filed with the commission under this chapter must be filed
41-12 by direct electronic transfer to the commission, using computer
41-13 software provided by the commission.
41-14 (c) A political committee that is required to file reports
41-15 with the commission under this chapter may file reports that comply
41-16 with Subsection (a) if the committee does not intend to accept
41-17 political contributions that in the aggregate exceed $15,000 or to
41-18 make political expenditures that in the aggregate exceed $15,000 in
41-19 connection with each election in which the committee is involved.
41-20 The amount of a filing fee paid by a candidate is excluded from the
41-21 $15,000 maximum expenditure permitted under this subsection. A
41-22 political committee shall file reports as required by Subsection
41-23 (b) if:
41-24 (1) the committee exceeds $15,000 in political
41-25 contributions or political expenditures in connection with an
42-1 election; or
42-2 (2) the committee assists an officeholder and exceeds
42-3 $15,000 in political contributions or political expenditures during
42-4 the period beginning on the 120th day after the date of the most
42-5 recent election in which the officeholder was a candidate and
42-6 ending on the 210th day before the date an application for a place
42-7 on the ballot or for nomination by convention for the office held
42-8 is required to be filed.
42-9 (d) To be entitled to file reports under Subsection (c), a
42-10 political committee must file with the campaign treasurer
42-11 appointment a written declaration of intent not to exceed $15,000
42-12 in political contributions or political expenditures in connection
42-13 with each election in which the committee is involved. The
42-14 declaration of intent must contain a statement that the political
42-15 committee understands that if the $15,000 maximum for political
42-16 contributions or political expenditures is exceeded, the committee
42-17 is required to file reports under Subsection (b).
42-18 (e) The principal political committee of a candidate for an
42-19 office described by Section 252.005(5) or a specific-purpose
42-20 committee for supporting or opposing only candidates for an office
42-21 described by Section 252.005(5) or a measure described by Section
42-22 252.007(5) may file reports that comply with Subsection (a).
42-23 (f) An individual required to file a report with the
42-24 commission in connection with a direct campaign expenditure to
42-25 which Section 253.062 applies may file a report that complies with
43-1 Subsection (a).
43-2 (g) Each report filed under this chapter must be accompanied
43-3 by an affidavit executed by the person required to file the report.
43-4 The affidavit must contain the statement: "I swear, or affirm,
43-5 under penalty of perjury, that the accompanying report is true and
43-6 correct and includes all information required to be reported by me
43-7 under Title 15, Election Code." A report filed under this chapter
43-8 is considered to be under oath by the person required to file the
43-9 report, and the person is subject to prosecution under Chapter 37,
43-10 Penal Code, regardless of the absence of or a defect in the
43-11 affidavit.
43-12 (h) [(c)] As part of the notification required by Section
43-13 251.033, the commission shall mail the appropriate forms to each
43-14 person required to file a report with the commission during that
43-15 reporting period.
43-16 (i) [(d)] The commission shall prescribe forms for purposes
43-17 of legislative caucus reports under Section 254.0311 that are
43-18 separate and distinct from forms for other reports under this
43-19 chapter.
43-20 (j) [(e) A report filed under this chapter is considered to
43-21 be under oath by the person required to file the report regardless
43-22 of the absence of or defect in the affidavit of verification,
43-23 including a signature.]
43-24 [(f) A person required to file a report under this chapter
43-25 is subject to prosecution under Chapter 37, Penal Code, regardless
44-1 of the absence of or defect in the affidavit of verification.]
44-2 [(g)] This section applies to a report that is filed
44-3 electronically or otherwise.
44-4 SECTION 44. Section 254.038, Election Code, is amended to
44-5 read as follows:
44-6 Sec. 254.038. ADDITIONAL REPORTS [TELEGRAM REPORT] BY
44-7 CERTAIN [CANDIDATES AND] POLITICAL COMMITTEES. (a) In addition to
44-8 other reports required by this chapter, the following persons shall
44-9 file additional reports during the period beginning the ninth day
44-10 before election day and ending at 12 noon on the second day before
44-11 election day:
44-12 (1) the principal political committee of a candidate
44-13 for statewide office who has an opponent whose name is to appear on
44-14 the ballot and who accepts political contributions from a person
44-15 that in the aggregate exceed $1,000 during that reporting period;
44-16 (2) the principal political committee of a candidate
44-17 for state senator who has an opponent whose name is to appear on
44-18 the ballot and who accepts political contributions from a person
44-19 that in the aggregate exceed $1,000 during that reporting period;
44-20 (3) the principal political committee of [(2)] a
44-21 candidate for state representative who has an opponent whose name
44-22 is to appear on the ballot and who accepts political contributions
44-23 from a person that in the aggregate exceed $200 during that
44-24 reporting period;
44-25 (4) a general-purpose committee that:
45-1 (A) accepts political contributions from a
45-2 person that in the aggregate exceed $1,000 during that reporting
45-3 period; or
45-4 (B) makes direct campaign expenditures
45-5 supporting or opposing either a single candidate that in the
45-6 aggregate exceed $1,000 or a group of candidates that in the
45-7 aggregate exceed $15,000 during that reporting period; and
45-8 (5) a principal political committee of a candidate or
45-9 officeholder or a specific-purpose committee that is required to
45-10 file reports with the commission under this chapter and that
45-11 accepts political contributions that in the aggregate exceed $1,000
45-12 during that reporting period, other than:
45-13 (A) a principal political committee listed in
45-14 Subdivisions (1)-(4);
45-15 (B) a principal political committee required to
45-16 file reports with the commission in connection with an office
45-17 described by Section 252.005(5); or
45-18 (C) a specific-purpose committee required to
45-19 file reports with the commission in connection with a measure
45-20 described by Section 252.007(5) [(3) a specific-purpose committee
45-21 for supporting or opposing a candidate for state senator and that
45-22 accepts political contributions from a person that in the aggregate
45-23 exceed $1,000 during that reporting period; and]
45-24 [(4) a specific-purpose committee for supporting or
45-25 opposing a candidate for state representative and that accepts
46-1 political contributions from a person that in the aggregate exceed
46-2 $200 during that reporting period].
46-3 (b) Each report required by this section must include the
46-4 amount of the political contributions specified by Subsection (a),
46-5 the full name and address of the person making the contributions,
46-6 and the dates of the contributions.
46-7 (c) A report under this section shall be filed
46-8 electronically or, if the person filing the report is permitted to
46-9 file reports that comply with Section 254.036(a), by telegram or
46-10 telephonic facsimile machine or by hand with the commission not
46-11 later than 48 hours after the contribution is accepted.
46-12 [(d) Section 254.036 does not apply to a report required by
46-13 this section.]
46-14 SECTION 45. Subchapter B, Chapter 254, Election Code, is
46-15 amended by adding Section 254.0381 to read as follows:
46-16 Sec. 254.0381. ADDITIONAL REPORT OF CERTAIN CONTRIBUTIONS.
46-17 (a) In addition to other reports required by this chapter, a
46-18 political committee that accepts a political contribution of $5,000
46-19 or more shall file a report not later than 24 hours after the
46-20 contribution is accepted.
46-21 (b) Each report required by this section must include the
46-22 amount of the political contribution, the full name, physical
46-23 residence or business address, and principal occupation of the
46-24 person making the contribution, and the date of the contribution.
46-25 (c) A report under this section shall be filed
47-1 electronically or, if the political committee filing the report is
47-2 permitted to file reports that comply with Section 254.036(a), by
47-3 telegram or telephonic facsimile machine or by hand.
47-4 SECTION 46. Section 254.0391(a), Election Code, is amended
47-5 to read as follows:
47-6 (a) The principal political committee of a [A] statewide
47-7 officeholder, a member of the legislature, [or a specific-purpose
47-8 committee for supporting, opposing, or assisting a statewide
47-9 officeholder or member of the legislature,] or a candidate for
47-10 statewide office or the legislature or a specific-purpose committee
47-11 for supporting or opposing two or more candidates for statewide
47-12 office or the legislature or for assisting two or more statewide
47-13 officeholders or members of the legislature [the candidate,] that
47-14 accepts a political contribution during the period beginning on the
47-15 date the governor signs the proclamation calling a special
47-16 legislative session and continuing through the date of final
47-17 adjournment shall report the contribution to the commission not
47-18 later than the 30th day after the date of final adjournment.
47-19 SECTION 47. Section 254.041(c), Election Code, is amended to
47-20 read as follows:
47-21 (c) A violation of Subsection (a)(2) by the principal
47-22 political committee of a candidate or officeholder is a Class A
47-23 misdemeanor if the report fails to include information required by
47-24 Section 254.061(3) [or Section 254.091(2), as applicable].
47-25 SECTION 48. Section 254.042(a), Election Code, is amended to
48-1 read as follows:
48-2 (a) The commission shall determine from any available
48-3 evidence whether a report, other than a [telegram] report under
48-4 Section 254.038 [or 254.039], required to be filed with the
48-5 commission under this chapter is late. On making that
48-6 determination, the commission shall immediately mail a notice of
48-7 the determination to the person required to file the report.
48-8 SECTION 49. Subchapter C, Chapter 254, Election Code, is
48-9 amended to read as follows:
48-10 SUBCHAPTER C. REPORTING BY PRINCIPAL POLITICAL COMMITTEE OF
48-11 CANDIDATE OR OFFICEHOLDER
48-12 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
48-13 to the contents required by Section 254.031, each report by the
48-14 principal political committee of a candidate or officeholder must
48-15 include:
48-16 (1) the candidate's or officeholder's full name and
48-17 address, the office sought or held, and the identity and date of
48-18 the election for which the report is filed, if applicable;
48-19 (2) the campaign treasurer's name, residence or
48-20 business street address, and telephone number;
48-21 (3) for each political committee from which the
48-22 candidate or officeholder received notice under Section 254.128 or
48-23 254.161:
48-24 (A) the committee's full name and address;
48-25 (B) an indication of whether the committee is a
49-1 general-purpose committee or a specific-purpose committee; and
49-2 (C) the full name and address of the committee's
49-3 campaign treasurer;
49-4 (4) the full name and address of each individual
49-5 acting as a campaign treasurer of a political committee under
49-6 Section 253.062 from whom the principal political committee
49-7 [candidate] received notice under Section 254.128 or 254.161; [and]
49-8 (5) on a separate page or pages of the report, the
49-9 identification of any payment from political contributions made to
49-10 a business in which the candidate or officeholder has a
49-11 participating interest of more than 10 percent, holds a position on
49-12 the governing body of the business, or serves as an officer of the
49-13 business; and
49-14 (6) on a separate page or pages of the report, the
49-15 identification and amount of any executory contract between a
49-16 person making political contributions that in the aggregate exceed
49-17 $5000 and that are accepted during the reporting period by the
49-18 principal political committee, or between a business entity in
49-19 which a person described by this subdivision has a substantial
49-20 interest, and:
49-21 (A) a state agency, if the candidate or
49-22 officeholder is a candidate for or holder of a statewide or
49-23 district office other than an office of district judge, district
49-24 attorney, or criminal district attorney;
49-25 (B) a state agency or the county in which the
50-1 candidate or officeholder will serve or serves, if the candidate or
50-2 officeholder is a candidate for or holder of an office of district
50-3 judge, district attorney, or criminal district attorney; or
50-4 (C) the political subdivision served by the
50-5 office sought or held by the candidate or officeholder, if the
50-6 candidate or officeholder seeks or holds an office other than an
50-7 office described by Paragraph (A) or (B).
50-8 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY PRINCIPAL
50-9 POLITICAL COMMITTEE OF CERTAIN JUDICIAL CANDIDATES AND
50-10 OFFICEHOLDERS. (a) In addition to the contents required by
50-11 Sections 254.031 and 254.061, each report by the principal
50-12 political committee of a candidate for or holder of a judicial
50-13 office covered by Subchapter F, Chapter 253, must include:
50-14 (1) the total amount of political contributions,
50-15 including interest or other income, maintained in one or more
50-16 accounts in which political contributions are deposited as of the
50-17 last day of the reporting period;
50-18 (2) for each individual from whom the principal
50-19 political committee [person] filing the report has accepted
50-20 political contributions that in the aggregate exceed $100 and that
50-21 are accepted during the reporting period:
50-22 (A) the principal occupation and job title of
50-23 the individual and the full name of the employer of the individual
50-24 or of the law firm of which the individual or the individual's
50-25 spouse is a member, if any; or
51-1 (B) if the individual is a child, the full name
51-2 of the law firm of which either of the individual's parents is a
51-3 member, if any;
51-4 (3) a specific listing of each asset valued at $500 or
51-5 more that was purchased with political contributions and on hand as
51-6 of the last day of the reporting period;
51-7 (4) for each political contribution accepted by the
51-8 principal political committee [person] filing the report but not
51-9 received as of the last day of the reporting period:
51-10 (A) the full name and address of the person
51-11 making the contribution;
51-12 (B) the amount of the contribution; and
51-13 (C) the date of the contribution; and
51-14 (5) for each outstanding loan to the principal
51-15 political committee [person] filing the report as of the last day
51-16 of the reporting period:
51-17 (A) the full name and address of the person or
51-18 financial institution making the loan; and
51-19 (B) the full name and address of each guarantor
51-20 of the loan other than the candidate or officeholder.
51-21 (b) In this section:
51-22 (1) "Child" has the meaning assigned by Section
51-23 253.158.
51-24 (2) "Law firm" and "member" have the meanings assigned
51-25 by Section 253.157.
52-1 Sec. 254.062. [CERTAIN OFFICEHOLDER ACTIVITY INCLUDED. If
52-2 an officeholder who becomes a candidate has reportable activity
52-3 that is not reported under Subchapter D before the end of the
52-4 period covered by the first report the candidate is required to
52-5 file under this subchapter, the reportable activity shall be
52-6 included in the first report filed under this subchapter instead of
52-7 in a report filed under Subchapter D.]
52-8 [Sec. 254.063.] SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
52-9 POLITICAL COMMITTEE [CANDIDATE]. (a) The principal political
52-10 committee of a [A] candidate or officeholder shall file two reports
52-11 for each year as provided by this section.
52-12 (b) The first report shall be filed not later than July 15.
52-13 The report covers the period beginning January 1, the day the
52-14 principal political committee's [candidate's] campaign treasurer
52-15 appointment is filed, or the first day after the period covered by
52-16 the last report required to be filed under this subchapter, as
52-17 applicable, and continuing through June 30.
52-18 (c) The second report shall be filed not later than January
52-19 15. The report covers the period beginning July 1, the day the
52-20 principal political committee's [candidate's] campaign treasurer
52-21 appointment is filed, or the first day after the period covered by
52-22 the last report required to be filed under this subchapter, as
52-23 applicable, and continuing through December 31.
52-24 Sec. 254.063 [254.064]. ADDITIONAL REPORTS OF PRINCIPAL
52-25 POLITICAL COMMITTEE OF OPPOSED CANDIDATE. (a) In addition to
53-1 other required reports, for each election in which a person is a
53-2 candidate and has an opponent whose name is to appear on the
53-3 ballot, the person's principal political committee [person] shall
53-4 file two reports.
53-5 (b) The first report shall be filed not later than the 30th
53-6 day before election day. The report covers the period beginning
53-7 the day the principal political committee's [candidate's] campaign
53-8 treasurer appointment is filed or the first day after the period
53-9 covered by the last report required to be filed under this chapter,
53-10 as applicable, and continuing through the 40th day before election
53-11 day.
53-12 (c) The second report shall be filed not later than the
53-13 eighth day before election day. The report covers the period
53-14 beginning the 39th day before election day and continuing through
53-15 the 10th day before election day.
53-16 (d) If a person becomes an opposed candidate after a
53-17 reporting period prescribed by Subsection (b) or (c), the person's
53-18 principal political committee [person] shall file the committee's
53-19 [person's] first report not later than the regular deadline for the
53-20 report covering the period during which the person becomes an
53-21 opposed candidate. The period covered by the first report begins
53-22 the day the committee's [candidate's] campaign treasurer
53-23 appointment is filed.
53-24 (e) In addition to other required reports, the principal
53-25 political committee of an opposed candidate in a runoff election
54-1 shall file one report for that election. The runoff election
54-2 report shall be filed not later than the eighth day before runoff
54-3 election day. The report covers the period beginning the ninth day
54-4 before the date of the main election and continuing through the
54-5 10th day before runoff election day.
54-6 Sec. 254.064 [254.065]. FINAL REPORT. (a) If the principal
54-7 political committee of a candidate or officeholder expects no
54-8 reportable activity in connection with the candidacy or office to
54-9 occur after the period covered by a report filed under this
54-10 subchapter, the committee [candidate] may designate the report as a
54-11 "final" report.
54-12 (b) The designation of a report as a final report:
54-13 (1) relieves the principal political committee
54-14 [candidate] of the duty to file additional reports under this
54-15 subchapter, except as provided by Subsection (c); and
54-16 (2) terminates the principal political committee's
54-17 [candidate's] campaign treasurer appointment.
54-18 (c) If, after a principal political committee's
54-19 [candidate's] final report is filed, reportable activity with
54-20 respect to the candidacy or office occurs, the principal political
54-21 committee [candidate] shall file the appropriate reports under this
54-22 subchapter and is otherwise subject to the provisions of this title
54-23 applicable to principal political committees of candidates and
54-24 officeholders. A report filed under this subsection may be
54-25 designated as a final report.
55-1 Sec. 254.065 [254.066]. AUTHORITY WITH WHOM REPORTS FILED.
55-2 Reports under this subchapter shall be filed with the authority
55-3 with whom the principal political committee's [candidate's]
55-4 campaign treasurer appointment is required to be filed.
55-5 SECTION 50. Section 254.121, Election Code, is amended to
55-6 read as follows:
55-7 Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. In addition
55-8 to the contents required by Section 254.031, each report by a
55-9 campaign treasurer of a specific-purpose committee must include:
55-10 (1) the committee's full name and address;
55-11 (2) the full name, residence or business street
55-12 address, and telephone number of the committee's campaign
55-13 treasurer;
55-14 (3) the identity and date of the election for which
55-15 the report is filed, if applicable;
55-16 (4) the name of each candidate and each measure
55-17 supported or opposed by the committee, indicating for each whether
55-18 the committee supports or opposes;
55-19 (5) the name of each officeholder assisted by the
55-20 committee;
55-21 (6) the amount of each political expenditure in the
55-22 form of a political contribution that is made to [a candidate,
55-23 officeholder, or] another political committee and that is returned
55-24 to the committee during the reporting period, the name of the
55-25 committee [person] to whom the expenditure was originally made, and
56-1 the date it is returned;
56-2 (7) on a separate page or pages of the report, the
56-3 identification of any payment from political contributions made to
56-4 a business in which a [the] candidate or officeholder supported or
56-5 assisted by the committee has a participating interest of more than
56-6 10 percent, holds a position on the governing body of the business,
56-7 or serves as an officer of the business; [and]
56-8 (8) on a separate page or pages of the report, the
56-9 identification of any contribution from a corporation or labor
56-10 organization made and accepted under Subchapter D, Chapter 253; and
56-11 (9) on a separate page or pages of the report, the
56-12 identification and amount of any executory contract between a
56-13 person making political contributions that in the aggregate exceed
56-14 $5000 and that are accepted during the reporting period by the
56-15 committee, or between a business entity in which a person described
56-16 by this subdivision has a substantial interest, and:
56-17 (A) a state agency, if the committee supports or
56-18 assists a candidate for or holder of a statewide or district office
56-19 other than an office of district judge, district attorney, or
56-20 criminal district attorney;
56-21 (B) a state agency or the county in which the
56-22 officeholder serves, if the committee supports or assists a
56-23 candidate for or holder of an office of district judge, district
56-24 attorney, or criminal district attorney; or
56-25 (C) the political subdivision served by the
57-1 office sought by the candidate or held by the officeholder, if the
57-2 committee supports or assists a candidate for or holder of an
57-3 office other than an office described by Paragraph (A) or (B).
57-4 SECTION 51. Section 254.126(a), Election Code, is amended to
57-5 read as follows:
57-6 (a) If a specific-purpose committee for assisting only
57-7 officeholders [an officeholder] expects no reportable activity to
57-8 occur after the period covered by a report filed under this
57-9 subchapter, the committee's campaign treasurer may designate the
57-10 report as a "dissolution" report.
57-11 SECTION 52. Section 254.128(a), Election Code, is amended to
57-12 read as follows:
57-13 (a) If a specific-purpose committee accepts political
57-14 contributions or makes political expenditures for a candidate or
57-15 officeholder, the committee's campaign treasurer shall deliver
57-16 written notice of that fact to the principal political committee of
57-17 the affected candidate or officeholder not later than the end of
57-18 the period covered by the report in which the reportable activity
57-19 occurs.
57-20 SECTION 53. Section 254.151, Election Code, is amended to
57-21 read as follows:
57-22 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
57-23 to the contents required by Section 254.031, each report by a
57-24 campaign treasurer of a general-purpose committee must include:
57-25 (1) the committee's full name and address;
58-1 (2) the full name, residence or business street
58-2 address, and telephone number of the committee's campaign
58-3 treasurer;
58-4 (3) the identity and date of the election for which
58-5 the report is filed, if applicable;
58-6 (4) the name of each identified candidate or measure
58-7 or classification by party of candidates supported or opposed by
58-8 the committee, indicating whether the committee supports or opposes
58-9 each listed candidate, measure, or classification by party of
58-10 candidates;
58-11 (5) the name of each identified officeholder or
58-12 classification by party of officeholders assisted by the committee;
58-13 (6) the principal occupation of each person from whom
58-14 political contributions that in the aggregate exceed $100 are
58-15 accepted during the reporting period;
58-16 (7) the amount of each political expenditure in the
58-17 form of a political contribution made to [a candidate,
58-18 officeholder, or] another political committee that is returned to
58-19 the committee during the reporting period, the name of the
58-20 committee [person] to whom the expenditure was originally made, and
58-21 the date it is returned; and
58-22 (8) the amount of political contributions from a
58-23 corporation or labor organization under Section 253.100 that in the
58-24 aggregate exceed $100 and that are accepted during the reporting
58-25 period by the committee, the full name and address of the
59-1 corporation or labor organization making the contributions, and the
59-2 dates of the contributions; and
59-3 (9) on a separate page or pages of the report, the
59-4 identification of any political contribution from a corporation or
59-5 labor organization made and accepted under Subchapter D, Chapter
59-6 253 other than a contribution reported under Subdivision (8).
59-7 SECTION 54. Subchapter F, Chapter 254, Election Code, is
59-8 amended by adding Section 254.1511 to read as follows:
59-9 Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
59-10 POLITICAL PARTY; ADDITIONAL CONTENTS. (a) Each semiannual report
59-11 by the principal political committee of the state executive
59-12 committee of a political party must list the political
59-13 contributions and political expenditures made in connection with
59-14 each candidate or officeholder.
59-15 (b) In addition to the contents required by Sections 254.031
59-16 and 254.151, each report by the principal political committee of
59-17 the state executive committee of a political party must include,
59-18 for each candidate or officeholder for whose benefit the principal
59-19 political committee makes a political contribution or political
59-20 expenditure in the calendar year:
59-21 (1) the total amount of political contributions made
59-22 during the calendar year to the principal political committee of
59-23 the candidate or officeholder or to another political committee on
59-24 behalf of the candidate or officeholder; and
59-25 (2) the total amount of political expenditures made
60-1 during the calendar year for the benefit of the candidate or
60-2 officeholder.
60-3 SECTION 55. Section 254.181(a), Election Code, is amended to
60-4 read as follows:
60-5 (a) The principal political committee of an [An] opposed
60-6 candidate or a specific-purpose committee required to file reports
60-7 under Subchapter C or E may file a report under this subchapter
60-8 instead if the [candidate or] committee does not intend to accept
60-9 political contributions that in the aggregate exceed $500 or to
60-10 make political expenditures that in the aggregate exceed $500 in
60-11 connection with the election.
60-12 SECTION 56. Section 254.182, Election Code, is amended to
60-13 read as follows:
60-14 Sec. 254.182. DECLARATION OF INTENT REQUIRED. (a) To be
60-15 entitled to file reports under this subchapter, the principal
60-16 political committee of an opposed candidate or a specific-purpose
60-17 committee must file with the campaign treasurer appointment a
60-18 written declaration of intent not to exceed $500 in political
60-19 contributions or political expenditures in the election.
60-20 (b) The declaration of intent must contain a statement that
60-21 the [candidate or] committee understands that if the $500 maximum
60-22 for contributions and expenditures is exceeded, the [candidate or]
60-23 committee is required to file reports under Subchapter C or E, as
60-24 applicable.
60-25 SECTION 57. Sections 254.183(a), (b), and (d), Election
61-1 Code, are amended to read as follows:
61-2 (a) The principal political committee of an [An] opposed
61-3 candidate or a specific-purpose committee that exceeds $500 in
61-4 political contributions or political expenditures in the election
61-5 shall file reports as required by Subchapter C or E, as applicable.
61-6 (b) If a [candidate or] committee exceeds the $500 maximum
61-7 after the filing deadline prescribed by Subchapter C or E for the
61-8 first report required to be filed under the appropriate subchapter,
61-9 the [candidate or] committee shall file a report not later than 48
61-10 hours after the maximum is exceeded.
61-11 (d) The reporting period for the next report filed by the
61-12 [candidate or] committee begins on the day after the last day of
61-13 the period covered by the report filed under Subsection (b).
61-14 SECTION 58. Section 254.184, Election Code, is amended to
61-15 read as follows:
61-16 Sec. 254.184. APPLICABILITY OF REGULAR REPORTING
61-17 REQUIREMENTS. (a) Subchapter C or E, as applicable, applies to
61-18 the principal political committee of an opposed candidate or a
61-19 specific-purpose committee filing under this subchapter to the
61-20 extent that the appropriate subchapter does not conflict with this
61-21 subchapter.
61-22 (b) A [candidate or] committee filing under this subchapter
61-23 is not required to file any reports of political contributions and
61-24 political expenditures other than the semiannual reports required
61-25 to be filed not later than July 15 and January 15.
62-1 SECTION 59. Section 254.201, Election Code, is amended to
62-2 read as follows:
62-3 Sec. 254.201. ANNUAL REPORT OF UNEXPENDED CONTRIBUTIONS. A
62-4 [(a) This section applies to:]
62-5 [(1) a] former officeholder or a person who was an
62-6 unsuccessful candidate who has unexpended political contributions
62-7 after the person's principal political committee files [filing] the
62-8 last report required to be filed by Subchapter C [D; or]
62-9 [(2) a person who was an unsuccessful candidate who
62-10 has unexpended political contributions after filing the last report
62-11 required to be filed by Subchapter C.]
62-12 [(b) A person covered by this section] shall file an annual
62-13 report for each year in which the person retains unexpended
62-14 contributions.
62-15 SECTION 60. Section 254.203(a), Election Code, is amended to
62-16 read as follows:
62-17 (a) A person may not retain political contributions covered
62-18 by this title, assets purchased with the contributions, or interest
62-19 and other income earned on the contributions for more than six
62-20 years after the date the person either ceases to be an officeholder
62-21 or candidate or the person's principal political committee files a
62-22 final report under this chapter, whichever is later.
62-23 SECTION 61. Sections 254.204(a) and (d), Election Code, are
62-24 amended to read as follows:
62-25 (a) At the end of the six-year period prescribed by Section
63-1 254.203, the former officeholder or candidate shall remit any
63-2 unexpended political contributions to one or more of the following:
63-3 (1) the political party with which the person was
63-4 affiliated when the person's name last appeared on a ballot;
63-5 (2) a [candidate or] political committee;
63-6 (3) the comptroller [of public accounts] for deposit
63-7 in the state treasury [State Treasury];
63-8 (4) one or more persons from whom political
63-9 contributions were received, in accordance with Subsection (d);
63-10 (5) a recognized tax-exempt, charitable organization
63-11 formed for educational, religious, or scientific purposes; or
63-12 (6) a public or private postsecondary educational
63-13 institution or an institution of higher education as defined by
63-14 Section 61.003(8), Education Code, solely for the purpose of
63-15 assisting or creating a scholarship program.
63-16 (d) The amount of political contributions disposed of under
63-17 Subsection (a)(4) to one person may not exceed the aggregate amount
63-18 accepted from that person during the last two years that the
63-19 principal political committee of the candidate or officeholder
63-20 accepted contributions under this title.
63-21 SECTION 62. Section 254.231(b), Election Code, is amended to
63-22 read as follows:
63-23 (b) The principal political committee of each [Each]
63-24 opposing candidate whose name appears on the ballot is entitled to
63-25 recover damages under this section.
64-1 SECTION 63. The following provisions of the Election Code
64-2 are repealed:
64-3 (1) Sections 251.005, 253.032, 253.036, 253.100(d) and
64-4 254.039; and
64-5 (2) Subchapter D, Chapter 254.
64-6 SECTION 64. This Act takes effect September 1, 1999.
64-7 SECTION 65. (a) Not later than September 15, 1999, each
64-8 person who on September 1, 1999, is a candidate, as that term is
64-9 defined in Section 251.001, Election Code, or an officeholder
64-10 covered by Title 15, Election Code, shall designate a principal
64-11 political committee as required by Section 251.010, Election Code,
64-12 as added by this Act.
64-13 (b) Not later than the 15th day after the date a candidate
64-14 or officeholder designates a principal political committee as
64-15 required by Subsection (a) of this section, the person shall
64-16 transfer to the committee each asset that the person holds in the
64-17 person's capacity as a candidate or officeholder.
64-18 (c) Not later than the 15th day after the date a candidate
64-19 or officeholder designates a principal political committee as
64-20 required by Subsection (a) of this section, the committee shall
64-21 assume each liability of the person in the person's capacity as a
64-22 candidate or officeholder.
64-23 SECTION 66. (a) Section 253.031, Election Code, as amended
64-24 by this Act, applies only to a political contribution accepted or
64-25 political expenditure made by an out-of-state political committee,
65-1 as that term is defined in Section 251.001, Election Code, on or
65-2 after September 1, 1999. A political contribution accepted or a
65-3 political expenditure made by an out-of-state political committee
65-4 before September 1, 1999, is governed by the law in effect at the
65-5 time the contribution is accepted or expenditure is made, and the
65-6 former law is continued in effect for that purpose.
65-7 (b) Subchapter D, Chapter 253 and Sections 254.031, 254.038,
65-8 254.061, 254.121, and 254.151, Election Code, as amended by this
65-9 Act, and Sections 254.0312, 254.0381, and 254.1511, Election Code,
65-10 as added by this Act, apply only to the reporting of a political
65-11 contribution accepted or political expenditure made on or after
65-12 September 1, 1999. The reporting of a political contribution
65-13 accepted or a political expenditure made before that date is
65-14 governed by the law in effect at the time the contribution or
65-15 expenditure was accepted or made, and the former law is continued
65-16 in effect for that purpose.
65-17 (c) Sections 253.042(b) and 253.162, Election Code, as
65-18 amended by this Act, apply only to repayment of a loan or extension
65-19 of credit that is made on or after September 1, 1999. The
65-20 repayment of a loan or extension of credit that was made before
65-21 September 1, 1999, is governed by the law in effect on the date the
65-22 loan or extension of credit was made, and the former law is
65-23 continued in effect for that purpose.
65-24 SECTION 67. To the extent of any conflict, this Act prevails
65-25 over another Act of the 76th Legislature, Regular Session, 1999,
66-1 relating to nonsubstantive additions and corrections in enacted
66-2 codes.
66-3 SECTION 68. The importance of this legislation and the
66-4 crowded condition of the calendars in both houses create an
66-5 emergency and an imperative public necessity that the
66-6 constitutional rule requiring bills to be read on three several
66-7 days in each house be suspended, and this rule is hereby suspended.