By Moncrief                                            S.B. No. 418
         76R4740 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to procedures for and access to reports of political
 1-3     contributions and expenditures.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 251, Election Code, is
 1-6     amended by adding Section 251.031 to read as follows:
 1-7           Sec. 251.031.  INDEX OF REPORTS; PUBLICATIONS.  (a)  The
 1-8     commission shall:
 1-9                 (1)  maintain separate indexes of reports filed with
1-10     the commission by candidates, officeholders, and political
1-11     committees under this title, publish the indexes regularly, and
1-12     make the indexes available for purchase; and
1-13                 (2)  produce and distribute a general index explaining
1-14     the types and location of records under this title that are
1-15     available for public use.
1-16           (b)  The commission shall make information from the indexes
1-17     available by electronic means as provided for reports under Section
1-18     254.0401.
1-19           (c)  The commission shall periodically publish a list of
1-20     candidates, officeholders, and political committees required to
1-21     file reports with the commission under this title that have failed
1-22     to do so.
1-23           (d)  The commission shall annually publish a report
1-24     summarizing information contained in reports filed with the
 2-1     commission under this title.
 2-2           SECTION 2.  Section 254.036, Election Code, is amended to
 2-3     read as follows:
 2-4           Sec. 254.036.  FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
 2-5     (a)  Each report filed under this chapter with an authority other
 2-6     than the commission must be on a form prescribed by the commission
 2-7     and must be written  in black ink or typed with black typewriter
 2-8     ribbon unless the report is a computer printout.  If the report is
 2-9     a computer printout, the printout must conform to the same format
2-10     and paper size as the form prescribed by the commission.
2-11           (b)  Except as provided by Subsection (c), (d), (e), (f), or
2-12     (g), each report filed with the commission under this chapter must
2-13     be  filed by computer diskette, modem, or other means of electronic
2-14     transfer, using computer software provided by the commission or
2-15     computer software that meets commission specifications for a
2-16     standard file format.
2-17           (c)  A candidate or political committee that is required to
2-18     file reports with the commission under this chapter may file
2-19     reports that comply with Subsection (a)  if the candidate or
2-20     committee does not intend to accept political contributions that in
2-21     the aggregate exceed $5,000 or to make political expenditures that
2-22     in the aggregate exceed $5,000 in connection with the election.
2-23     The amount of a filing fee paid by a candidate is excluded from the
2-24     $5,000 maximum expenditure permitted under this subsection.  A
2-25     candidate or political committee that exceeds $5,000 in political
2-26     contributions or political expenditures in connection with the
2-27     election shall file reports as required by Subsection (b).  To be
 3-1     entitled to file reports under this subsection, a candidate or
 3-2     political committee must file with the campaign treasurer
 3-3     appointment a written declaration of intent not to exceed $5,000 in
 3-4     political contributions or political expenditures in connection
 3-5     with the election.  The declaration of intent must contain a
 3-6     statement that the political committee understands that if the
 3-7     $5,000 maximum for political contributions or political
 3-8     expenditures is exceeded, the committee is required to file reports
 3-9     under Subsection (b).
3-10           (d)  An officeholder or a specific-purpose committee for
3-11     assisting an officeholder that is required to file reports with the
3-12     commission under this chapter may file reports that comply with
3-13     Subsection (a)  if the officeholder or committee does not intend to
3-14     accept political contributions that in the aggregate exceed $5,000
3-15     or to make political expenditures that in the aggregate exceed
3-16     $5,000 in a reporting period under Section 254.093 or 254.123.  An
3-17     officeholder or committee that exceeds $5,000 in political
3-18     contributions or political expenditures in a reporting period shall
3-19     file reports as required by Subsection (b).  To be entitled to file
3-20     reports under this subsection, an officeholder or the campaign
3-21     treasurer of a committee must file with the commission a written
3-22     declaration of intent not to exceed $5,000 in political
3-23     contributions or political expenditures in a reporting period.  The
3-24     declaration of intent must be filed not later than the first day of
3-25     the first reporting period to which it is intended to apply and
3-26     must contain a statement that the officeholder or committee
3-27     understands that if the $5,000 maximum for political contributions
 4-1     or political expenditures is exceeded, the officeholder or
 4-2     committee is required to file reports under Subsection (b).
 4-3           (e)  A candidate, officeholder, or political committee that
 4-4     is required to file reports with the commission under this chapter
 4-5     may file reports that comply with Subsection (a)  if the candidate,
 4-6     officeholder, or campaign treasurer of the committee files with the
 4-7     commission an affidavit stating that the candidate, officeholder,
 4-8     or committee or an agent of the candidate, officeholder, or
 4-9     committee does not use computer equipment to solicit or acknowledge
4-10     political contributions or to keep records of political
4-11     contributions, political expenditures, or persons making political
4-12     contributions to the candidate, officeholder, or committee.  An
4-13     affidavit under this subsection must be filed with each report
4-14     filed under Subsection (a).  The affidavit must include a statement
4-15     that the candidate, officeholder, or political committee
4-16     understands that if the candidate, officeholder, or committee or an
4-17     agent of the candidate, officeholder, or committee uses computer
4-18     equipment for a purpose described by this subsection, the
4-19     candidate, officeholder, or committee is required to file reports
4-20     under Subsection (b).
4-21           (f)  A candidate for an office described by Section
4-22     252.005(5) or a specific-purpose committee for supporting or
4-23     opposing only candidates for an office described by Section
4-24     252.005(5) or a measure described by Section 252.007(5) may file
4-25     reports that comply with Subsection (a).
4-26           (g)  An individual required to file a report with the
4-27     commission in connection with a direct campaign expenditure to
 5-1     which Section 253.062 applies may file a report that complies with
 5-2     Subsection (a).
 5-3           (h)  Each report filed under this chapter must be accompanied
 5-4     by an affidavit executed by the person required to file the report.
 5-5     The affidavit must contain the statement:  "I swear, or affirm,
 5-6     under penalty of perjury, that the accompanying report is true and
 5-7     correct and includes all information required to be reported by me
 5-8     under Title 15, Election Code."  A report filed under this chapter
 5-9     is considered to be under oath by the person required to file the
5-10     report, and the person is subject to prosecution under Chapter 37,
5-11     Penal Code, regardless of the absence of or a defect in the
5-12     affidavit.
5-13           (i) [(c)]  As part of the notification required by Section
5-14     251.033, the commission shall mail the appropriate forms to each
5-15     person required to file a report with the commission during that
5-16     reporting period.
5-17           (j) [(d)]  The commission shall prescribe forms for purposes
5-18     of legislative caucus reports under Section 254.0311 that are
5-19     separate and distinct from forms for other reports under this
5-20     chapter.
5-21           (k) [(e)  A report filed under this chapter is considered to
5-22     be under oath by the person required to file the report  regardless
5-23     of the absence of or defect in the affidavit of verification,
5-24     including a signature.]
5-25           [(f)  A person required to file a report under this chapter
5-26     is subject to prosecution under Chapter 37, Penal  Code, regardless
5-27     of the absence of or defect in the affidavit of verification.]
 6-1           [(g)]  This section applies to a report that is filed
 6-2     electronically or otherwise.
 6-3           SECTION 3.  Subchapter B, Chapter 254, Election Code, is
 6-4     amended by adding Sections 254.0401 and 254.0402 to read as
 6-5     follows:
 6-6           Sec. 254.0401.  PUBLIC INSPECTION OF REPORTS.  (a)  A report
 6-7     filed under this chapter shall be made available for public
 6-8     inspection at the office of the authority with whom the report is
 6-9     filed not later than the second business day after the date the
6-10     report is received.
6-11           (b)  Notwithstanding Section 552.222(a), Government Code, the
6-12     authority with whom a report is filed under this chapter may not
6-13     require a person examining the report to provide any information or
6-14     identification.
6-15           (c)  The commission shall make information from reports filed
6-16     with the commission under this chapter available by electronic
6-17     means, including:
6-18                 (1)  providing access to computer terminals at the
6-19     commission's office;
6-20                 (2)  providing information on computer diskette for
6-21     purchase at a reasonable cost; and
6-22                 (3)  providing modem or other electronic access to the
6-23     information.
6-24           Sec. 254.0402.  RESTRICTION ON USE, SALE, OR DISTRIBUTION OF
6-25     CONTRIBUTOR INFORMATION.  (a)  In this  section, "contributor
6-26     information" means the name, address, and telephone number of a
6-27     person listed in a report filed under this chapter as having made a
 7-1     political contribution.
 7-2           (b)  A person may not knowingly use, sell, or distribute
 7-3     contributor information copied or otherwise obtained from a report
 7-4     filed under this chapter for the purpose of soliciting political
 7-5     contributions or charitable contributions or for a commercial
 7-6     purpose.
 7-7           (c)  A person may solicit political contributions from a
 7-8     political committee whose contributor information the person
 7-9     obtains from a report filed under this chapter.
7-10           (d)  A person may use contributor information copied or
7-11     otherwise obtained from a report filed under this chapter in a
7-12     newspaper, magazine, book, or similar communication if the
7-13     principal purpose of the communication is not to communicate any
7-14     contributor information for the purpose of soliciting political
7-15     contributions or charitable contributions or for a commercial
7-16     purpose.
7-17           (e)  A person who violates this section is civilly liable to
7-18     the state for an amount not to exceed the greater of:
7-19                 (1)  $5,000; or
7-20                 (2)  the amount of any contribution received as a
7-21     result of the violation.
7-22           SECTION 4.  This Act takes effect September 1, 1999.
7-23           SECTION 5.  Section 254.036, Election Code, as amended by
7-24     this Act, applies only to a report required to be filed under
7-25     Chapter 254, Election Code, on or after January 1, 2000.  A report
7-26     required to be filed under Chapter 254, Election Code, before
7-27     January 1, 2000, may be filed in compliance with Section 254.036,
 8-1     Election Code, as that section existed before amendment by this
 8-2     Act, and the former law is continued in effect for that purpose.
 8-3           SECTION 6.  The importance of this legislation and the
 8-4     crowded condition of the calendars in both houses create an
 8-5     emergency and an imperative public necessity that the
 8-6     constitutional rule requiring bills to be read on three several
 8-7     days in each house be suspended, and this rule is hereby suspended.