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.