1-1     By:  Moncrief                                          S.B. No. 418
 1-2           (In the Senate - Filed February 5, 1999; February 8, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     April 20, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 1; April 20, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 418                By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to procedures for and access to reports of political
1-11     contributions and expenditures; providing a civil penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 251, Election Code, is
1-14     amended by adding Section 251.031 to read as follows:
1-15           Sec. 251.031.  INDEX OF REPORTS; PUBLICATIONS.  (a)  The
1-16     commission shall:
1-17                 (1)  maintain separate indexes of reports filed with
1-18     the commission by candidates, officeholders, and political
1-19     committees under this title, publish the indexes regularly, and
1-20     make the indexes available for purchase; and
1-21                 (2)  produce and distribute a general index explaining
1-22     the types and location of records under this title that are
1-23     available for public use.
1-24           (b)  The commission shall make information from the indexes
1-25     available by electronic means as provided for reports under Section
1-26     254.0401.
1-27           (c)  The commission shall periodically publish a list of
1-28     candidates, officeholders, and political committees required to
1-29     file reports with the commission under this title that have failed
1-30     to do so.
1-31           (d)  The commission shall annually publish a report
1-32     summarizing information contained in reports filed with the
1-33     commission under this title.
1-34           SECTION 2.  Subchapter B, Chapter 254, Election Code, is
1-35     amended by adding Section 254.0312 to read as follows:
1-36           Sec. 254.0312.  USE OF FICTITIOUS CONTRIBUTORS.
1-37     (a)  Notwithstanding any other provision of this chapter and as
1-38     provided by this section, a candidate, officeholder, or political
1-39     committee may report political contributions as received from
1-40     fictitious contributors to permit the person to determine whether
1-41     information regarding the person's contributors is being used in
1-42     violation of Section 254.0402.
1-43           (b)  A candidate, officeholder, or political committee may,
1-44     on each report filed, list not more than 10 fictitious names that
1-45     do  not represent the names of actual contributors to the person.
1-46           (c)  A candidate, officeholder, or political committee that
1-47     uses fictitious names shall subtract the total dollar amount of the
1-48     fictitious political contributions from the total amount of
1-49     contributions listed under Section 254.031(a)(5).
1-50           (d)  A candidate, officeholder, or specific-purpose committee
1-51     may not attribute more than $1,000 in political contributions to
1-52     the same fictitious contributor in any calendar year.  A
1-53     general-purpose committee may not attribute more than $5,000 in
1-54     political contributions to the same fictitious contributor in any
1-55     calendar year.
1-56           (e)  A candidate, officeholder, or political committee that
1-57     uses fictitious contributors shall send a list of the fictitious
1-58     contributors under separate cover directly to the authority with
1-59     whom the person's campaign treasurer appointment is required to be
1-60     filed, on or before the date any report containing those fictitious
1-61     contributors is filed.  The authority shall maintain the list but
1-62     shall exclude it from the public record.  A list submitted under
1-63     this section is excepted from the requirements of Section 552.021,
1-64     Government Code.
 2-1           (f)  A candidate, officeholder, or political committee may
 2-2     not use fictitious contributors to circumvent a reporting
 2-3     requirement or a limitation or prohibition prescribed by this
 2-4     title.
 2-5           SECTION 3.  Section 254.036, Election Code, is amended to
 2-6     read as follows:
 2-7           Sec. 254.036.  FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
 2-8     (a)  Each report filed under this chapter with an authority other
 2-9     than the commission must be on a form prescribed by the commission
2-10     and must be written in black ink or typed with black typewriter
2-11     ribbon unless the report is a computer printout.  If the report is
2-12     a computer printout, the printout must conform to the same format
2-13     and paper size as the form prescribed by the commission.
2-14           (b)  Except as provided by Subsection (c), (d), (e), or (f),
2-15     each report filed with the commission under this chapter must be
2-16     filed by direct electronic transfer through the Internet to the
2-17     commission, using computer software provided by the commission.
2-18           (c)  A candidate, officeholder, or political committee that
2-19     is required to file reports with the commission under this chapter
2-20     may file reports that comply with Subsection (a) if the candidate,
2-21     officeholder, or committee does not intend to accept political
2-22     contributions that in the aggregate exceed $15,000 or to make
2-23     political expenditures that in the aggregate exceed $15,000 in a
2-24     calendar year.  The amount of a filing fee paid by a candidate is
2-25     excluded from the $15,000 maximum expenditure permitted under this
2-26     subsection.  A candidate, officeholder, or political committee that
2-27     exceeds $15,000 in political contributions or political
2-28     expenditures in a calendar year shall file reports as required by
2-29     Subsection (b).  To be entitled to file reports under this
2-30     subsection, a candidate or political committee must file with the
2-31     campaign treasurer appointment a written declaration of intent not
2-32     to exceed $15,000 in political contributions or political
2-33     expenditures in a calendar year.  To be entitled to file reports
2-34     under this subsection, an officeholder must file with the
2-35     commission a written declaration of intent not to exceed $15,000 in
2-36     political contributions or political expenditures in a calendar
2-37     year.  The declaration of intent must be filed not later than
2-38     January 1 of the calendar year to which it is intended to apply or
2-39     the 30th day after the date the officeholder becomes subject to
2-40     this chapter, if the officeholder was not subject to this chapter
2-41     on January 1.  A declaration of intent under this subsection must
2-42     contain a statement that the candidate, officeholder, or committee
2-43     understands that if the $15,000 maximum for political contributions
2-44     or political expenditures is exceeded, the candidate, officeholder,
2-45     or committee is required to file reports under Subsection (b).
2-46           (d)  A candidate, officeholder, or political committee that
2-47     is required to file reports with the commission under this chapter
2-48     may file reports that comply with Subsection (a)  if the candidate,
2-49     officeholder, or campaign treasurer of the committee files with the
2-50     commission an affidavit stating that the candidate, officeholder,
2-51     or committee or an agent of the candidate, officeholder, or
2-52     committee does not use computer equipment to keep records of
2-53     political contributions, political expenditures, or persons making
2-54     political contributions to the candidate, officeholder, or
2-55     committee or that the candidate, officeholder, or political
2-56     committee or an agent of the candidate, officeholder, or committee
2-57     uses computer equipment that does not have access to the Internet.
2-58     An affidavit under this subsection must be filed with each report
2-59     filed under Subsection (a).  The affidavit must include a statement
2-60     that the candidate, officeholder, or political committee
2-61     understands that if the candidate, officeholder, or committee or an
2-62     agent of the candidate, officeholder, or committee uses computer
2-63     equipment for a purpose described by this subsection or obtains
2-64     Internet access, the candidate, officeholder, or committee is
2-65     required to file reports under Subsection (b).
2-66           (e)  A candidate for an office described by Section
2-67     252.005(5) or a specific-purpose committee for supporting or
2-68     opposing only candidates for an office described by Section
2-69     252.005(5) or a measure described by Section 252.007(5) may file
 3-1     reports that comply with Subsection (a).
 3-2           (f)  An individual required to file a report with the
 3-3     commission in connection with a direct campaign expenditure to
 3-4     which Section 253.062 applies may file a report that complies with
 3-5     Subsection (a).
 3-6           (g)  Each report filed under this chapter that is not filed
 3-7     by direct electronic transfer through the Internet must be
 3-8     accompanied by an affidavit executed by the person required to file
 3-9     the report.  The affidavit must contain the statement:  "I swear,
3-10     or affirm, under penalty of perjury, that the accompanying report
3-11     is true and correct and includes all information required to be
3-12     reported by me under Title 15, Election Code."  Each report filed
3-13     under this chapter by direct electronic transfer must be under oath
3-14     by the person required to file the report and must contain, in
3-15     compliance with commission specifications, the digitized signature
3-16     of the person required to file the report.  A report filed under
3-17     this chapter is considered to be under oath by the person required
3-18     to file the report, and the person is subject to prosecution under
3-19     Chapter 37, Penal Code, regardless of the absence of or a defect in
3-20     the affidavit.
3-21           (h) [(c)]  As part of the notification required by Section
3-22     251.033, the commission shall mail the appropriate forms to each
3-23     person required to file a report with the commission during that
3-24     reporting period.
3-25           (i) [(d)]  The commission shall prescribe forms for purposes
3-26     of legislative caucus reports under Section 254.0311 that are
3-27     separate and distinct from forms for other reports under this
3-28     chapter.
3-29           (j) [(e)  A report filed under this chapter is considered to
3-30     be under oath by the person required to file the report regardless
3-31     of the absence of or defect in the affidavit of verification,
3-32     including a signature.]
3-33           [(f)  A person required to file a report under this chapter
3-34     is subject to prosecution under Chapter 37, Penal  Code, regardless
3-35     of the absence of or defect in the affidavit of verification.]
3-36           [(g)]  This section applies to a report that is filed
3-37     electronically or otherwise.
3-38           (k)  Notwithstanding Subsection (b), a candidate,
3-39     officeholder, or political committee that is required to file
3-40     reports with the commission under this chapter may file reports
3-41     that comply with Subsection (a) if the commission has not provided
3-42     computer software to enable the candidate, officeholder, or
3-43     committee to file reports under Subsection (b) before the 30th day
3-44     before the last day of the reporting period for which the report is
3-45     required.  This subsection expires September 1, 2001.
3-46      SECTION 4.  Subchapter B, Chapter 254, Election Code, is amended
3-47     by adding Sections 254.0401 and 254.0402 to read as follows:
3-48           Sec. 254.0401.  PUBLIC INSPECTION OF REPORTS.  (a)  A report
3-49     filed under this chapter shall be made available for public
3-50     inspection at the office of the authority with whom the report is
3-51     filed not later than the second business day after the date the
3-52     report is received.
3-53           (b)  Notwithstanding Section 552.222(a), Government Code, the
3-54     authority with whom a report is filed under this chapter may not
3-55     require a person examining the report to provide any information or
3-56     identification.
3-57           (c)  The commission shall make information from reports filed
3-58     with the commission under this chapter available by electronic
3-59     means, including:
3-60                 (1)  providing access to computer terminals at the
3-61     commission's office;
3-62                 (2)  providing information on computer diskette for
3-63     purchase at a reasonable cost; and
3-64                 (3)  providing modem or other electronic access to the
3-65     information.
3-66           Sec. 254.0402.  RESTRICTION ON USE, SALE, OR DISTRIBUTION OF
3-67     CONTRIBUTOR INFORMATION.  (a)  In this section, "contributor
3-68     information" means the name, address, and telephone number of a
3-69     person listed in a report filed under this chapter as having made a
 4-1     political contribution.
 4-2           (b)  A person may not knowingly use, sell, or distribute
 4-3     contributor information copied or otherwise obtained from a report
 4-4     filed under this chapter for the purpose of soliciting for a
 4-5     commercial purpose.
 4-6           (c)  A person may solicit political contributions from a
 4-7     political committee whose contributor information the person
 4-8     obtains from a report filed under this chapter.
 4-9           (d)  A person may use contributor information copied or
4-10     otherwise obtained from a report filed under this chapter in a
4-11     newspaper, magazine, book, or similar communication if the
4-12     principal purpose of the communication is not to communicate any
4-13     contributor information for the purpose of soliciting for a
4-14     commercial purpose.
4-15           (e)  A person who violates this section is civilly liable to
4-16     the state for an amount not to exceed the greater of:
4-17                 (1)  $5,000; or
4-18                 (2)  the amount of any contribution received as a
4-19     result of the violation.
4-20           SECTION 5.  Subsection (b), Section 254.040, Election Code,
4-21     is repealed.
4-22           SECTION 6.  This Act takes effect July 1, 2000.
4-23           SECTION 7.  Section 254.036, Election Code, as amended by
4-24     this Act, applies only to a report required to be filed under
4-25     Chapter 254, Election Code, on or after July 1, 2000.  A report
4-26     required to be filed under Chapter 254, Election Code, before July
4-27     1, 2000, may be filed in compliance with Section 254.036, Election
4-28     Code, as that section existed before amendment by this Act, and the
4-29     former law is continued in effect for that purpose.
4-30           SECTION 8.  The importance of this legislation and the
4-31     crowded condition of the calendars in both houses create an
4-32     emergency and an imperative public necessity that the
4-33     constitutional rule requiring bills to be read on three several
4-34     days in each house be suspended, and this rule is hereby suspended.
4-35                                  * * * * *