By Ogden S.B. No. 895
76R7594 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reporting of political contributions and expenditures
1-3 and to civil penalties for late reports.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 254.036, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
1-8 (a) Each report filed under this chapter with an authority other
1-9 than the commission must be on a form prescribed by the commission
1-10 and must be written in black ink or typed with black typewriter
1-11 ribbon unless the report is a computer printout. If the report is
1-12 a computer printout, the printout must conform to the same format
1-13 and paper size as the form prescribed by the commission.
1-14 (b) Except as provided by Subsection (c), (d), (e), or (f),
1-15 each report filed with the commission under this chapter must be
1-16 filed by computer diskette, modem, or other means of electronic
1-17 transfer, using computer software provided by the commission or
1-18 computer software that meets commission specifications for a
1-19 standard file format.
1-20 (c) A candidate or political committee that is required to
1-21 file reports with the commission under this chapter may file
1-22 reports that comply with Subsection (a) if the candidate or
1-23 committee does not intend to accept political contributions that in
1-24 the aggregate exceed $10,000 or to make political expenditures that
2-1 in the aggregate exceed $10,000 in connection with the election.
2-2 The amount of a filing fee paid by a candidate is excluded from the
2-3 $10,000 maximum expenditure permitted under this subsection. A
2-4 candidate or political committee that exceeds $10,000 in political
2-5 contributions or political expenditures in connection with the
2-6 election shall file reports as required by Subsection (b). To be
2-7 entitled to file reports under this subsection, a candidate or
2-8 political committee must file with the campaign treasurer
2-9 appointment a written declaration of intent not to exceed $10,000
2-10 in political contributions or political expenditures in connection
2-11 with the election. The declaration of intent must contain a
2-12 statement that the political committee understands that if the
2-13 $10,000 maximum for political contributions or political
2-14 expenditures is exceeded, the committee is required to file reports
2-15 under Subsection (b).
2-16 (d) An officeholder or a specific-purpose committee for
2-17 assisting an officeholder that is required to file reports with the
2-18 commission under this chapter may file reports that comply with
2-19 Subsection (a) if the officeholder or committee does not intend to
2-20 accept political contributions that in the aggregate exceed $10,000
2-21 or to make political expenditures that in the aggregate exceed
2-22 $10,000 in a reporting period under Section 254.093 or 254.123. An
2-23 officeholder or committee that exceeds $10,000 in political
2-24 contributions or political expenditures in a reporting period shall
2-25 file reports as required by Subsection (a). To be entitled to file
2-26 reports under this subsection, an officeholder or the campaign
2-27 treasurer of a committee must file with the commission a written
3-1 declaration of intent not to exceed $10,000 in political
3-2 contributions or political expenditures in a reporting period. The
3-3 declaration of intent must be filed not later than the first day of
3-4 the first reporting period to which it is intended to apply and
3-5 must contain a statement that the officeholder or committee
3-6 understands that if the $10,000 maximum for political contributions
3-7 or political expenditures is exceeded, the officeholder or
3-8 committee is required to file reports under Subsection (b).
3-9 (e) A candidate for an office described by Section
3-10 252.005(5) or a specific-purpose committee for supporting or
3-11 opposing only candidates for an office described by Section
3-12 252.005(5) or a measure described by Section 252.007(5) may file
3-13 reports that comply with Subsection (a).
3-14 (f) An individual required to file a report with the
3-15 commission in connection with a direct campaign expenditure to
3-16 which Section 253.062 applies may file a report that complies with
3-17 Subsection (a).
3-18 (g) Each report filed under this chapter must be accompanied
3-19 by an affidavit executed by the person required to file the report.
3-20 The affidavit must contain the statement: "I swear, or affirm,
3-21 under penalty of perjury, that the accompanying report is true and
3-22 correct and includes all information required to be reported by me
3-23 under Title 15, Election Code." A report filed under this chapter
3-24 is considered to be under oath by the person required to file the
3-25 report, and the person is subject to prosecution under Chapter 37,
3-26 Penal Code, regardless of the absence of or a defect in the
3-27 affidavit.
4-1 (h) [(c)] As part of the notification required by Section
4-2 251.033, the commission shall mail the appropriate forms to each
4-3 person required to file a report with the commission during that
4-4 reporting period.
4-5 (i) [(d)] The commission shall prescribe forms for purposes
4-6 of legislative caucus reports under Section 254.0311 that are
4-7 separate and distinct from forms for other reports under this
4-8 chapter.
4-9 (j) [(e) A report filed under this chapter is considered to
4-10 be under oath by the person required to file the report regardless
4-11 of the absence of or defect in the affidavit of verification,
4-12 including a signature.]
4-13 [(f) A person required to file a report under this chapter
4-14 is subject to prosecution under Chapter 37, Penal Code, regardless
4-15 of the absence of or defect in the affidavit of verification.]
4-16 [(g)] This section applies to a report that is filed
4-17 electronically or otherwise.
4-18 SECTION 2. Section 254.038, Election Code, is amended by
4-19 amending the heading and Subsection (c) to read as follows:
4-20 Sec. 254.038. ADDITIONAL REPORTS [TELEGRAM REPORT] BY
4-21 CERTAIN CANDIDATES AND POLITICAL COMMITTEES.
4-22 (c) A report under this section by a candidate or political
4-23 committee permitted to file reports under this chapter that comply
4-24 with Section 254.036(a) shall be filed by telegram or telephonic
4-25 facsimile machine or by hand with the commission not later than 48
4-26 hours after the contribution is accepted.
4-27 SECTION 3. Section 254.039, Election Code, is amended by
5-1 amending the heading and Subsections (a) and (c) to read as
5-2 follows:
5-3 Sec. 254.039. ADDITIONAL REPORTS [TELEGRAM REPORT] BY
5-4 CERTAIN GENERAL-PURPOSE COMMITTEES. (a) In addition to other
5-5 reports required by this chapter, a general-purpose committee that
5-6 makes direct campaign expenditures supporting or opposing either a
5-7 single candidate that in the aggregate exceed $1,000 or a group of
5-8 candidates that in the aggregate exceed $15,000 during the period
5-9 beginning the ninth day before election day and ending at 12 noon
5-10 on the second day before election day shall file a report [by
5-11 telegram or telephonic facsimile machine or by hand with the
5-12 commission not later than 48 hours after the expenditure is made].
5-13 (c) A report under this section by a political committee
5-14 permitted to file reports under this chapter that comply with
5-15 Section 254.036(a) shall be filed by telegram or telephonic
5-16 facsimile machine or by hand with the commission not later than 48
5-17 hours after the contribution is accepted [Section 254.036 does not
5-18 apply to a report required by this section].
5-19 SECTION 4. Section 254.042(a), Election Code, is amended to
5-20 read as follows:
5-21 (a) The commission shall determine from any available
5-22 evidence whether a report[, other than a telegram report under
5-23 Section 254.038 or 254.039,] required to be filed with the
5-24 commission under this chapter is late. On making that
5-25 determination as to a report other than a report under Section
5-26 254.038 or 254.039, the commission shall immediately mail a notice
5-27 of the determination to the person required to file the report.
6-1 SECTION 5. Section 254.064, Election Code, is amended to
6-2 read as follows:
6-3 Sec. 254.064. ADDITIONAL REPORTS OF OPPOSED CANDIDATE.
6-4 (a) In addition to other required reports, for each election in
6-5 which a person is a candidate and has an opponent whose name is to
6-6 appear on the ballot, the person shall file four [two] reports.
6-7 (b) The first report shall be filed not later than the 30th
6-8 day before election day. The report covers the period beginning
6-9 the day the candidate's campaign treasurer appointment is filed or
6-10 the first day after the period covered by the last report required
6-11 to be filed under this chapter, as applicable, and continuing
6-12 through the 40th day before election day.
6-13 (c) The second report shall be filed not later than the 18th
6-14 day before election day. The report covers the period beginning
6-15 the 39th day before election day and continuing through the 21st
6-16 day before election day.
6-17 (d) The third report shall be filed not later than the 11th
6-18 day before election day. The report covers the period beginning
6-19 the 20th day before election day and continuing through the 14th
6-20 day before election day.
6-21 (e) The fourth report shall be filed not later than the
6-22 fourth [eighth] day before election day. The report covers the
6-23 period beginning the 13th [39th] day before election day and
6-24 continuing through the 7th [10th] day before election day.
6-25 (f) [(d)] If a person becomes an opposed candidate after a
6-26 reporting period prescribed by Subsection (b), [or] (c), (d), or
6-27 (e), the person shall file the person's first report not later than
7-1 the regular deadline for the report covering the period during
7-2 which the person becomes an opposed candidate. The period covered
7-3 by the first report begins the day the candidate's campaign
7-4 treasurer appointment is filed.
7-5 (g) [(e)] In addition to other required reports, an opposed
7-6 candidate in a runoff election shall file one report for that
7-7 election. The runoff election report shall be filed not later than
7-8 the eighth day before runoff election day. The report covers the
7-9 period beginning the sixth [ninth] day before the date of the main
7-10 election and continuing through the 10th day before runoff election
7-11 day.
7-12 SECTION 6. Section 254.038(d), Election Code, is repealed.
7-13 SECTION 7. This Act takes effect September 1, 1999.
7-14 SECTION 8. (a) Sections 254.036, 254.038, 254.039, and
7-15 254.064, Election Code, as amended by this Act, apply only to a
7-16 report required to be filed under Chapter 254, Election Code, on or
7-17 after January 1, 2000. A report required to be filed under Chapter
7-18 254, Election Code, before January 1, 2000, may be filed in
7-19 compliance with Sections 254.036, 254.038, 254.039, and 254.064,
7-20 Election Code, as those sections existed before amendment by this
7-21 Act, and the former law is continued in effect for that purpose.
7-22 (b) Section 254.042, Election Code, as amended by this Act,
7-23 applies only to a report required to be filed under Chapter 254,
7-24 Election Code, on or after September 1, 1999. A report required to
7-25 be filed under Chapter 254, Election Code, before September 1,
7-26 1999, is governed by Section 254.042, Election Code, as that
7-27 section existed before amendment by this Act, and the former law is
8-1 continued in effect for that purpose.
8-2 SECTION 9. The importance of this legislation and the
8-3 crowded condition of the calendars in both houses create an
8-4 emergency and an imperative public necessity that the
8-5 constitutional rule requiring bills to be read on three several
8-6 days in each house be suspended, and this rule is hereby suspended.