By Harris S.B. No. 1865
76R11394 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulating and reporting certain political
1-3 contributions and political expenditures; providing a criminal
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 251.001(15), Election Code, is amended to
1-7 read as follows:
1-8 (15) "Out-of-state political committee" means a
1-9 political committee that:
1-10 (A) makes political expenditures outside this
1-11 state; and
1-12 (B) in the 12 months immediately preceding the
1-13 making of a political expenditure by the committee inside this
1-14 state (other than an expenditure made in connection with a campaign
1-15 for a federal office or made for a federal officeholder), makes 90
1-16 [80] percent or more of the committee's total political
1-17 expenditures in any combination of elections outside this state and
1-18 federal offices not voted on in this state.
1-19 SECTION 2. Chapter 253, Election Code, is amended by adding
1-20 Subchapter G to read as follows:
1-21 SUBCHAPTER G. RESTRICTIONS ON POLITICAL CONTRIBUTIONS AND
1-22 EXPENDITURES IN CONNECTION WITH EXECUTIVE AND LEGISLATIVE OFFICES
1-23 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-24 applies only to a political contribution or political expenditure
2-1 in connection with:
2-2 (1) a statewide office other than a judicial office;
2-3 (2) the office of state senator;
2-4 (3) the office of state representative; or
2-5 (4) the office of member, State Board of Education.
2-6 Sec. 253.202. LIMIT ON CONTRIBUTION BY CHILD. (a) A child
2-7 may not knowingly make or authorize political contributions to a
2-8 candidate or officeholder that, in connection with each election in
2-9 which the candidate or officeholder is involved, in the aggregate
2-10 exceed $100.
2-11 (b) A person may not knowingly accept a political
2-12 contribution, and shall refuse a political contribution that is
2-13 received, in violation of Subsection (a).
2-14 (c) In this section, "child" means a person under 18 years
2-15 of age who is not and has not been married or who has not had the
2-16 disabilities of minority removed for general purposes.
2-17 Sec. 253.203. NOTICE REQUIRED FOR CERTAIN CONTRIBUTIONS AND
2-18 EXPENDITURES. (a) A person other than the principal political
2-19 committee of the state executive committee or a county executive
2-20 committee of a political party may not make a political
2-21 contribution that exceeds $5,000 or a direct campaign expenditure
2-22 for the purpose of supporting or opposing one or more candidates
2-23 that exceeds $5,000 unless the person files with the commission
2-24 and, if applicable, each candidate whom the expenditure benefits a
2-25 written declaration of the person's intent to make the contribution
2-26 or expenditure before the contribution or expenditure is made. The
2-27 declaration must include the amount of the contribution or
3-1 expenditure.
3-2 (b) The commission shall file a declaration received under
3-3 Subsection (a) with the records of the candidate to whom the
3-4 political contribution is made or each candidate whom the direct
3-5 campaign expenditure benefits. Not later than 24 hours after
3-6 receiving a declaration under Subsection (a), the commission shall:
3-7 (1) make the information contained in the declaration
3-8 easily accessible on the commission's Internet site; or
3-9 (2) deliver a copy of the declaration by telephonic
3-10 facsimile machine or overnight mail to each candidate who opposes
3-11 the candidate to whom the contribution is made or whom the
3-12 expenditure benefits.
3-13 (c) For purposes of this section, a direct campaign
3-14 expenditure that opposes a candidate is considered to benefit each
3-15 candidate for the office other than the opposed candidate.
3-16 (d) A political expenditure made by a political committee or
3-17 other association that consists only of costs incurred in
3-18 contacting the committee's or association's dues-paying membership
3-19 may be made without the declaration required by Subsection (a).
3-20 SECTION 3. Subchapter C, Chapter 254, Election Code, is
3-21 amended by adding Section 254.0612 to read as follows:
3-22 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CANDIDATES
3-23 FILING WITH COMMISSION. (a) In addition to the contents required
3-24 by Sections 254.031, 254.061, and, if applicable, 254.0611, each
3-25 report by a candidate who is required to file reports with the
3-26 commission must include, for each political committee from which
3-27 the candidate accepts a political contribution and receives notice
4-1 under Section 254.1281 or 254.1611, the full name, address,
4-2 principal occupation, and employer of each person who, since the
4-3 January 1 preceding the most recent general election for state and
4-4 county officers, has made political contributions to that committee
4-5 that in the aggregate exceed $5,000 in any 12-month period.
4-6 (b) If a person making political contributions described by
4-7 Subsection (a) is a political committee, the candidate's report
4-8 must include, if applicable, the information required by Subsection
4-9 (a) as to political contributions to that committee.
4-10 SECTION 4. Subchapter D, Chapter 254, Election Code, is
4-11 amended by adding Section 254.0912 to read as follows:
4-12 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY
4-13 OFFICEHOLDERS FILING WITH COMMISSION. (a) In addition to the
4-14 contents required by Sections 254.031, 254.091, and, if applicable,
4-15 254.0911, each report by an officeholder who is required to file
4-16 reports with the commission must include, for each political
4-17 committee from which the officeholder accepts a political
4-18 contribution and receives notice under Section 254.1281 or
4-19 254.1611, the full name, address, principal occupation, and
4-20 employer of each person who, since the January 1 preceding the most
4-21 recent general election for state and county officers, has made
4-22 political contributions to that committee that in the aggregate
4-23 exceed $5,000 in any 12-month period.
4-24 (b) If a person making political contributions described by
4-25 Subsection (a) is a political committee, the officeholder's report
4-26 must include, if applicable, the information required by Subsection
4-27 (a) as to political contributions to that committee.
5-1 SECTION 5. Subchapter E, Chapter 254, Election Code, is
5-2 amended by adding Section 254.1281 to read as follows:
5-3 Sec. 254.1281. NOTICE TO CERTAIN CANDIDATES AND
5-4 OFFICEHOLDERS OF CONTRIBUTIONS. (a) If a specific-purpose
5-5 committee makes a political contribution to a candidate or
5-6 officeholder who is required to file reports with the commission,
5-7 the committee's campaign treasurer shall deliver written notice to
5-8 the affected candidate or officeholder that includes the full name,
5-9 address, principal occupation, and employer of each person who,
5-10 since the January 1 preceding the most recent general election for
5-11 state and county officers, has made political contributions to the
5-12 committee that in the aggregate exceed $5,000 in any 12-month
5-13 period.
5-14 (b) The notice must be delivered with the political
5-15 contribution.
5-16 (c) If no person has made political contributions described
5-17 by Subsection (a) to the political committee since the January 1
5-18 preceding the most recent general election for state and county
5-19 officers, the campaign treasurer shall indicate that fact in the
5-20 notice.
5-21 (d) The notice must include the full name and address of the
5-22 political committee and its campaign treasurer and an indication
5-23 that the committee is a specific-purpose committee.
5-24 (e) A campaign treasurer commits an offense if the campaign
5-25 treasurer fails to comply with this section. An offense under this
5-26 section is a Class C misdemeanor.
5-27 SECTION 6. Subchapter F, Chapter 254, Election Code, is
6-1 amended by adding Section 254.1611 to read as follows:
6-2 Sec. 254.1611. NOTICE TO CERTAIN CANDIDATES AND
6-3 OFFICEHOLDERS OF CONTRIBUTIONS. If a general-purpose committee
6-4 other than the principal political committee of the state executive
6-5 committee or a county executive committee of a political party
6-6 makes a political contribution to a candidate or officeholder who
6-7 is required to file reports with the commission, the committee's
6-8 campaign treasurer shall deliver written notice to the affected
6-9 candidate or officeholder as provided by Section 254.1281 for a
6-10 specific-purpose committee.
6-11 SECTION 7. This Act takes effect September 1, 1999.
6-12 SECTION 8. (a) Subchapter G, Chapter 253, Election Code, as
6-13 added by this Act, applies only to a political contribution
6-14 accepted or a political expenditure made on or after September 1,
6-15 1999. A political contribution accepted or a political expenditure
6-16 made before that date is governed by the law in effect at the time
6-17 the contribution was accepted or the expenditure was made.
6-18 (b) Sections 254.0612, 254.0912, 254.1281, and 254.1611,
6-19 Election Code, as added by this Act, apply only to the reporting of
6-20 a political contribution made on or after September 1, 1999. The
6-21 reporting of a political contribution made before September 1,
6-22 1999, is governed by the law in effect at the time the contribution
6-23 was made, and the former law is continued in effect for that
6-24 purpose.
6-25 SECTION 9. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.