Amend CSHB 2 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 251.001, Election Code, is amended by
amending Subdivisions (2) and (8) and adding Subdivisions (21) and
(22) to read as follows:
(2) "Contribution" means a direct or indirect transfer
of money, goods, services, or any other thing of value and includes
an agreement made or other obligation incurred, whether legally
enforceable or not, to make a transfer. The term includes a loan
or extension of credit, other than those expressly excluded by this
subdivision, and a guarantee of a loan or extension of credit,
including a loan described by this subdivision. The term does not
include:
(A) a loan made in the due course of business by
a corporation that is legally engaged in the business of lending
money and that has conducted the business continuously for more
than one year before the loan is made; <or>
(B) an expenditure required to be reported under
Section 305.006(b), Government Code; or
(C) the value of services provided without
compensation by any individual who volunteers on behalf of a
candidate, officeholder, or political committee.
(8) "Direct campaign expenditure" means an expenditure
by a person for, or related to, political advertising that contains
express advocacy and is not made with the cooperation of, in
consultation with, in concert with, or at the request or suggestion
of a candidate or officeholder or any agent or political committee
controlled by the candidate or officeholder. Political advertising
is made with the cooperation of, in consultation with, in concert
with, or at the request or suggestion of a candidate or
officeholder or any agent or political committee controlled by the
candidate or officeholder only if it is a coordinated general
public political communication as defined by this section <a
campaign expenditure that does not constitute a campaign
contribution by the person making the expenditure>.
(21) "Coordinated general public political
communication" means political advertising that is:
(A) paid for by a person other than a candidate
or officeholder or a political committee controlled by the
candidate or officeholder; and
(B) created, produced, or distributed:
(i) at the explicit request or suggestion
of the candidate or officeholder or a political committee
controlled by or an authorized agent of the candidate or
officeholder;
(ii) after the candidate or officeholder
or the candidate's agent has exercised control or decision-making
authority over the content, timing, location, mode, intended
audience, volume of distribution, or frequency of placement of the
communication; or
(iii) after substantial discussion or
negotiation between the creator, producer, or distributor of the
communication, or the person paying for the communication, and the
candidate or officeholder or a political committee controlled by or
authorized agent of the candidate or officeholder regarding the
content, timing, location, mode, intended audience, volume of
distribution, or frequency of placement of the communication, the
result of which is substantial collaboration or agreement amounting
to a partnership or joint venture between the other person and the
candidate or officeholder with respect to the political
communication.
(22) "Express advocacy" means a communication that
advocates the election or defeat of a clearly identified candidate
or officeholder or measure by containing a word or phrase such as
"vote for," "reelect," "support," "cast your ballot for," "(name of
candidate) for legislature," "(name of candidate or measure) in
2002," "vote against," "defeat," or "reject."
SECTION 2. Section 251.005, Election Code, is amended to
read as follows:
Sec. 251.005. ELECTRONIC FILING FOR OUT-OF-STATE COMMITTEES
<EXCLUDED>. (a) An out-of-state political committee that files
reports with the Federal Election Commission or with the election
authority of another state is not required to file such reports
with the Texas Ethics Commission if all of the committee's reports
are available electronically. An out-of-state political committee
that elects not to file reports with the Texas Ethics Commission
shall file a one-page notice with the commission stating that:
(1) the committee files reports with the Federal
Election Commission or with the election authority of another
state; and
(2) those reports include contributions or
expenditures made by the committee in connection with elections in
Texas. <An out-of-state political committee is not subject to
Chapter 252 or 254, except as provided by Subsection (b) or (c).>
(b) A report filed with another state is not considered to
be available electronically under Subsection (a) if the Texas
Ethics Commission determines that the disclosure requirements of
the other state are less than the disclosure requirements of this
state <If an out-of-state committee decides to file a campaign
treasurer appointment under Chapter 252, at the time the
appointment is filed the committee becomes subject to this title to
the same extent as a political committee that is not an
out-of-state committee.>
<(c) If an out-of-state committee performs an activity that
removes the committee from out-of-state status as defined by
Section 251.001(15), the committee becomes subject to this title to
the same extent as a political committee that is not an
out-of-state committee>.
SECTION 3. Subchapter A, Chapter 251, Election Code, is
amended by adding Section 251.010 to read as follows:
Sec. 251.010. PROTECTION OF INFORMATION. (a) Recognizing
that contributor information required to be included in reports
required by Chapter 254 is proprietary information having
substantial value, no information obtained from any reports
required to be maintained or filed under this title may, without
the express written consent of the filer, be sold or used by any
person other than the filer:
(1) for soliciting contributions for any purpose; or
(2) for any commercial purposes.
(b) The use of information that is copied or otherwise
obtained from reports filed under this title in newspapers,
magazines, books, or other similar communications is permissible if
the principal purpose of the communication is to educate the public
and not to communicate any contributor information listed on the
reports for the purpose of soliciting contributions or for other
commercial purposes.
(c) A person required to report contributions under Chapter
254 may submit up to 10 pseudonyms on each report filed in order to
protect against illegal use of names and addresses of contributors
provided that the total amount of fictitious contributions does not
exceed the greater of five percent of contributions reported or
$2,500. If a filer uses pseudonyms, the filer shall subtract the
total dollar amount of the fictitious contributions from the total
of unitemized contributions required to be reported under Section
254.031(a)(6). Any filer who uses pseudonyms shall submit a list
of the pseudonyms and amounts contributed separately to the
commission on or before the date on which the report containing the
fictitious names is filed. The commission shall exclude the list
of pseudonyms from the public records, and the list shall be kept
confidential by the commission and may not be disclosed to the
public for any reason without the express written consent of the
filer.
(d) In addition to any penalties imposed by the commission,
any person found to have violated Subsection (a) or (c) shall be
liable in damages to the person filing the report. In this
subsection, "damages" means the fair market value of the
contributor information improperly used and the reasonable
attorney's fees incurred by the filer. In addition to damages, the
person filing the report shall be entitled as a matter of right to
an injunction prohibiting a violation of this section and an order
recovering reasonable attorney's fees incurred to obtain the
injunctive relief from any district court in this state.
(e) A filer may not use this section for the purpose of
circumventing the reporting requirements of this title by
materially inflating the amount of contributions reported by the
filer.
SECTION 4. Subsection (a), Section 252.003, Election Code,
is amended to read as follows:
(a) In addition to the information required by Section
252.002, a campaign treasurer appointment by a general-purpose
committee must include:
(1) the full name, and any acronym of the name that
will be used in the name of the committee as provided by Subsection
(d), of each corporation, labor organization, or other association
or legal entity that directly establishes, administers, or controls
the committee, if applicable, or the name of each person who
determines to whom the committee makes contributions or the name of
each person who determines for what purposes the committee makes
expenditures; and
(2) <the full name and address of each general-purpose
committee to whom the committee intends to make political
contributions; and>
<(3)> the name of the committee and, if the name is an
acronym, the words the acronym represents.
SECTION 5. Subchapter A, Chapter 253, Election Code, is
amended by adding Section 253.006 to read as follows:
Sec. 253.006. COERCION PROHIBITED. (a) A person, including
a candidate, officeholder, or political committee, commits an
offense if the person uses or threatens to use physical force, job
discrimination, or financial reprisal to obtain a contribution or
other thing of value to be used to influence the result of an
election or to assist an officeholder.
(b) A candidate, officeholder, or political committee
commits an offense if the person accepts or uses money or any other
thing of value that is known by the candidate or officeholder or by
an officer of the political committee, or an individual who causes
the political committee to accept or use the money or other thing
of value, to have been obtained in violation of Subsection (a).
(c) An offense under this section is a felony of the third
degree.
SECTION 6. Section 253.031, Election Code, is amended to
read as follows:
Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN
TREASURER PROHIBITED. (a) A candidate may not knowingly accept a
campaign contribution or make or authorize a campaign expenditure
at a time when a campaign treasurer appointment for the candidate
is not in effect.
(b) A political committee may not knowingly accept political
contributions totaling more than $500 or make or authorize
political expenditures totaling more than $500 at a time when a
campaign treasurer appointment for the committee is not in effect.
(c) A political committee that files its appointment of
treasurer within 30 days before an election may not knowingly make
or authorize a campaign contribution or campaign expenditure
supporting or opposing a candidate for an office specified by
Section 252.005(1) in a primary or general election unless the
committee files within 48 hours after such appointment of treasurer
a report that contains the information required by Chapter 254
covering the period through the date the committee's appointment of
<campaign> treasurer was <appointment has been> filed <not later
than the 30th day before the appropriate election day>.
(d) This section does not apply to a political party's
county executive committee that accepts political contributions or
makes political expenditures, except that:
(1) a county executive committee that accepts
political contributions or makes political expenditures shall
maintain the records required by Section 254.001; and
(2) a county executive committee that accepts
political contributions or makes political expenditures that, in
the aggregate, exceed $5,000 in a calendar year shall file:
(A) a campaign treasurer appointment as required
by Section 252.001 not later than the 15th day after the date that
amount is exceeded; and
(B) the reports required by Subchapter F,
Chapter 254, including in the political committee's first report
all political contributions accepted and all political expenditures
made before the effective date of the campaign treasurer
appointment.
(e) This section does not apply to an out-of-state political
committee unless the committee meets the requirements of <is
subject to Chapter 252 under> Section 251.005.
(f) A person who violates this section commits an offense.
An offense under this section is a Class A misdemeanor.
SECTION 7. Section 253.033, Election Code, is amended to
read as follows:
Sec. 253.033. CASH CONTRIBUTIONS EXCEEDING $100 PROHIBITED;
ANONYMOUS CONTRIBUTIONS. (a) A candidate, officeholder, or
specific-purpose committee may not knowingly accept from a
contributor in a reporting period political contributions in cash
that in the aggregate exceed $100.
(b) A candidate, officeholder, or political committee that
receives an anonymous cash contribution in excess of $50 shall
promptly disburse the amount over $50 to one or more of the
entities listed in Section 254.204(a)(1), (3), (5), or (6).
Anonymous cash contributions of $50 or less may be used by the
candidate, officeholder, or political committee for any lawful
purpose.
(c) A person who violates this section commits an offense.
An offense under this section is a Class A misdemeanor.
SECTION 8. Subsections (b) and (e), Section 253.042,
Election Code, are amended to read as follows:
(b) A candidate or officeholder who accepts one or more
political contributions in the form of loans, including an
extension of credit or a guarantee of a loan or extension of
credit, from one or more persons related to the candidate or
officeholder within the second degree by affinity or consanguinity
as determined under Chapter 573, Government Code, may not use
political contributions to repay the loans in amounts that in the
aggregate exceed the amount prescribed by Subsection (a). A
candidate or officeholder may not use political contributions, in
amounts that in the aggregate exceed the amount prescribed by
Subsection (a), to repay any other loan or extension of credit for
which the candidate or officeholder is personally liable or is
obligated or that the candidate or officeholder guarantees.
(e) This section does not prohibit the payment of interest
at a commercially reasonable rate on loans covered by this section
from a financial institution. A candidate or officeholder may not
use political contributions to pay <at a commercially reasonable
rate, except that> interest on loans from a candidate's or
officeholder's personal funds or on loans from the personal funds
of any person related to the candidate or officeholder within the
second degree by affinity or consanguinity <is included in the
amount prescribed by Subsection (a), (b), or (c)>.
SECTION 9. Section 253.063, Election Code, is amended to
read as follows:
Sec. 253.063. TRAVEL EXPENSE. Unreimbursed travel expenses
incurred by an individual shall not be considered a contribution or
a <A> direct campaign expenditure and shall not be reportable under
this subchapter or Chapter 254 <consisting of personal travel
expenses incurred by an individual may be made without complying
with Section 253.062(a)(1)>.
SECTION 10. Section 253.098, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A corporation or labor organization may make one or more
campaign expenditures from its own property for the purpose of
permitting a candidate to appear and speak at a meeting of its
directors, officers, stockholders, or members, as applicable, or of
the families of its directors, officers, stockholders, or members.
A corporation or labor organization may not make an expenditure
under this subsection for transportation or lodging.
(c) An expenditure under this section is not reportable
under Chapter 254.
SECTION 11. Subchapter D, Chapter 253, Election Code, is
amended by adding Section 253.105 to read as follows:
Sec. 253.105. CONTRIBUTION BY PARTNERSHIP OR LIMITED
LIABILITY COMPANY. This subchapter does not prohibit a political
contribution made by a partnership or limited liability company if
the contribution is not charged to the profits, interest, or
capital account of a partner or member that is a corporation
covered by Section 253.091.
SECTION 12. Section 253.162, Election Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections (e)
and (f) to read as follows:
(b) A judicial candidate or officeholder may not:
(1) use political contributions to repay a loan <who
accepts one or more political contributions in the form of loans>,
including an extension of credit or a guarantee of a loan or
extension of credit, from one or more persons related to the
candidate or officeholder within the second degree by
consanguinity, as determined under <Subchapter B,> Chapter 573,
Government Code; or
(2) use political contributions, in amounts that in
the aggregate exceed the amount prescribed by Subsection (a), to
repay any other loan or extension of credit for which the candidate
or officeholder is personally liable or is obligated or that the
candidate or officeholder guarantees<, may not use political
contributions to repay the loans>.
(c) The total amount of both reimbursements under Subsection
(a) and repayments under Subsection (b)(2) made by a judicial
candidate or officeholder may not exceed the amount prescribed by
Subsection (a).
(d) A person who is both a candidate and an officeholder may
reimburse the person's personal funds or repay loans from political
contributions only in one capacity.
(e) This section does not prohibit the payment of interest
at a commercially reasonable rate on loans covered by this section
from a financial institution. A judicial candidate or officeholder
may not use political contributions to pay interest on loans from a
candidate's or officeholder's personal funds or on loans from the
personal funds of any person related to the candidate or
officeholder within the second degree by affinity or consanguinity.
(f) <(d)> A person who violates this section is liable for a
civil penalty not to exceed three times the amount by which the
reimbursement made in violation of this section exceeds the
applicable limit prescribed by Subsection (a).
SECTION 13. Subsection (a), Section 254.031, Election Code,
is amended to read as follows:
(a) Except as otherwise provided by this chapter, each
report filed under this chapter must include:
(1) the amount of political contributions from each
person that in the aggregate exceed $100 <$50> and that are
accepted during the reporting period by the person or committee
required to file a report under this chapter, the full name and
address of the person making the contributions, and the dates of
the contributions, and:
(A) if the contribution is an in-kind
contribution, a description of the property or services
contributed; and
(B) with respect to contributions, other than
contributions subject to Section 254.151(9), made by any
partnership, limited liability company, professional corporation,
or professional association, the name of each partner, member, or
shareholder, as applicable, whose interest in the entity's profits
has been charged by the contribution;
(2) for each individual from whom the person or
committee required to file the report has accepted political
contributions that in the aggregate exceed $500 and that are
accepted during the reporting period:
(A) the individual's principal occupation or job
title; and
(B) the full name of the individual's employer,
if any;
(3) the original principal amount of loans that are
made during the reporting period for campaign or officeholder
purposes to the person or committee required to file the report and
that in the aggregate exceed $100 <$50>, the dates the loans are
made, the interest rate, the maturity date, the type of collateral
for the loans, if any, the full name and address of the person or
financial institution making the loans, the full name and address,
principal occupation, and name of the employer of each guarantor of
the loans, the amount of the loans guaranteed by each guarantor,
and on a separate schedule the full name and address of the person
or financial institution making each loan, the date each loan was
made, the original principal amount of each loan, and the
<aggregate> principal amount of each <all> outstanding loan <loans>
as of the last day of the reporting period;
(4) <(3)> the amount of political expenditures that in
the aggregate exceed $100 <$50> and that are made during the
reporting period, the full name and address of the persons to whom
the expenditures are made, and the dates and purposes of the
expenditures;
(5) <(4)> the amount of each payment made during the
reporting period from a political contribution if the payment is
not a political expenditure, the full name and address of the
person to whom the payment is made, and the date and purpose of the
payment;
(6) <(5)> the total amount or a specific listing of
the political contributions of $100 <$50> or less accepted and the
total amount or a specific listing of the political expenditures of
$100 <$50> or less made during the reporting period;
(7) <(6)> the total amount of all political
contributions accepted and the total amount of all political
expenditures made during the reporting period; <and>
(8) <(7)> the name of each candidate or officeholder
who benefits from a direct campaign expenditure made during the
reporting period by the person or committee required to file the
report, and the office sought or held, excluding a direct campaign
expenditure that is made by the principal political committee of a
political party on behalf of a slate of two or more nominees of
that party; and
(9) the total amount of funds, including interest or
other income, maintained in one or more accounts in which political
contributions are deposited as of the last day of the reporting
period.
SECTION 14. Subchapter B, Chapter 254, Election Code, is
amended by adding Sections 254.0312 and 254.0313 to read as
follows:
Sec. 254.0312. BEST EFFORTS. (a) A person required to file
a report under this chapter is considered to have used best efforts
to obtain, maintain, and report the information required by Section
254.031(a)(2) if the person or the person's campaign treasurer
complies with this section.
(b) Each written solicitation for political contributions
from an individual must include:
(1) a request for the individual's full name and
address, the individual's principal occupation or job title, and
the full name of the individual's employer; and
(2) a statement of state law regarding the collection
and reporting of individual contributor information, such as:
(A) "State law requires (a candidate,
officeholder, or committee, as applicable) to use best efforts to
request and report the full name and address, principal occupation
or job title, and full name of employer of individuals whose
contributions exceed $500 in a reporting period."; or
(B) "To comply with state law, (a candidate,
officeholder, or committee, as applicable) must use best efforts to
request, maintain, and report the full name and address, principal
occupation or job title, and full name of employer of individuals
whose contributions exceed $500 in a reporting period."
(c) For each political contribution received from an
individual which, when aggregated with all other political
contributions received from the individual during the reporting
period, exceeds $500 and for which the information required by
Section 254.031(a)(2) is not provided, the person must make at
least one oral or written request for the missing information. A
request under this subsection:
(1) must be made not later than the 30th day after the
date the contribution is received; and
(2) may not be made in conjunction with a solicitation
for an additional political contribution.
(d) A request under Subsection (c) that is made in writing
must include a clear and conspicuous statement that complies with
Subsection (b)(2) and a preaddressed envelope or postcard for
responding to the request. A request that is made orally must be
documented in writing.
(e) A person must report any information required by Section
254.031(a)(2) that is not provided by the individual making the
contribution and that the person has in the person's records of
political contributions or previous reports under this chapter.
(f) Instead of the request and statement required by
Subsection (b), a person may use any disclosure containing a
similar request and statement that has been approved by the Federal
Election Commission.
Sec. 254.0313. REPORTING BY OUT-OF-STATE POLITICAL
COMMITTEE. Instead of the information required by Sections
254.031(a)(4), (6), and (7), each report filed under this chapter
by an out-of-state political committee must include:
(1) the amount of political expenditures in connection
with elections in this state that in the aggregate exceed $100 and
that are made during the reporting period, the full name and
address of the persons to whom the expenditures are made, and the
dates and purposes of the expenditures;
(2) the total amount or a specific listing of the
political contributions of $100 or less accepted and the total
amount or a specific listing of the political expenditures in
connection with elections in this state of $100 or less made during
the reporting period; and
(3) the total amount of all political contributions
accepted and the total amount of all political expenditures in
connection with elections in this state made during the reporting
period.
SECTION 15. Subsection (a), Section 254.038, Election Code,
is amended to read as follows:
(a) In addition to other reports required by this chapter,
the following persons shall file additional reports during the
period beginning the ninth day before election day and ending at 12
noon on the second day before election day:
(1) a candidate for statewide office who has an
opponent whose name is to appear on the ballot and who accepts
political contributions from a person that in the aggregate exceed
$1,000 during that reporting period;
(2) a candidate for state senator who has an opponent
whose name is to appear on the ballot and who accepts political
contributions from a person that in the aggregate exceed $1,000
during that reporting period;
(3) <(2)> a candidate for state representative who has
an opponent whose name is to appear on the ballot and who accepts
political contributions from a person that in the aggregate exceed
$200 during that reporting period;
(4) a specific-purpose committee for supporting or
opposing a candidate for statewide office and that accepts
political contributions from a person that in the aggregate exceed
$1,000 during that reporting period;
(5) <(3)> a specific-purpose committee for supporting
or opposing a candidate for state senator and that accepts
political contributions from a person that in the aggregate exceed
$1,000 during that reporting period; and
(6) <(4)> a specific-purpose committee for supporting
or opposing a candidate for state representative and that accepts
political contributions from a person that in the aggregate exceed
$200 during that reporting period.
SECTION 16. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.0381 to read as follows:
Sec. 254.0381. TELEGRAM REPORT OF CERTAIN DIRECT CAMPAIGN
EXPENDITURES. (a) In addition to other reports required by this
chapter, a person or general-purpose committee that makes direct
campaign expenditures that in the aggregate exceed $5,000 during
the period beginning the ninth day before election day and ending
at 12 noon on the second day before election day shall file a
report not later than 48 hours after the expenditure is made.
(b) Each report required by this section must include the
amount of the expenditures, the full name and address and principal
occupation of the persons to whom the expenditures are made, and
the dates of the expenditures.
(c) A report under this section shall be filed by telegram
or telephonic facsimile machine or by hand.
(d) This section does not apply to a direct campaign
expenditure made by the principal political committee of a
political party.
(e) Section 254.036 does not apply to a report required by
this section.
SECTION 17. Subsection (c), Section 254.041, Election Code,
is amended to read as follows:
(c) A violation of Subsection (a)(1) <(a)(2) by a candidate
or officeholder> is a Class A misdemeanor if it is shown on the
trial of the offense that the person intentionally failed to file
the report on time with knowledge of the legal obligation to file
the report <fails to include information required by Section
254.061(3) or Section 254.091(2), as applicable>.
SECTION 18. Subsection (a), Section 254.042, Election Code,
is amended to read as follows:
(a) The commission shall determine from any available
evidence whether a report, other than a telegram report under
Section 254.038 <or 254.039>, required to be filed with the
commission under this chapter is late. On making that
determination, the commission shall immediately mail a notice of
the determination to the person required to file the report.
SECTION 19. Section 254.061, Election Code, is amended to
read as follows:
Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
to the contents required by Section 254.031, each report by a
candidate must include:
(1) the candidate's full name and address, the office
sought, and the identity and date of the election for which the
report is filed;
(2) the campaign treasurer's name, residence or
business street address, and telephone number; and
(3) <for each political committee from which the
candidate received notice under Section 254.128 or 254.161:>
<(A) the committee's full name and address;>
<(B) an indication of whether the committee is a
general-purpose committee or a specific-purpose committee; and>
<(C) the full name and address of the
committee's campaign treasurer;>
<(4) the full name and address of each individual
acting as a campaign treasurer of a political committee under
Section 253.062 from whom the candidate received notice under
Section 254.128 or 254.161; and>
<(5)> on a separate page or pages of the report, the
identification of any payment from political contributions made to
a business in which the candidate has a participating interest of
more than 10 percent, holds a position on the governing body of the
business, or serves as an officer of the business.
SECTION 20. Section 254.091, Election Code, is amended to
read as follows:
Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition
to the contents required by Section 254.031, each report by an
officeholder must include:
(1) the officeholder's full name and address and the
office held; and
(2) <for each political committee from which the
officeholder received notice under Section 254.128 or 254.161:>
<(A) the committee's full name and address;>
<(B) an indication of whether the committee is a
general-purpose committee or a specific-purpose committee; and>
<(C) the full name and address of the
committee's campaign treasurer; and>
<(3)> on a separate page or pages of the report, the
identification of any payment from political contributions made to
a business in which the officeholder has a participating interest
of more than 10 percent, holds a position on the governing body of
the business, or serves as an officer of the business.
SECTION 21. Section 254.128, Election Code, is amended to
read as follows:
Sec. 254.128. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
IN-KIND CONTRIBUTIONS <AND EXPENDITURES>. (a) If a
specific-purpose committee, other than a special-purpose committee
established, controlled, or authorized by the candidate or
officeholder, <accepts political contributions or> makes political
expenditures for a candidate or officeholder that constitute an
in-kind contribution, the committee's campaign treasurer shall
deliver written notice of that fact to the affected candidate or
officeholder not later than the end of the period covered by the
report in which the reportable activity occurs.
(b) The notice must include the full name and address of the
political committee and its campaign treasurer, <and> an indication
that the committee is a specific-purpose committee, and the amount
and nature of the contribution.
(c) A campaign treasurer commits an offense if the campaign
treasurer fails to comply with this section. An offense under this
section is a Class A misdemeanor.
SECTION 22. Section 254.151, Election Code, is amended to
read as follows:
Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
to the contents required by Section 254.031, each report by a
campaign treasurer of a general-purpose committee must include:
(1) the committee's full name and address;
(2) the full name, residence or business street
address, and telephone number of the committee's campaign
treasurer;
(3) the identity and date of the election for which
the report is filed, if applicable;
(4) the name of each identified candidate or measure
or classification by party of candidates supported or opposed by
the committee, indicating whether the committee supports or opposes
each listed candidate, measure, or classification by party of
candidates;
(5) the name of each identified officeholder or
classification by party of officeholders assisted by the committee;
(6) the principal occupation of each person from whom
political contributions that in the aggregate exceed $500 <$50> are
accepted during the reporting period;
(7) the amount of each political expenditure in the
form of a political contribution made to a candidate, officeholder,
or another political committee that is returned to the committee
during the reporting period, the name of the person to whom the
expenditure was originally made, and the date it is returned; <and>
(8) on a separate page or pages of the report, the
identification of any contribution from a corporation or labor
organization made and accepted under Subchapter D, Chapter 253; and
(9) on a separate page or pages of the report, the
identification of any contribution made to the committee that is
intended by the donor to be used by the committee for
administrative, overhead, or fund-raising expenses, unless the
contribution is otherwise disclosed elsewhere in the report.
SECTION 23. Section 254.161, Election Code, is amended to
read as follows:
Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee
other than the principal political committee of a political party
or a political committee established by a political party's county
executive committee <accepts political contributions or> makes
direct political expenditures for a candidate or officeholder that
constitute a contribution, notice of that fact shall be given to
the affected candidate or officeholder as provided by Section
254.128 for a specific-purpose committee.
SECTION 24. Section 257.002, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Subject to Subsection (c), a <A> political party that
accepts contributions authorized by Section 253.104 shall maintain
the contributions in a separate account.
(c) Nothing in this title shall prohibit a political party
from transferring funds held in the account required to be
maintained under Subsection (b) to another account maintained by
the political party under the requirements of federal law for the
purpose of disbursing the political party's funds generally if the
political party can reasonably demonstrate that the funds are being
disbursed from the other account in compliance with applicable
federal law and for permitted uses and purposes.
SECTION 25. The following laws are repealed:
(1) Sections 253.032 and 253.037, Election Code;
(2) Subsection (d), Section 253.100, Election Code;
(3) Sections 254.032 and 254.033, Election Code; and
(4) Section 254.039, Election Code.
SECTION 26. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 27. Sections 253.042 and 253.162, Election Code, as
amended by this Act, apply only to repayment of a loan or extension
of credit made on or after September 1, 2001. The repayment of a
loan or extension of credit made before September 1, 2001, is
governed by the law in effect on the date the loan or extension of
credit was made, and the former law is continued in effect for that
purpose.
SECTION 28. This Act takes effect September 1, 2001.