By Gallego H.B. No. 2
77R4338 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain political contributions,
1-3 political expenditures, and political advertising; providing civil
1-4 and criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 84.001, Election Code, is amended by
1-7 amending Subsections (e) and (f) and adding Subsections (g) and (h)
1-8 to read as follows:
1-9 (e) An applicant may not use an application form that is
1-10 part of or is included with a campaign communication or political
1-11 advertising, as defined by Section 251.001, unless the application
1-12 form and campaign communication or political advertising are
1-13 furnished to the applicant by a person described by Section
1-14 255.011(b).
1-15 (f) An application form that is furnished under the terms of
1-16 Subsection (e) must be returned directly to the county clerk by the
1-17 person who is applying for the early voting ballot.
1-18 (g) An applicant for a ballot to be voted by mail may apply
1-19 for ballots for the main election and any resulting runoff election
1-20 on the same application. The timeliness of the application for
1-21 both elections is determined in relation to the main election.
1-22 However, if the application is not timely for the main election,
1-23 the timeliness of the application for the runoff election is
1-24 determined in relation to that election.
2-1 (h) [(f)] A person who has not made an application as
2-2 provided by this title is not entitled to receive an early voting
2-3 ballot to be voted by mail.
2-4 SECTION 2. Section 251.001, Election Code, is amended by
2-5 amending Subdivisions (13), (14), and (16) and adding Subdivisions
2-6 (21)-(23) to read as follows:
2-7 (13) "Specific-purpose committee" means a political
2-8 committee that does not have among its principal purposes those of
2-9 a general-purpose committee but does have among its principal
2-10 purposes:
2-11 (A) supporting or opposing [one or more]:
2-12 (i) two or more candidates, all of whom
2-13 are identified and are seeking offices that are known; or
2-14 (ii) one or more measures or prospective
2-15 measures, all of which are identified; or
2-16 (B) assisting two [one] or more officeholders,
2-17 all of whom are identified[; or]
2-18 [(C) supporting or opposing only one candidate
2-19 who is unidentified or who is seeking an office that is unknown].
2-20 (14) "General-purpose committee" means a political
2-21 committee that has among its principal purposes:
2-22 (A) supporting or opposing:
2-23 (i) two or more candidates who are
2-24 unidentified or are seeking offices that are unknown; or
2-25 (ii) one or more measures or prospective
2-26 measures that are unidentified; or
2-27 (B) assisting two or more officeholders who are
3-1 unidentified.
3-2 (16) "Political advertising" means a communication
3-3 containing express advocacy that supports or opposes [supporting or
3-4 opposing] a candidate for nomination or election to a public office
3-5 or office of a political party or a public officer or supporting or
3-6 opposing[,] a political party[, a public officer,] or a measure or
3-7 prospective measure that:
3-8 (A) in return for consideration, is:
3-9 (i) published in a newspaper, magazine, or
3-10 other periodical;
3-11 (ii) [or is] broadcast by radio or
3-12 television; or
3-13 (iii) delivered through the use of an
3-14 automated dial announcing device, as defined by Section 55.121,
3-15 Utilities Code; or
3-16 (B) appears in:
3-17 (i) a pamphlet, circular, flier,
3-18 telephonic facsimile, billboard or other sign, bumper sticker, or
3-19 similar form of written communication; or
3-20 (ii) electronic mail or an Internet
3-21 website.
3-22 (21) "Principal political committee of a candidate or
3-23 officeholder" means a political committee established under Section
3-24 251.010 for supporting a candidate or assisting an officeholder.
3-25 (22) "Prospective measure" means a question or
3-26 proposal that is intended to be submitted in an election for an
3-27 expression of the voters' will and that is not yet legally required
4-1 to be submitted in an election. The term does not include the
4-2 circulation or submission of a petition to determine whether a
4-3 question or proposal is required to be submitted in an election for
4-4 an expression of the voters' will.
4-5 (23) "Express advocacy" means a communication that
4-6 advocates:
4-7 (A) the election or defeat of a candidate by:
4-8 (i) containing a word or phrase such as
4-9 "vote for," "reelect," "support," "cast your ballot for," "(name of
4-10 candidate) for (name of office)," "(name of candidate) in 2002,"
4-11 "vote against," "defeat," or "reject" or a campaign slogan or words
4-12 that in context can have no reasonable meaning other than to
4-13 advocate the election or defeat of one or more clearly identified
4-14 candidates;
4-15 (ii) referring to one or more clearly
4-16 identified candidates or officeholders in a paid advertisement that
4-17 is broadcast by a radio or television station after the 60th day
4-18 before the date of an election in which the person identified is a
4-19 candidate; or
4-20 (iii) expressing unmistakable and
4-21 unambiguous support for or opposition to one or more clearly
4-22 identified candidates or officeholders when taken as a whole and
4-23 with limited reference to external events, such as proximity to an
4-24 election; or
4-25 (B) the passage or defeat of a measure or
4-26 proposed measure by:
4-27 (i) containing a word or phrase such as
5-1 "vote for," "support," "cast your ballot for," "vote against,"
5-2 "defeat," or "reject" or a campaign slogan or words that in context
5-3 can have no reasonable meaning other than to advocate the election
5-4 or defeat of one or more clearly identified measures or prospective
5-5 measures;
5-6 (ii) referring to one or more clearly
5-7 identified measures or prospective measures in a paid advertisement
5-8 that is broadcast by a radio or television station after the 60th
5-9 day before the date of an election in which the measure or
5-10 prospective measure is to appear on the ballot; or
5-11 (iii) expressing unmistakable and
5-12 unambiguous support for or opposition to one or more clearly
5-13 identified measures or prospective measures when taken as a whole
5-14 and with limited reference to external events, such as proximity to
5-15 an election.
5-16 SECTION 3. Subchapter A, Chapter 251, Election Code, is
5-17 amended by adding Sections 251.010 and 251.011 to read as follows:
5-18 Sec. 251.010. PRINCIPAL POLITICAL COMMITTEE. (a) A
5-19 candidate or officeholder shall designate in writing a political
5-20 committee to serve as the person's principal political committee.
5-21 (b) A designation under Subsection (a) must be:
5-22 (1) made not later than the 15th day after the date
5-23 the person becomes a candidate or officeholder; and
5-24 (2) filed with the authority with whom the committee's
5-25 campaign treasurer appointment is required to be filed.
5-26 (c) The name of a principal political committee must include
5-27 the candidate's or officeholder's name.
6-1 (d) A candidate or officeholder may not have more than one
6-2 principal political committee at a time. A person who is both a
6-3 candidate and an officeholder may not have more than one principal
6-4 political committee. A candidate who becomes an officeholder is
6-5 not required to designate a new principal political committee.
6-6 (e) A prohibition or restriction imposed by this title on a
6-7 candidate or officeholder applies to the principal political
6-8 committee of a candidate or officeholder.
6-9 (f) A person may not establish a specific-purpose committee
6-10 for supporting or opposing only one candidate or assisting only one
6-11 officeholder.
6-12 Sec. 251.011. LIABILITY OF CANDIDATE OR OFFICEHOLDER FOR ACT
6-13 OR OMISSION BY PRINCIPAL POLITICAL COMMITTEE. A candidate or
6-14 officeholder is civilly liable for an act or omission by the
6-15 person's principal political committee in connection with a
6-16 requirement or prohibition prescribed by this title only if the
6-17 person authorized, requested, commanded, performed, or recklessly
6-18 or negligently tolerated the act or omission.
6-19 SECTION 4. The heading to Subchapter B, Chapter 251,
6-20 Election Code, is amended to read as follows:
6-21 SUBCHAPTER B. DUTIES OF COMMISSION AND
6-22 SECRETARY OF STATE
6-23 SECTION 5. Subchapter B, Chapter 251, Election Code, is
6-24 amended by adding Sections 251.034 and 251.035 to read as follows:
6-25 Sec. 251.034. FAIR CAMPAIGN SPENDING FUND. (a) The fair
6-26 campaign spending fund is an account in the general revenue fund.
6-27 The commission shall administer the fair campaign spending fund.
7-1 (b) The fair campaign spending fund consists of:
7-2 (1) damages recovered under Section 253.133 for
7-3 violations of Chapter 253;
7-4 (2) civil penalties imposed under Section 571.173,
7-5 Government Code, for violations of this title;
7-6 (3) unexpended political contributions remitted to the
7-7 commission under Section 254.204; and
7-8 (4) any gifts or grants received by the commission or
7-9 the secretary of state under Subsection (f).
7-10 (c) The fair campaign spending fund may be used only for:
7-11 (1) voter education projects that relate to campaigns
7-12 for offices for which a campaign treasurer appointment must be
7-13 filed with the commission, other than offices described by Section
7-14 252.005(5); and
7-15 (2) payment of costs incurred in imposing civil
7-16 penalties for violations of this title.
7-17 (d) To the extent practicable, the fair campaign spending
7-18 fund shall be permitted to accumulate until the balance is
7-19 sufficient to permit the publication of a voter's guide as provided
7-20 by Section 251.035.
7-21 (e) The commission may use money in the fair campaign
7-22 spending fund to produce public service announcements to educate
7-23 voters about this subchapter.
7-24 (f) The commission or the secretary of state may accept
7-25 gifts and grants for the purposes described by Subsections (c)(1),
7-26 (d), and (e). Money received under this subsection shall be
7-27 deposited to the credit of the fair campaign spending fund.
8-1 (g) The fair campaign spending fund is exempt from Section
8-2 403.095, Government Code.
8-3 Sec. 251.035. VOTER'S GUIDE. (a) If the necessary money is
8-4 available under Section 251.034, the secretary of state may publish
8-5 a voter's guide listing:
8-6 (1) candidates for offices for which a campaign
8-7 treasurer appointment must be filed with the commission, other than
8-8 offices described by Section 252.005(5); and
8-9 (2) the backgrounds, qualifications, and similar
8-10 information of candidates described by Subdivision (1).
8-11 (b) The commission shall adopt rules under which a candidate
8-12 may provide a statement to the commission for inclusion in the
8-13 voter's guide. The rules must:
8-14 (1) prohibit a candidate from referring, directly or
8-15 indirectly, to an opponent of the candidate;
8-16 (2) establish a maximum length for a candidate's
8-17 statement; and
8-18 (3) prescribe a time by which the statement must be
8-19 delivered to the commission.
8-20 (c) Except as provided by Subsection (b)(1), rules adopted
8-21 under that subsection may not restrict the content of a candidate's
8-22 statement.
8-23 (d) Not later than the seventh day before the date early
8-24 voting by mail begins, the secretary of state shall:
8-25 (1) make the voter's guide available for publication
8-26 by newspapers in each part of the state; and
8-27 (2) make the voter's guide available on the
9-1 secretary's Internet website.
9-2 (e) The commission shall transfer from the fair campaign
9-3 spending fund to the secretary of state the amount that represents
9-4 the expenses necessarily incurred by the secretary in making the
9-5 voter's guide available as provided by Subsection (d).
9-6 SECTION 6. Sections 252.001, 252.0031, 252.0032, 252.005,
9-7 and 252.006, Election Code, are amended to read as follows:
9-8 Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED.
9-9 Each [candidate and each] political committee shall appoint a
9-10 campaign treasurer as provided by this chapter.
9-11 Sec. 252.0031. CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE
9-12 COMMITTEE. [(a)] In addition to the information required by
9-13 Section 252.002, a campaign treasurer appointment by a
9-14 specific-purpose committee for supporting or opposing two or more
9-15 candidates [a candidate] for an office specified by Section
9-16 252.005(1) must include the name of and the office sought by each
9-17 [the] candidate the committee supports or opposes. If that
9-18 information changes, the committee shall immediately file an
9-19 amended appointment reflecting the change.
9-20 [(b) The name of a specific-purpose committee for supporting
9-21 a candidate for an office specified by Section 252.005(1) must
9-22 include the name of the candidate that the committee supports.]
9-23 Sec. 252.0032. CONTENTS OF APPOINTMENT BY PRINCIPAL
9-24 POLITICAL COMMITTEE [CANDIDATE]. (a) In addition to the
9-25 information required by Section 252.002, a campaign treasurer
9-26 appointment by a principal political committee of a candidate or
9-27 officeholder [candidate] must include:
10-1 (1) the candidate's or officeholder's telephone
10-2 number; and
10-3 (2) a statement, signed by the candidate or
10-4 officeholder, that the candidate or officeholder is aware of the
10-5 nepotism law, Chapter 573, Government Code.
10-6 (b) A campaign treasurer appointment that is filed in a
10-7 manner other than by use of an officially prescribed form is not
10-8 invalid because it fails to comply with Subsection (a)(2).
10-9 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
10-10 PRINCIPAL POLITICAL COMMITTEE OF CANDIDATE OR OFFICEHOLDER. A
10-11 principal political committee of a candidate or officeholder [An
10-12 individual] must file a campaign treasurer appointment [for the
10-13 individual's own candidacy] with:
10-14 (1) the commission, if the appointment is made by the
10-15 principal political committee of a candidate for or holder of [for
10-16 candidacy for]:
10-17 (A) a statewide office;
10-18 (B) a district office filled by voters of more
10-19 than one county;
10-20 (C) a judicial district office filled by voters
10-21 of only one county;
10-22 (D) the office of state senator;
10-23 (E) the office of state representative; or
10-24 (F) the office of member, State Board of
10-25 Education;
10-26 (2) the county clerk, if the appointment is made by
10-27 the principal political committee of a candidate for or holder of
11-1 [for candidacy for] a county office, a precinct office, or a
11-2 district office other than one included in Subdivision (1);
11-3 (3) the clerk or secretary of the governing body of
11-4 the political subdivision or, if the political subdivision has no
11-5 clerk or secretary, with the governing body's presiding officer, if
11-6 the appointment is made by the principal political committee of a
11-7 candidate for or holder of [for candidacy for] an office of a
11-8 political subdivision other than a county;
11-9 (4) the county clerk if:
11-10 (A) the appointment is made by the principal
11-11 political committee of a candidate for or holder of [for candidacy
11-12 for] an office of a political subdivision other than a county;
11-13 (B) the governing body for the political
11-14 subdivision has not been formed; and
11-15 (C) no boundary of the political subdivision
11-16 crosses a boundary of the county; or
11-17 (5) the commission if:
11-18 (A) the appointment is made by the principal
11-19 political committee of a candidate for or holder of [for candidacy
11-20 for] an office of a political subdivision other than a county;
11-21 (B) the governing body for the political
11-22 subdivision has not been formed; and
11-23 (C) the political subdivision is situated in
11-24 more than one county.
11-25 Sec. 252.006. AUTHORITY WITH WHOM APPOINTMENT FILED:
11-26 SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATES
11-27 [CANDIDATE] OR ASSISTING OFFICEHOLDERS [OFFICEHOLDER]. A
12-1 specific-purpose committee for supporting or opposing candidates [a
12-2 candidate] or assisting officeholders [an officeholder] must file
12-3 its campaign treasurer appointment with the same authority as the
12-4 appointment by a principal political committee in connection with
12-5 [for candidacy for] the office.
12-6 SECTION 7. Section 252.010(a), Election Code, is amended to
12-7 read as follows:
12-8 (a) If a candidate whose principal political committee [who]
12-9 has filed a campaign treasurer appointment decides to seek a
12-10 different office that would require the appointment to be filed
12-11 with another authority, a copy of the appointment certified by the
12-12 authority with whom it was originally filed must be filed with the
12-13 other authority in addition to the new campaign treasurer
12-14 appointment.
12-15 SECTION 8. Section 252.015(a), Election Code, is amended to
12-16 read as follows:
12-17 (a) Each principal political committee of a candidate for or
12-18 holder of an office specified by Section 252.005(1), each
12-19 specific-purpose committee for supporting or opposing candidates [a
12-20 candidate] for an office specified by Section 252.005(1) or a
12-21 statewide or district measure, and each general-purpose committee
12-22 may appoint an assistant campaign treasurer by written appointment
12-23 filed with the commission.
12-24 SECTION 9. Section 253.002(b), Election Code, is amended to
12-25 read as follows:
12-26 (b) This section does not apply to:
12-27 (1) an individual making an expenditure authorized by
13-1 Subchapter C;
13-2 (2) a corporation or labor organization making an
13-3 expenditure authorized by Subchapter D;
13-4 (3) [a candidate making or authorizing an expenditure
13-5 for the candidate's own election;]
13-6 [(4)] a political committee; or
13-7 (4) [(5)] a campaign treasurer or assistant campaign
13-8 treasurer acting in an official capacity.
13-9 SECTION 10. Sections 253.031(a), (e), and (f), Election
13-10 Code, are amended to read as follows:
13-11 (a) A candidate or officeholder may not knowingly accept a
13-12 campaign contribution as authorized by Section 253.0311 or make or
13-13 authorize a campaign expenditure as authorized by Section 253.0312
13-14 at a time when a campaign treasurer appointment for the principal
13-15 political committee of the candidate or officeholder is not in
13-16 effect.
13-17 (e) [This section does not apply to an out-of-state
13-18 political committee unless the committee is subject to Chapter 252
13-19 under Section 251.005.]
13-20 [(f)] A person who violates this section commits an offense.
13-21 An offense under this section is a Class A misdemeanor.
13-22 SECTION 11. Subchapter B, Chapter 253, Election Code, is
13-23 amended by adding Sections 253.0311 and 253.0312 to read as
13-24 follows:
13-25 Sec. 253.0311. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
13-26 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
13-27 (b), a candidate or officeholder may not knowingly accept a
14-1 political contribution in connection with the person's own
14-2 candidacy or office.
14-3 (b) A candidate or officeholder may accept a political
14-4 contribution on behalf of the person's principal political
14-5 committee unless the committee itself would be prohibited from
14-6 accepting the contribution.
14-7 (c) A person who violates this section commits an offense.
14-8 An offense under this section is a Class B misdemeanor.
14-9 Sec. 253.0312. CONTRIBUTION OR EXPENDITURE BY CANDIDATE OR
14-10 OFFICEHOLDER FROM PERSONAL FUNDS. (a) Except as provided by
14-11 Subsection (b), a candidate or officeholder may not knowingly make
14-12 a political contribution or political expenditure from the person's
14-13 personal funds in connection with the person's own candidacy or
14-14 office.
14-15 (b) A candidate or officeholder may make a political
14-16 contribution from the person's personal funds to the person's
14-17 principal political committee.
14-18 (c) A person who violates this section commits an offense.
14-19 An offense under this section is a Class B misdemeanor.
14-20 SECTION 12. Section 253.033(a), Election Code, is amended to
14-21 read as follows:
14-22 (a) The principal political committee of a [A] candidate
14-23 or[,] officeholder[,] or a specific-purpose committee may not
14-24 knowingly accept from a contributor in a reporting period political
14-25 contributions in cash that in the aggregate exceed $100.
14-26 SECTION 13. Sections 253.034(a)-(c), Election Code, are
14-27 amended to read as follows:
15-1 (a) During the period beginning on the 30th day before the
15-2 date a regular legislative session convenes and continuing through
15-3 the day of final adjournment, a person may not knowingly make a
15-4 political contribution to:
15-5 (1) the principal political committee of a statewide
15-6 officeholder;
15-7 (2) the principal political committee of a member of
15-8 the legislature; or
15-9 (3) a specific-purpose committee for supporting,
15-10 opposing, or assisting a statewide officeholder or member of the
15-11 legislature.
15-12 (b) The principal political committee of a [A] statewide
15-13 officeholder or of[,] a member of the legislature[,] or a
15-14 specific-purpose committee for supporting, opposing, or assisting a
15-15 statewide officeholder or member of the legislature may not
15-16 knowingly accept a political contribution, and shall refuse a
15-17 political contribution that is received, during the period
15-18 prescribed by Subsection (a). A political contribution that is
15-19 received and refused during that period shall be returned to the
15-20 contributor not later than the 30th day after the date of receipt.
15-21 A contribution made by mail is not considered received during that
15-22 period if it was placed with postage prepaid and properly addressed
15-23 in the United States mail before the beginning of the period. The
15-24 date indicated by the post office cancellation mark is considered
15-25 to be the date the contribution was placed in the mail unless
15-26 proven otherwise.
15-27 (c) This section does not apply to a political contribution
16-1 that was made and accepted with the intent that it be used:
16-2 (1) in an election held or ordered during the period
16-3 prescribed by Subsection (a) in which the person on whose behalf
16-4 [accepting] the contribution is accepted is a candidate if the
16-5 contribution was made after the person's principal political
16-6 committee filed [person appointed] a campaign treasurer appointment
16-7 [with the appropriate authority] and before the person was sworn in
16-8 for that office;
16-9 (2) to defray expenses incurred in connection with an
16-10 election contest; or
16-11 (3) by the principal political committee of a person
16-12 who holds a statewide [state] office or of a member of the
16-13 legislature if the person or member was defeated at the general
16-14 election held immediately before the session is convened [or by a
16-15 specific-purpose political committee that supports or assists only
16-16 that person or member].
16-17 SECTION 14. Sections 253.035(b), (g), and (h), Election
16-18 Code, are amended to read as follows:
16-19 (b) A principal political committee of a candidate or
16-20 officeholder or specific-purpose committee that accepts a political
16-21 contribution may not convert the contribution to the personal use
16-22 of a candidate, officeholder, or former candidate or officeholder.
16-23 (g) A principal political committee of a candidate or
16-24 officeholder or specific-purpose committee that converts a
16-25 political contribution to the personal use of a candidate,
16-26 officeholder, or former candidate or officeholder in violation of
16-27 this section is civilly liable to the state for an amount equal to
17-1 the amount of the converted contribution plus reasonable court
17-2 costs.
17-3 (h) Except as provided by Section 253.0351, [or] 253.042, or
17-4 253.162, a candidate or officeholder who makes political
17-5 expenditures from the candidate's or officeholder's personal funds
17-6 may reimburse those personal funds from political contributions in
17-7 the amount of those expenditures only if:
17-8 (1) the expenditures from personal funds were fully
17-9 reported as political expenditures, including the payees, dates,
17-10 purposes, and amounts of the expenditures, in the report required
17-11 to be filed under this title that covers the period in which the
17-12 expenditures from personal funds were made; and
17-13 (2) the report on which the expenditures from personal
17-14 funds are disclosed clearly designates those expenditures as having
17-15 been made from the person's personal funds and that the
17-16 expenditures are subject to reimbursement.
17-17 SECTION 15. Section 253.037(c), Election Code, is amended to
17-18 read as follows:
17-19 (c) Subsection (a) does not apply to a political party's
17-20 county executive committee that is complying with Section 253.031
17-21 or to a general-purpose committee that accepts contributions from a
17-22 multicandidate political committee, [(]as defined by 2 U.S.C.
17-23 Section 431 and its subsequent amendments, [the Federal Election
17-24 Campaign Act)] that is registered with the Federal Election
17-25 Commission[, provided that the general-purpose committee is in
17-26 compliance with Section 253.032].
17-27 SECTION 16. Section 253.038(a), Election Code, is amended to
18-1 read as follows:
18-2 (a) A candidate or officeholder, the principal political
18-3 committee of a candidate or officeholder, or a specific-purpose
18-4 committee for supporting, opposing, or assisting the candidate or
18-5 officeholder may not knowingly make or authorize a payment from a
18-6 political contribution to purchase real property or to pay the
18-7 interest on or principal of a note for the purchase of real
18-8 property.
18-9 SECTION 17. Section 253.041(a), Election Code, is amended to
18-10 read as follows:
18-11 (a) A candidate or officeholder, the principal political
18-12 committee of the candidate or officeholder, or a specific-purpose
18-13 committee for supporting, opposing, or assisting the candidate or
18-14 officeholder may not knowingly make or authorize a payment from a
18-15 political contribution if the payment is made for personal services
18-16 rendered by the candidate or officeholder or by the spouse or
18-17 dependent child of the candidate or officeholder to:
18-18 (1) a business in which the candidate or officeholder
18-19 has a participating interest of more than 10 percent, holds a
18-20 position on the governing body of the business, or serves as an
18-21 officer of the business; or
18-22 (2) the candidate or officeholder or the spouse or
18-23 dependent child of the candidate or officeholder.
18-24 SECTION 18. Section 253.042, Election Code, is amended to
18-25 read as follows:
18-26 Sec. 253.042. RESTRICTIONS ON [REIMBURSEMENT OF PERSONAL
18-27 FUNDS AND] PAYMENTS ON CERTAIN LOANS. (a) The principal political
19-1 committee of a [A candidate or officeholder who makes political
19-2 expenditures from the candidate's or officeholder's personal funds
19-3 may not reimburse those personal funds from political contributions
19-4 in amounts that in the aggregate exceed the following amounts for
19-5 each election in which the person's name appears on the ballot:]
19-6 [(1) for a statewide office other than governor,
19-7 $250,000; and]
19-8 [(2) for governor, $500,000.]
19-9 [(b) A] candidate or officeholder that [who] accepts one or
19-10 more political contributions in the form of loans, including an
19-11 extension of credit or a guarantee of a loan or extension of
19-12 credit, from the candidate's or officeholder's personal funds or
19-13 from one or more persons related to the candidate or officeholder
19-14 within the second degree by affinity or consanguinity as determined
19-15 under Chapter 573, Government Code, may not use political
19-16 contributions to repay the loans in amounts that in the aggregate
19-17 exceed the following amounts for each election in which the
19-18 person's name appears on the ballot:
19-19 (1) for governor, $100,000;
19-20 (2) for a statewide office other than governor,
19-21 $50,000;
19-22 (3) for state senator, $25,000;
19-23 (4) for state representative, $15,000; or
19-24 (5) for an office other than an office described by
19-25 Subdivisions (1)-(4) or to which Subchapter F applies, $10,000.
19-26 (b) The principal political committee of a candidate or
19-27 officeholder may not use political contributions, in amounts that
20-1 in the aggregate exceed the amount prescribed by Subsection (a), to
20-2 repay any other loan or extension of credit for which the candidate
20-3 or officeholder the committee supports or assists is personally
20-4 liable.
20-5 (c) The total amount of both reimbursements and repayments
20-6 made by the principal political committee of a candidate or
20-7 officeholder under this section may not exceed the amount
20-8 prescribed by Subsection (a).
20-9 (d) The principal political committee of a [A] person who is
20-10 both a candidate and an officeholder covered by this section
20-11 [Subsection (a)] may [reimburse the person's personal funds or]
20-12 repay loans from political contributions only in one capacity.
20-13 (e) This section does not prohibit the payment of interest
20-14 on loans covered by Subsection (a) [this section] at a commercially
20-15 reasonable rate, except that interest on those loans [from a
20-16 candidate's or officeholder's personal funds or on loans from the
20-17 personal funds of any person related to the candidate or
20-18 officeholder within the second degree by affinity or consanguinity]
20-19 is included in the amount prescribed by Subsection (a)[, (b), or
20-20 (c)].
20-21 (f) A person who violates this section commits an offense.
20-22 An offense under this section is a Class A misdemeanor.
20-23 [(g) The commission shall study possible restrictions on
20-24 amounts of reimbursements under Subsection (a) in connection with
20-25 the offices of state senator and state representative and shall
20-26 make appropriate recommendations to the legislature on those
20-27 matters.]
21-1 SECTION 19. Subchapter B, Chapter 253, Election Code, is
21-2 amended by adding Sections 253.043 and 253.044 to read as follows:
21-3 Sec. 253.043. CONTRIBUTION OR LOAN TO PRINCIPAL POLITICAL
21-4 COMMITTEE OF CANDIDATE PROHIBITED IMMEDIATELY BEFORE ELECTION. (a)
21-5 The principal political committee of a candidate may not knowingly
21-6 accept a political contribution, and shall refuse a political
21-7 contribution that is received, during the period beginning on the
21-8 ninth day before the day of an election in which the candidate's
21-9 name appears on the ballot and ending on the day after election
21-10 day.
21-11 (b) The principal political committee of a candidate may not
21-12 accept a loan or a political contribution in the form of a loan in
21-13 connection with an election in which the candidate's name is on the
21-14 ballot after the ninth day before the date of the election.
21-15 (c) A person who violates this section is liable for a civil
21-16 penalty not to exceed three times the amount of the contributions
21-17 or loans accepted in violation of this section.
21-18 (d) A person who violates this section commits an offense.
21-19 An offense under this section is a Class B misdemeanor.
21-20 Sec. 253.044. LIMIT ON CONTRIBUTION BY CHILD. (a) A child
21-21 may not knowingly make or authorize political contributions to the
21-22 principal political committee of a candidate or officeholder that,
21-23 in connection with each election in which the candidate or
21-24 officeholder is involved, in the aggregate exceed $100.
21-25 (b) A person may not knowingly accept a political
21-26 contribution, and shall refuse a political contribution that is
21-27 received, in violation of Subsection (a).
22-1 (c) In this section, "child" means a person under 18 years
22-2 of age who is not and has not been married or who has not had the
22-3 disabilities of minority removed for general purposes.
22-4 (d) A person who violates this section commits an offense.
22-5 An offense under this section is a Class B misdemeanor.
22-6 SECTION 20. The heading to Section 253.131, Election Code,
22-7 is amended to read as follows:
22-8 Sec. 253.131. LIABILITY TO PRINCIPAL POLITICAL COMMITTEES
22-9 [CANDIDATES].
22-10 SECTION 21. Sections 253.131(b) and (c), Election Code, are
22-11 amended to read as follows:
22-12 (b) If the contribution or expenditure is in support of a
22-13 candidate, the principal political committee of each opposing
22-14 candidate whose name appears on the ballot is entitled to recover
22-15 damages under this section.
22-16 (c) If the contribution or expenditure is in opposition to a
22-17 candidate, the candidate's principal political committee
22-18 [candidate] is entitled to recover damages under this section.
22-19 SECTION 22. Sections 253.153(a) and (c), Election Code, are
22-20 amended to read as follows:
22-21 (a) The principal political committee of a [A] judicial
22-22 candidate or officeholder, a specific-purpose committee for
22-23 supporting or opposing two or more [a] judicial candidates
22-24 [candidate], or a specific-purpose committee for assisting two or
22-25 more [a] judicial officeholders [officeholder] may not knowingly
22-26 accept a political contribution except during the period:
22-27 (1) beginning on:
23-1 (A) the 210th day before the date an application
23-2 for a place on the ballot or for nomination by convention for the
23-3 office is required to be filed, if the election is for a full term;
23-4 or
23-5 (B) the later of the 210th day before the date
23-6 an application for a place on the ballot or for nomination by
23-7 convention for the office is required to be filed or the date a
23-8 vacancy in the office occurs, if the election is for an unexpired
23-9 term; and
23-10 (2) ending on the 120th day after the date of:
23-11 (A) the general election for state and county
23-12 officers, if the candidate or officeholder has an opponent in the
23-13 general election;
23-14 (B) except as provided by Subsection (c), the
23-15 runoff primary election, if the candidate or officeholder is a
23-16 candidate in the runoff primary election and does not have an
23-17 opponent in the general election; or
23-18 (C) except as provided by Subsection (c), the
23-19 general primary election, if the candidate or officeholder is not a
23-20 candidate in the runoff primary election and does not have an
23-21 opponent in the general election.
23-22 (c) Notwithstanding Subsection (a)(2), the principal
23-23 political committee of a judicial candidate who does not have an
23-24 opponent whose name will appear on the ballot or a specific-purpose
23-25 committee for supporting such a candidate may accept a political
23-26 contribution after another person files a declaration of write-in
23-27 candidacy opposing the candidate.
24-1 SECTION 23. Section 253.154(a), Election Code, is amended to
24-2 read as follows:
24-3 (a) The principal political committee of a [A] write-in
24-4 candidate for judicial office or a specific-purpose committee for
24-5 supporting two or more [a] write-in candidates [candidate] for
24-6 judicial office may not knowingly accept a political contribution
24-7 before the candidate files a declaration of write-in candidacy.
24-8 SECTION 24. Section 253.1541(b), Election Code, is amended
24-9 to read as follows:
24-10 (b) Notwithstanding Section 253.153, the principal political
24-11 committee of a person to whom this section applies may accept
24-12 officeholder contributions beginning on the date the person assumes
24-13 the duties of office and ending on the 60th day after that date.
24-14 SECTION 25. Section 253.155(a), Election Code, is amended to
24-15 read as follows:
24-16 (a) Except as provided by Subsection (c), the principal
24-17 political committee of a judicial candidate or officeholder may not
24-18 knowingly accept political contributions from a person that in the
24-19 aggregate exceed the limits prescribed by Subsection (b) in
24-20 connection with each election in which the person is involved.
24-21 SECTION 26. Sections 253.157(a)-(c), Election Code, are
24-22 amended to read as follows:
24-23 (a) The principal political committee of a [A] judicial
24-24 candidate or officeholder [or a specific-purpose committee for
24-25 supporting or opposing a judicial candidate] may not accept a
24-26 political contribution in excess of $100 [$50] from a person if:
24-27 (1) the person is a law firm, a member of a law firm,
25-1 or a general-purpose committee established or controlled by a law
25-2 firm; and
25-3 (2) the contribution when aggregated with all
25-4 political contributions accepted by the principal political
25-5 committee [candidate, officeholder, or committee] from the law
25-6 firm, other members of the law firm, or a general-purpose committee
25-7 established or controlled by the law firm in connection with the
25-8 election would exceed six times the applicable contribution limit
25-9 under Section 253.155.
25-10 (b) A principal political committee of a judicial candidate
25-11 or officeholder that [person who] receives a political contribution
25-12 that violates Subsection (a) shall return the contribution to the
25-13 contributor not later than the later of:
25-14 (1) the last day of the reporting period in which the
25-15 contribution is received; or
25-16 (2) the fifth day after the date the contribution is
25-17 received.
25-18 (c) A principal political committee of a judicial candidate
25-19 or officeholder that [person who] fails to return a political
25-20 contribution as required by Subsection (b) is liable for a civil
25-21 penalty not to exceed three times the total amount of political
25-22 contributions accepted from the law firm, members of the law firm,
25-23 or general-purpose committees established or controlled by the law
25-24 firm in connection with the election.
25-25 SECTION 27. Sections 253.160(a) and (b), Election Code, are
25-26 amended to read as follows:
25-27 (a) The principal political committee of a [A] judicial
26-1 candidate or officeholder [or a specific-purpose committee for
26-2 supporting or opposing a judicial candidate or assisting a judicial
26-3 officeholder] may not knowingly accept a political contribution
26-4 from a general-purpose committee that, when aggregated with each
26-5 other political contribution from a general-purpose committee in
26-6 connection with an election, exceeds 15 percent of the applicable
26-7 limit on expenditures prescribed by Section 253.168, regardless of
26-8 whether the limit on expenditures is suspended.
26-9 (b) A principal political committee of a judicial candidate
26-10 or officeholder that [person who] receives a political contribution
26-11 that violates Subsection (a) shall return the contribution to the
26-12 contributor not later than the later of:
26-13 (1) the last day of the reporting period in which the
26-14 contribution is received; or
26-15 (2) the fifth day after the date the contribution is
26-16 received.
26-17 SECTION 28. Section 253.1601, Election Code, is amended to
26-18 read as follows:
26-19 Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
26-20 CONTRIBUTION TO PRINCIPAL POLITICAL COMMITTEE [CANDIDATE]. For
26-21 purposes of Sections 253.155, 253.157, and 253.160, a contribution
26-22 to a specific-purpose committee for the purpose of supporting two
26-23 or more [a] judicial candidates [candidate], opposing the
26-24 [candidate's] opponent of two or more judicial candidates, or
26-25 assisting two or more candidates [the candidate] as officeholders
26-26 [an officeholder] is considered to be a contribution to the
26-27 principal political committee of each judicial candidate or
27-1 officeholder the committee supports or assists.
27-2 SECTION 29. Sections 253.161(a)-(c), Election Code, are
27-3 amended to read as follows:
27-4 (a) The principal political committee of a [A] judicial
27-5 candidate or officeholder, a specific-purpose committee for
27-6 supporting or opposing two or more [a] judicial candidates
27-7 [candidate], or a specific-purpose committee for assisting two or
27-8 more [a] judicial officeholders [officeholder] may not use a
27-9 political contribution to make a campaign expenditure for judicial
27-10 office or to make an officeholder expenditure in connection with a
27-11 judicial office if the contribution was accepted while the
27-12 candidate or officeholder:
27-13 (1) was a candidate for an office other than a
27-14 judicial office; or
27-15 (2) held an office other than a judicial office,
27-16 unless the person had become a candidate for judicial office.
27-17 (b) The principal political committee of a [A] candidate
27-18 or[,] officeholder[,] or a specific-purpose committee for
27-19 supporting, opposing, or assisting a [the] candidate or
27-20 officeholder may not use a political contribution to make a
27-21 campaign expenditure for an office other than a judicial office or
27-22 to make an officeholder expenditure in connection with an office
27-23 other than a judicial office if the contribution was accepted while
27-24 the candidate or officeholder:
27-25 (1) was a candidate for a judicial office; or
27-26 (2) held a judicial office, unless the person had
27-27 become a candidate for another office.
28-1 (c) This section does not prohibit the principal political
28-2 committee of a candidate or officeholder from making a political
28-3 contribution to the principal political committee of another
28-4 candidate or officeholder.
28-5 SECTION 30. Sections 253.1611(a)-(d), Election Code, are
28-6 amended to read as follows:
28-7 (a) The principal political committee of a [A] judicial
28-8 candidate or officeholder or a specific-purpose committee for
28-9 supporting or opposing two or more [a] judicial candidates
28-10 [candidate] or assisting two or more [a] judicial officeholders
28-11 [officeholder] may not use a political contribution to make
28-12 political contributions that in the aggregate exceed $100 in a
28-13 calendar year to the principal political committee of a candidate
28-14 or officeholder.
28-15 (b) The principal political committee of a [A] judicial
28-16 candidate or a specific-purpose committee for supporting or
28-17 opposing two or more [a] judicial candidates [candidate] may not
28-18 use a political contribution to make political contributions to a
28-19 political committee in connection with a primary election.
28-20 (c) The principal political committee of a [A] judicial
28-21 candidate or a specific-purpose committee for supporting or
28-22 opposing two or more [a] judicial candidates [candidate] may not
28-23 use a political contribution to make a political contribution to a
28-24 political committee that, when aggregated with each other political
28-25 contribution to a political committee in connection with a general
28-26 election, exceeds $500.
28-27 (d) The principal political committee of a [A] judicial
29-1 officeholder or a specific-purpose committee for assisting two or
29-2 more [a] judicial officeholders [officeholder] may not use a
29-3 political contribution to make a political contribution to a
29-4 political committee in any calendar year in which the office held
29-5 is not on the ballot.
29-6 SECTION 31. Section 253.162, Election Code, is amended to
29-7 read as follows:
29-8 Sec. 253.162. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL
29-9 FUNDS AND PAYMENTS ON CERTAIN LOANS. (a) A judicial candidate or
29-10 officeholder who makes political contributions to the person's
29-11 principal political committee [expenditures] from the person's
29-12 personal funds may not reimburse the personal funds from political
29-13 contributions in amounts that in the aggregate exceed, for each
29-14 election in which the person's name appears on the ballot:
29-15 (1) for a statewide judicial office, $100,000; or
29-16 (2) for an office other than a statewide judicial
29-17 office, five times the applicable contribution limit under Section
29-18 253.155.
29-19 (b) A principal political committee of a [A] judicial
29-20 candidate or officeholder may not:
29-21 (1) use political contributions to repay a loan [who
29-22 accepts one or more political contributions in the form of loans],
29-23 including an extension of credit or a guarantee of a loan or
29-24 extension of credit, from one or more persons related [to the
29-25 candidate or officeholder] within the second degree by
29-26 consanguinity, as determined under [Subchapter B,] Chapter 573,
29-27 Government Code, to the candidate or officeholder the committee
30-1 supports or assists; or
30-2 (2) use political contributions, in amounts that in
30-3 the aggregate exceed the amount prescribed by Subsection (a), to
30-4 repay any other loan or extension of credit for which the candidate
30-5 or officeholder the committee supports or assists is personally
30-6 liable[, may not use political contributions to repay the loans].
30-7 (c) The total amount of both reimbursements under Subsection
30-8 (a) and repayments under Subsection (b)(2) made by the principal
30-9 political committee of a candidate or officeholder may not exceed
30-10 the amount prescribed by Subsection (a).
30-11 (d) The principal political committee of a [A] person who is
30-12 both a candidate and an officeholder may reimburse the person's
30-13 personal funds or repay loans from political contributions only in
30-14 one capacity.
30-15 (e) [(d)] A person who violates this section is liable for a
30-16 civil penalty not to exceed three times the amount by which the
30-17 reimbursement or repayment made in violation of this section
30-18 exceeds the applicable limit prescribed by Subsection (a).
30-19 SECTION 32. Sections 253.163(a), (b), and (d), Election
30-20 Code, are amended to read as follows:
30-21 (a) A person other than the principal political committee of
30-22 a judicial candidate or[,] officeholder[,] or the principal
30-23 political committee of the state executive committee or a county
30-24 executive committee of a political party may not make political
30-25 expenditures that in the aggregate exceed $5,000 for the purpose of
30-26 supporting or opposing a candidate for an office other than a
30-27 statewide judicial office or assisting such a candidate as an
31-1 officeholder unless the person files with the authority with whom a
31-2 campaign treasurer appointment by the principal political committee
31-3 of a candidate for the office is required to be filed a written
31-4 declaration of the person's intent to make expenditures that exceed
31-5 the limit prescribed by this subsection.
31-6 (b) A person other than the principal political committee of
31-7 a judicial candidate or[,] officeholder[,] or the principal
31-8 political committee of the state executive committee or a county
31-9 executive committee of a political party may not make political
31-10 expenditures that in the aggregate exceed $25,000 for the purpose
31-11 of supporting or opposing a candidate for a statewide judicial
31-12 office or assisting such a candidate as an officeholder unless the
31-13 person files with the commission a written declaration of the
31-14 person's intent to make expenditures that exceed the limit
31-15 prescribed by this subsection.
31-16 (d) A declaration received under Subsection (a) or (b) shall
31-17 be filed with the records of the principal political committee of
31-18 each judicial candidate or officeholder on whose behalf the person
31-19 filing the declaration intends to make political expenditures. If
31-20 the person intends to make only political expenditures opposing a
31-21 judicial candidate, the declaration shall be filed with the records
31-22 of the principal political committee of each candidate for the
31-23 office.
31-24 SECTION 33. Sections 253.164(a)-(c), Election Code, are
31-25 amended to read as follows:
31-26 (a) When a person becomes a candidate for a judicial office,
31-27 the person shall file with the authority with whom the candidate's
32-1 principal political committee is required to file its campaign
32-2 treasurer appointment [is required to be filed]:
32-3 (1) a sworn declaration of compliance stating that the
32-4 person voluntarily agrees to comply with the limits on expenditures
32-5 prescribed by this subchapter; or
32-6 (2) a written declaration of the person's intent to
32-7 make expenditures that exceed the limits prescribed by this
32-8 subchapter.
32-9 (b) The limits on contributions and on reimbursement of
32-10 personal funds prescribed by this subchapter apply to complying
32-11 candidates and their principal political committees unless
32-12 suspended as provided by Section 253.165 or 253.170. The limits on
32-13 contributions and on reimbursement of personal funds prescribed by
32-14 this subchapter apply to noncomplying candidates and their
32-15 principal political committees regardless of whether the limits on
32-16 contributions, expenditures, and reimbursement of personal funds
32-17 are suspended with respect to [for] complying candidates.
32-18 (c) The principal political committee of a [A] judicial
32-19 candidate may not knowingly accept a campaign contribution or make
32-20 or authorize a campaign expenditure before the candidate files a
32-21 declaration under Subsection (a).
32-22 SECTION 34. Sections 253.165(a), (b), and (e), Election
32-23 Code, are amended to read as follows:
32-24 (a) A complying candidate and the candidate's principal
32-25 political committee are [or a specific-purpose committee for
32-26 supporting a complying candidate is] not required to comply with
32-27 the limits on contributions, expenditures, and the reimbursement of
33-1 personal funds prescribed by this subchapter if another person
33-2 becomes a candidate for the same office and:
33-3 (1) files a declaration of intent to exceed the limits
33-4 on expenditures under Section 253.164(a)(2);
33-5 (2) fails to file a declaration of compliance under
33-6 Section 253.164(a)(1) or a declaration of intent under Section
33-7 253.164(a)(2);
33-8 (3) files a declaration of compliance under Section
33-9 253.164(a)(1) but later exceeds the limits on expenditures; or
33-10 (4) violates Section 253.173 or 253.174.
33-11 (b) The executive director of the commission shall issue an
33-12 order suspending the limits on contributions and expenditures for a
33-13 specific office not later than the fifth day after the date the
33-14 executive director determines that:
33-15 (1) a person has become a candidate for that office
33-16 and:
33-17 (A) has filed a declaration of intent to exceed
33-18 the limits on expenditures under Section 253.164(a)(2); or
33-19 (B) has failed to file a declaration of
33-20 compliance under Section 253.164(a)(1) or a declaration of intent
33-21 under Section 253.164(a)(2);
33-22 (2) the principal political committee of a complying
33-23 candidate for that office has exceeded the limit on expenditures
33-24 prescribed by this subchapter; or
33-25 (3) a candidate for that office has violated Section
33-26 253.173 or 253.174.
33-27 (e) A county clerk who receives a written allegation that
34-1 the principal campaign committee of a complying candidate has
34-2 exceeded the limit on expenditures or that a candidate has engaged
34-3 in conduct prohibited by Section 253.173 or 253.174 shall deliver a
34-4 copy of the allegation to the executive director of the commission
34-5 not later than the fifth day after the date the county clerk
34-6 receives the allegation. The county clerk shall, at no cost to the
34-7 commission, deliver to the executive director by mail or telephonic
34-8 facsimile machine copies of documents relevant to the allegation
34-9 not later than 48 hours after the executive director requests the
34-10 documents.
34-11 SECTION 35. Section 253.168(a), Election Code, is amended to
34-12 read as follows:
34-13 (a) For each election in which the candidate is involved,
34-14 the principal political committee of a complying candidate may not
34-15 knowingly make or authorize political expenditures that in the
34-16 aggregate exceed:
34-17 (1) for a statewide judicial office, $2 million;
34-18 (2) for the office of chief justice or justice, court
34-19 of appeals:
34-20 (A) $500,000, if the population of the judicial
34-21 district is more than one million; or
34-22 (B) $350,000, if the population of the judicial
34-23 district is one million or less; or
34-24 (3) for an office other than an office covered by
34-25 Subdivision (1) or (2):
34-26 (A) $350,000, if the population of the judicial
34-27 district is more than one million;
35-1 (B) $200,000, if the population of the judicial
35-2 district is 250,000 to one million; or
35-3 (C) $100,000, if the population of the judicial
35-4 district is less than 250,000.
35-5 SECTION 36. Section 253.169, Election Code, is amended to
35-6 read as follows:
35-7 Sec. 253.169. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
35-8 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.168, an
35-9 expenditure by a specific-purpose committee for the purpose of
35-10 supporting a candidate, opposing the candidate's opponent, or
35-11 assisting the candidate as an officeholder is considered to be an
35-12 expenditure by the principal political committee of the candidate
35-13 unless the candidate, in an affidavit filed with the authority with
35-14 whom the candidate's principal political committee is required to
35-15 file its campaign treasurer appointment [is required to be filed],
35-16 states that the candidate's campaign, including the candidate, an
35-17 aide to the candidate, a campaign officer, or a campaign consultant
35-18 of the candidate, has not directly or indirectly communicated with
35-19 the specific-purpose committee in regard to a strategic matter,
35-20 including polling data, advertising, or voter demographics, in
35-21 connection with the candidate's campaign.
35-22 (b) This section applies only to an expenditure of which the
35-23 principal campaign committee of the candidate or officeholder has
35-24 notice.
35-25 (c) An affidavit under this section shall be filed with the
35-26 next report the principal political committee of the candidate or
35-27 officeholder is required to file under Chapter 254 following the
36-1 receipt of notice of the expenditure.
36-2 SECTION 37. Sections 253.170(a) and (b), Election Code, are
36-3 amended to read as follows:
36-4 (a) A complying candidate for an office other than a
36-5 statewide judicial office and the candidate's principal political
36-6 committee are [or a specific-purpose committee for supporting such
36-7 a candidate is] not required to comply with the limits on
36-8 contributions, expenditures, and the reimbursement of personal
36-9 funds prescribed by this subchapter if a person other than the
36-10 candidate's opponent or the principal political committee of the
36-11 state executive committee or a county executive committee of a
36-12 political party makes political expenditures that in the aggregate
36-13 exceed $5,000 for the purpose of supporting the candidate's
36-14 opponent, opposing the candidate, or assisting the candidate's
36-15 opponent as an officeholder.
36-16 (b) A complying candidate for a statewide judicial office
36-17 and the candidate's principal political committee are [or a
36-18 specific-purpose committee for supporting such a candidate is] not
36-19 required to comply with the limits on contributions, expenditures,
36-20 and the reimbursement of personal funds prescribed by this
36-21 subchapter if a person other than the principal political committee
36-22 of the candidate's opponent or the principal political committee of
36-23 the state executive committee or a county executive committee of a
36-24 political party makes political expenditures that in the aggregate
36-25 exceed $25,000 for the purpose of supporting the candidate's
36-26 opponent, opposing the candidate, or assisting the candidate's
36-27 opponent as an officeholder.
37-1 SECTION 38. Section 253.171(a), Election Code, is amended to
37-2 read as follows:
37-3 (a) Except as provided by Subsection (b), a political
37-4 contribution to the principal political committee of a complying
37-5 candidate or a direct campaign expenditure on behalf of a complying
37-6 candidate that is made by the principal political committee of the
37-7 state executive committee or a county executive committee of a
37-8 political party is considered to be a political expenditure by the
37-9 principal political committee of the candidate for purposes of the
37-10 expenditure limits prescribed by Section 253.168.
37-11 SECTION 39. Section 253.172(a), Election Code, is amended to
37-12 read as follows:
37-13 (a) The principal political committee of a [A] candidate who
37-14 files a declaration of compliance under Section 253.164(a)(1) and
37-15 who later files a declaration of intent to exceed the limits on
37-16 expenditures under Section 253.164(a)(2) or a specific-purpose
37-17 committee for supporting such a candidate may not make a political
37-18 expenditure that causes the person to exceed the applicable limit
37-19 on expenditures prescribed by Section 253.168 before the 60th day
37-20 after the date the candidate files the declaration of intent to
37-21 exceed the limits on expenditures.
37-22 SECTION 40. The heading to Subchapter A, Chapter 254,
37-23 Election Code, is amended to read as follows:
37-24 SUBCHAPTER A. RECORDKEEPING; GENERAL PROVISIONS
37-25 SECTION 41. Section 254.001, Election Code, is amended to
37-26 read as follows:
37-27 Sec. 254.001. RECORDKEEPING REQUIRED. (a) [Each candidate
38-1 and each officeholder shall maintain a record of all reportable
38-2 activity.]
38-3 [(b)] Each campaign treasurer of a political committee shall
38-4 maintain a record of all reportable activity.
38-5 (b) [(c)] The record must contain the information that is
38-6 necessary for filing the reports required by this chapter.
38-7 (c) [(d)] A person required to maintain a record under this
38-8 section shall preserve the record for at least two years beginning
38-9 on the filing deadline for the report containing the information in
38-10 the record.
38-11 (d) [(e)] A person who violates this section commits an
38-12 offense. An offense under this section is a Class B misdemeanor.
38-13 SECTION 42. Section 254.031, Election Code, is amended to
38-14 read as follows:
38-15 Sec. 254.031. GENERAL CONTENTS OF REPORTS. (a) Except as
38-16 otherwise provided by this chapter, each report filed under this
38-17 chapter must include:
38-18 (1) the amount of political contributions from each
38-19 person that in the aggregate exceed $100 [$50] and that are
38-20 accepted during the reporting period by the [person or] committee
38-21 required to file a report under this chapter, the full name and
38-22 address of the person making the contributions, and the dates of
38-23 the contributions;
38-24 (2) for each individual from whom the committee
38-25 required to file the report has accepted political contributions
38-26 that in the aggregate exceed $1,000 and that are accepted during
38-27 the reporting period:
39-1 (A) the individual's principal occupation or job
39-2 title;
39-3 (B) the full name of the individual's employer,
39-4 if any; and
39-5 (C) if the committee required to file the report
39-6 is the principal political committee of a candidate or
39-7 officeholder, the aggregate total of political contributions
39-8 accepted from the individual since the date of the last general
39-9 election for the office sought by the candidate or held by the
39-10 officeholder, other than a contribution designated in writing for
39-11 that general election;
39-12 (3) the amount of loans that are made during the
39-13 reporting period for campaign or officeholder purposes to the
39-14 [person or] committee required to file the report [and that in the
39-15 aggregate exceed $50], the dates the loans are made, the interest
39-16 rate, the maturity date, the type of collateral for the loans, if
39-17 any, the full name and address of the person or financial
39-18 institution making the loans, the full name and address, principal
39-19 occupation, and name of the employer of each guarantor of the
39-20 loans, the amount of the loans guaranteed by each guarantor, and
39-21 the aggregate principal amount of all outstanding loans as of the
39-22 last day of the reporting period;
39-23 (4) [(3)] the amount of political expenditures that in
39-24 the aggregate exceed $100 [$50] and that are made during the
39-25 reporting period, the full name and address of the persons to whom
39-26 the expenditures are made, and the dates and purposes of the
39-27 expenditures;
40-1 (5) [(4)] the amount of each payment made during the
40-2 reporting period from a political contribution if the payment is
40-3 not a political expenditure, the full name and address of the
40-4 person to whom the payment is made, and the date and purpose of the
40-5 payment;
40-6 (6) [(5)] the total amount or a specific listing of
40-7 the political contributions of $100 [$50] or less accepted and the
40-8 total amount or a specific listing of the political expenditures of
40-9 $100 [$50] or less made during the reporting period;
40-10 (7) [(6)] the total amount of all political
40-11 contributions accepted and the total amount of all political
40-12 expenditures made during the reporting period; and
40-13 (8) [(7)] the name of each candidate or officeholder
40-14 who benefits from a direct campaign expenditure made during the
40-15 reporting period by the person or committee required to file the
40-16 report, and the office sought or held, excluding a direct campaign
40-17 expenditure that is made by the principal political committee of a
40-18 political party on behalf of a slate of two or more nominees of
40-19 that party.
40-20 (b) Instead of the information required by Subsections
40-21 (a)(4), (6), and (7), each report filed under this chapter by an
40-22 out-of-state political committee must include:
40-23 (1) the amount of political expenditures in connection
40-24 with elections in this state that in the aggregate exceed $150 and
40-25 that are made during the reporting period, the full name and
40-26 address of the persons to whom the expenditures are made, and the
40-27 dates and purposes of the expenditures;
41-1 (2) the total amount or a specific listing of the
41-2 political contributions of $150 or less accepted during the
41-3 reporting period;
41-4 (3) the total amount or a specific listing of the
41-5 political expenditures in connection with elections in this state
41-6 of $150 or less made during the reporting period;
41-7 (4) the total amount of all political contributions
41-8 accepted during the reporting period; and
41-9 (5) the total amount of all political expenditures in
41-10 connection with elections in this state made during the reporting
41-11 period.
41-12 (c) A report under this chapter is considered to be in
41-13 compliance with Subsection (a)(2) only if the person required to
41-14 file the report or the person's campaign treasurer shows that the
41-15 person has used best efforts, as provided by Section 254.0312, to
41-16 obtain, maintain, and report the information required by that
41-17 subdivision.
41-18 (d) If no reportable activity occurs during a reporting
41-19 period, the person required to file a report shall indicate that
41-20 fact in the report.
41-21 SECTION 43. Section 254.0311(b), Election Code, is amended to
41-22 read as follows:
41-23 (b) A report filed under this section must include:
41-24 (1) the amount of contributions from each person,
41-25 other than a caucus member, that in the aggregate exceed $100 [$50]
41-26 and that are accepted during the reporting period by the
41-27 legislative caucus, the full name and address of the person making
42-1 the contributions, and the dates of the contributions;
42-2 (2) for each individual from whom the legislative
42-3 caucus has accepted contributions that in the aggregate exceed
42-4 $1,000 and that are accepted during the reporting period:
42-5 (A) the individual's principal occupation or job
42-6 title; and
42-7 (B) the full name of the individual's employer,
42-8 if any;
42-9 (3) the amount of loans that are made during the
42-10 reporting period to the legislative caucus [and that in the
42-11 aggregate exceed $50], the dates the loans are made, the interest
42-12 rate, the maturity date, the type of collateral for the loans, if
42-13 any, the full name and address of the person or financial
42-14 institution making the loans, the full name and address, principal
42-15 occupation, and name of the employer of each guarantor of the
42-16 loans, the amount of the loans guaranteed by each guarantor, and
42-17 the aggregate principal amount of all outstanding loans as of the
42-18 last day of the reporting period;
42-19 (4) [(3)] the amount of expenditures that in the
42-20 aggregate exceed $100 [$50] and that are made during the reporting
42-21 period, the full name and address of the persons to whom the
42-22 expenditures are made, and the dates and purposes of the
42-23 expenditures;
42-24 (5) [(4)] the total amount or a specific listing of
42-25 contributions of $100 [$50] or less accepted from persons other
42-26 than caucus members and the total amount or a specific listing of
42-27 expenditures of $100 [$50] or less made during the reporting
43-1 period; and
43-2 (6) [(5)] the total amount of all contributions
43-3 accepted, including total contributions from caucus members, and
43-4 the total amount of all expenditures made during the reporting
43-5 period.
43-6 SECTION 44. Subchapter B, Chapter 254, Election Code, is
43-7 amended by adding Section 254.0312 to read as follows:
43-8 Sec. 254.0312. BEST EFFORTS. (a) A person required to file
43-9 a report under this subchapter is considered to have used best
43-10 efforts to obtain, maintain, and report the information required by
43-11 Section 254.031(a)(2) or 254.0311(b)(2) if the person or the
43-12 person's campaign treasurer complies with this section.
43-13 (b) Each written solicitation for political contributions or
43-14 contributions to a legislative caucus from an individual must
43-15 include:
43-16 (1) a clear request for the individual's full name and
43-17 address, the individual's principal occupation or job title, and
43-18 the full name of the individual's employer; and
43-19 (2) an accurate statement of state law regarding the
43-20 collection and reporting of individual contributor information,
43-21 such as:
43-22 (A) "State law requires (a political committee
43-23 or legislative caucus, as applicable) to use best efforts to
43-24 collect and report the full name and address, principal occupation
43-25 or job title, and full name of employer of individuals whose
43-26 contributions exceed $1,000 in a reporting period."; or
43-27 (B) "To comply with state law, (a political
44-1 committee or legislative caucus, as applicable) must use best
44-2 efforts to obtain, maintain, and report the full name and address,
44-3 principal occupation or job title, and full name of employer of
44-4 individuals whose contributions exceed $1,000 in a reporting
44-5 period."
44-6 (c) For each political contribution or contribution to a
44-7 legislative caucus received from an individual that, when
44-8 aggregated with all other such contributions received from the
44-9 individual during the reporting period, exceeds $1,000 and for
44-10 which the information required by Section 254.031(a)(2) is not
44-11 provided, the person must make at least one oral or written request
44-12 for the missing information. A request under this subsection:
44-13 (1) must be made not later than the 30th day after the
44-14 date the contribution is received;
44-15 (2) must include a clear and conspicuous statement
44-16 that complies with Subsection (b);
44-17 (3) if made orally, must be documented in writing; and
44-18 (4) may not be made in conjunction with a solicitation
44-19 for an additional contribution.
44-20 (d) A person must report any information required by Section
44-21 254.031(a)(2) or 254.0311(b)(2) that is not provided by the
44-22 individual making the contribution and that the person has in the
44-23 person's records of contributions or previous reports under this
44-24 chapter.
44-25 (e) A person who receives information required by Section
44-26 254.031(a)(2) or 254.0311(b)(2) after the filing deadline for the
44-27 report on which the contribution is reported must include the
45-1 missing information on the next report the person is required to
45-2 file under this chapter.
45-3 SECTION 45. Sections 254.034(a) and (d), Election Code, are
45-4 amended to read as follows:
45-5 (a) A determination to accept or refuse a political
45-6 contribution that is received by a [candidate, officeholder, or]
45-7 political committee shall be made not later than the end of the
45-8 reporting period during which the contribution is received.
45-9 (d) A person [candidate, officeholder, or political
45-10 committee] commits an offense if the person knowingly fails to
45-11 return a political contribution as required by Subsection (c).
45-12 SECTION 46. Sections 254.036(c)-(e), Election Code, are
45-13 amended to read as follows:
45-14 (c) A [candidate, officeholder, or] political committee that
45-15 is required to file reports with the commission may file reports
45-16 that comply with Subsection (a) if the [candidate, officeholder,
45-17 or] campaign treasurer of the committee files with the commission
45-18 an affidavit stating that the [candidate, officeholder, or]
45-19 committee, an agent of the [candidate, officeholder, or] committee,
45-20 or a person with whom the [candidate, officeholder, or] committee
45-21 contracts does not use computer equipment to keep the current
45-22 records of political contributions, political expenditures, or
45-23 persons making political contributions to the [candidate,
45-24 officeholder, or] committee. An affidavit under this subsection
45-25 must be filed with each report filed under Subsection (a). The
45-26 affidavit must include a statement that the [candidate,
45-27 officeholder, or] political committee understands that if the
46-1 [candidate, officeholder, or] committee, a consultant of the
46-2 [candidate, officeholder, or] committee, or a person with whom the
46-3 [candidate, officeholder, or] committee contracts uses computer
46-4 equipment for a purpose described by this subsection, the
46-5 [candidate, officeholder, or] committee is required to file reports
46-6 under Subsection (b).
46-7 (d) A [candidate, officeholder, or] political committee that
46-8 is required to file reports with the commission, other than the
46-9 principal political committee of a candidate for or holder of a
46-10 statewide office or a specific-purpose committee for supporting or
46-11 opposing such a candidate or assisting such an officeholder, may
46-12 file reports that comply with Subsection (a) if the [candidate or]
46-13 committee does not accept political contributions that in the
46-14 aggregate exceed $20,000 or make political expenditures that in the
46-15 aggregate exceed $20,000 in a calendar year. A [candidate,
46-16 officeholder, or] political committee that exceeds $20,000 in
46-17 political contributions or political expenditures in a calendar
46-18 year shall file reports as required by Subsection (b) for:
46-19 (1) any reporting period during the calendar year in
46-20 which the limit prescribed by this subsection is exceeded, other
46-21 than a reporting period that has ended on the date the limit is
46-22 exceeded; and
46-23 (2) each reporting period during a calendar year
46-24 subsequent to the calendar year in which the limit is exceeded.
46-25 (e) The principal political committee of a [A] candidate for
46-26 an office described by Section 252.005(5) or a specific-purpose
46-27 committee for supporting or opposing only candidates for an office
47-1 described by Section 252.005(5) or a measure described by Section
47-2 252.007(5) may file reports that comply with Subsection (a).
47-3 SECTION 47. The heading to Section 254.038, Election Code, is
47-4 amended to read as follows:
47-5 Sec. 254.038. TELEGRAM REPORT BY CERTAIN [CANDIDATES AND]
47-6 POLITICAL COMMITTEES.
47-7 SECTION 48. Sections 254.038(a)-(c), Election Code, are
47-8 amended to read as follows:
47-9 (a) In addition to other reports required by this chapter,
47-10 the following political committees [persons] shall file additional
47-11 reports during the period beginning the ninth day before election
47-12 day and ending at 5 p.m. [12 noon] on the [second] day before
47-13 election day:
47-14 (1) the principal political committee of a candidate
47-15 for statewide office who has an opponent whose name is to appear on
47-16 the ballot and that accepts political contributions under Section
47-17 253.043(b) that in the aggregate exceed $5,000 during that
47-18 reporting period;
47-19 (2) the principal political committee of a candidate
47-20 for state senator who has an opponent whose name is to appear on
47-21 the ballot and that [who] accepts political contributions under
47-22 Section 253.043(b) [from a person] that in the aggregate exceed
47-23 $2,500 [$1,000] during that reporting period;
47-24 (3) the principal political committee of [(2)] a
47-25 candidate for state representative who has an opponent whose name
47-26 is to appear on the ballot and that [who] accepts political
47-27 contributions under Section 253.043(b) [from a person] that in the
48-1 aggregate exceed $1,000 [$200] during that reporting period;
48-2 (4) a specific-purpose committee for supporting or
48-3 opposing two or more candidates for statewide office and that
48-4 accepts political contributions from a person that in the aggregate
48-5 exceed $5,000 during that reporting period;
48-6 (5) [(3)] a specific-purpose committee for supporting
48-7 or opposing two or more candidates [a candidate] for state senator
48-8 and that accepts political contributions from a person that in the
48-9 aggregate exceed $2,500 [$1,000] during that reporting period; and
48-10 (6) [(4)] a specific-purpose committee for supporting
48-11 or opposing two or more candidates [a candidate] for state
48-12 representative and that accepts political contributions from a
48-13 person that in the aggregate exceed $1,000 [$200] during that
48-14 reporting period.
48-15 (b) Each report required by this section must include the
48-16 amount of the political contributions specified by Subsection (a),
48-17 the full name and address of the person making the contributions,
48-18 and the dates of the contributions.
48-19 (c) A report under this section shall be filed by telegram
48-20 or telephonic facsimile machine or by hand with the commission not
48-21 later than 24 [48] hours after the contribution is accepted.
48-22 SECTION 49. Section 254.039(a), Election Code, is amended to
48-23 read as follows:
48-24 (a) In addition to other reports required by this chapter, a
48-25 general-purpose committee that makes direct campaign expenditures
48-26 supporting or opposing either a single candidate that in the
48-27 aggregate exceed $1,000 or a group of candidates that in the
49-1 aggregate exceed $15,000 during the period beginning the ninth day
49-2 before election day and ending at 5 p.m. [12 noon] on the [second]
49-3 day before election day shall file a report by telegram or
49-4 telephonic facsimile machine or by hand with the commission not
49-5 later than 24 [48] hours after the expenditure is made.
49-6 SECTION 50. Section 254.0391(a), Election Code, is amended to
49-7 read as follows:
49-8 (a) The principal political committee of a [A] statewide
49-9 officeholder, a member of the legislature, [or a specific-purpose
49-10 committee for supporting, opposing, or assisting a statewide
49-11 officeholder or member of the legislature,] or a candidate for
49-12 statewide office or the legislature or a specific-purpose committee
49-13 for supporting or opposing two or more candidates for statewide
49-14 office or the legislature or for assisting two or more statewide
49-15 officeholders or members of the legislature [the candidate,] that
49-16 accepts a political contribution during the period beginning on the
49-17 date the governor signs the proclamation calling a special
49-18 legislative session and continuing through the date of final
49-19 adjournment shall report the contribution to the commission not
49-20 later than the 30th day after the date of final adjournment.
49-21 SECTION 51. Section 254.0401, Election Code, is amended to
49-22 read as follows:
49-23 Sec. 254.0401. AVAILABILITY OF ELECTRONIC REPORTS ON
49-24 INTERNET. (a) The [Except as provided by Subsection (b), the]
49-25 commission shall make each report filed with the commission under
49-26 Section 254.036(b) available to the public on the Internet not
49-27 later than the second business day after the date the report is
50-1 filed.
50-2 (b) [Except as otherwise provided by this subsection, the
50-3 commission may not make a report filed with the commission under
50-4 Section 254.036(b) for a reporting deadline by any candidate for a
50-5 particular office or by a specific-purpose committee for supporting
50-6 or opposing only one candidate for a particular office available to
50-7 the public on the Internet until each candidate for that office and
50-8 each specific-purpose committee for supporting or opposing only one
50-9 candidate for that office, other than a candidate or committee to
50-10 which Section 254.036(c) or (d) applies, has filed a report for
50-11 that reporting deadline. Regardless of whether each candidate for
50-12 a particular office and each specific-purpose committee for
50-13 supporting or opposing only one candidate for that office has filed
50-14 a report for a filing deadline, the commission shall make each
50-15 report in connection with that office available on the Internet and
50-16 by any other electronic means on:]
50-17 [(1) the 21st day after the date of the filing
50-18 deadline, for a report other than a report required to be filed
50-19 under Section 254.064(c); or]
50-20 [(2) the fourth day after the date of the filing
50-21 deadline, for a report required to be filed under Section
50-22 254.064(c).]
50-23 [(c) Subsection (b) does not apply to a report filed under
50-24 Section 254.038.]
50-25 [(d)] The access allowed by this section to reports is in
50-26 addition to the public's access to the information through other
50-27 electronic or print distribution of the information.
51-1 (c) [(e)] Before making a report filed under Section
51-2 254.036(b) available on the Internet, the commission shall remove
51-3 each portion, other than street name, city, state, and zip code, of
51-4 the address of a person listed as having made a political
51-5 contribution to the person filing the report. The address
51-6 information removed must remain available on the report maintained
51-7 in the commission's office but may not be available electronically
51-8 at that office.
51-9 SECTION 52. Section 254.041(c), Election Code, is amended to
51-10 read as follows:
51-11 (c) A violation of Subsection (a)(3) [(a)(2)] by the
51-12 principal political committee of a candidate or officeholder is a
51-13 Class A misdemeanor if the report fails to include information
51-14 required by Section 254.061(3) or Section 254.091(2), as
51-15 applicable.
51-16 SECTION 53. Subchapter B, Chapter 254, Election Code, is
51-17 amended by adding Section 254.043 to read as follows:
51-18 Sec. 254.043. CONTRIBUTION OR EXPENDITURE PROHIBITED WHEN
51-19 REPORT OUTSTANDING. (a) A political committee that does not file a
51-20 report required under this chapter may not knowingly accept a
51-21 political contribution or knowingly make a political expenditure
51-22 during the period:
51-23 (1) beginning on the day after the date on which the
51-24 report is required to be filed; and
51-25 (2) ending on the date the report is filed.
51-26 (b) A person who violates this section is liable for a civil
51-27 penalty not to exceed three times the amount of political
52-1 contributions accepted and political expenditures made in violation
52-2 of this section.
52-3 (c) A person who violates this section commits an offense.
52-4 An offense under this section is a Class B misdemeanor.
52-5 SECTION 54. The heading to Subchapter C, Chapter 254,
52-6 Election Code, is amended to read as follows:
52-7 SUBCHAPTER C. REPORTING BY PRINCIPAL POLITICAL COMMITTEE OF
52-8 CANDIDATE
52-9 SECTION 55. Section 254.061, Election Code, is amended to
52-10 read as follows:
52-11 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition to
52-12 the contents required by Section 254.031, each report by the
52-13 principal political committee of a candidate must include:
52-14 (1) the candidate's full name and address, the office
52-15 sought, and the identity and date of the election for which the
52-16 report is filed;
52-17 (2) the campaign treasurer's name, residence or
52-18 business street address, and telephone number;
52-19 (3) for each political committee from which the
52-20 principal political committee [candidate] received notice under
52-21 Section 254.128 or 254.161:
52-22 (A) the committee's full name and address;
52-23 (B) an indication of whether the committee is a
52-24 general-purpose committee or a specific-purpose committee; [and]
52-25 (C) the full name and address of the committee's
52-26 campaign treasurer; and
52-27 (D) the amount of each political contribution or
53-1 political expenditure;
53-2 (4) the full name and address of each individual
53-3 acting as a campaign treasurer of a political committee under
53-4 Section 253.062 from whom the principal political committee
53-5 [candidate] received notice under Section 254.128 or 254.161; and
53-6 (5) on a separate page or pages of the report, the
53-7 identification of any payment from political contributions made to
53-8 a business in which the candidate has a participating interest of
53-9 more than 10 percent, holds a position on the governing body of the
53-10 business, or serves as an officer of the business.
53-11 SECTION 56. The heading to Section 254.0611, Election Code,
53-12 is amended to read as follows:
53-13 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY PRINCIPAL
53-14 POLITICAL COMMITTEE OF CERTAIN JUDICIAL CANDIDATES AND
53-15 OFFICEHOLDERS.
53-16 SECTION 57. Section 254.0611(a), Election Code, is amended to
53-17 read as follows:
53-18 (a) In addition to the contents required by Sections 254.031
53-19 and 254.061, each report by the principal political committee of a
53-20 candidate for or holder of a judicial office covered by Subchapter
53-21 F, Chapter 253, must include:
53-22 (1) the total amount of political contributions,
53-23 including interest or other income, maintained in one or more
53-24 accounts in which political contributions are deposited as of the
53-25 last day of the reporting period;
53-26 (2) for each individual from whom the principal
53-27 political committee [person] filing the report has accepted
54-1 political contributions that in the aggregate exceed $100 [$50] and
54-2 that are accepted during the reporting period:
54-3 (A) the principal occupation and job title of
54-4 the individual and the full name of the employer of the individual
54-5 or of the law firm of which the individual or the individual's
54-6 spouse is a member, if any; or
54-7 (B) if the individual is a child, the full name
54-8 of the law firm of which either of the individual's parents is a
54-9 member, if any;
54-10 (3) a specific listing of each asset valued at $500 or
54-11 more that was purchased with political contributions and on hand as
54-12 of the last day of the reporting period;
54-13 (4) for each political contribution accepted by the
54-14 principal political committee [person] filing the report but not
54-15 received as of the last day of the reporting period:
54-16 (A) the full name and address of the person
54-17 making the contribution;
54-18 (B) the amount of the contribution; and
54-19 (C) the date of the contribution; and
54-20 (5) for each outstanding loan to the principal
54-21 political committee [person] filing the report as of the last day
54-22 of the reporting period:
54-23 (A) the full name and address of the person or
54-24 financial institution making the loan; and
54-25 (B) the full name and address of each guarantor
54-26 of the loan other than the candidate or officeholder.
54-27 SECTION 58. Section 254.063, Election Code, is amended to
55-1 read as follows:
55-2 Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
55-3 POLITICAL COMMITTEE OF CANDIDATE. (a) The principal political
55-4 committee of a [A] candidate shall file two reports for each year
55-5 as provided by this section.
55-6 (b) The first report shall be filed not later than July 15.
55-7 The report covers the period beginning January 1, the day the
55-8 principal political committee's [candidate's] campaign treasurer
55-9 appointment is filed, or the first day after the period covered by
55-10 the last report required to be filed under this subchapter, as
55-11 applicable, and continuing through June 30.
55-12 (c) The second report shall be filed not later than January
55-13 15. The report covers the period beginning July 1, the day the
55-14 principal political committee's [candidate's] campaign treasurer
55-15 appointment is filed, or the first day after the period covered by
55-16 the last report required to be filed under this subchapter, as
55-17 applicable, and continuing through December 31.
55-18 SECTION 59. The heading to Section 254.064, Election Code,
55-19 is amended to read as follows:
55-20 Sec. 254.064. ADDITIONAL REPORTS OF PRINCIPAL POLITICAL
55-21 COMMITTEE OF OPPOSED CANDIDATE.
55-22 SECTION 60. Sections 254.064 (a), (b), (d), and (e), Election
55-23 Code, are amended to read as follows:
55-24 (a) In addition to other required reports, for each
55-25 election in which a person is a candidate and has an opponent whose
55-26 name is to appear on the ballot, the person's principal political
55-27 committee [person] shall file two reports.
56-1 (b) The first report shall be filed not later than the 30th
56-2 day before election day. The report covers the period beginning
56-3 the day the principal political committee's [candidate's] campaign
56-4 treasurer appointment is filed or the first day after the period
56-5 covered by the last report required to be filed under this chapter,
56-6 as applicable, and continuing through the 40th day before election
56-7 day.
56-8 (d) If a person becomes an opposed candidate after a
56-9 reporting period prescribed by Subsection (b) or (c), the person's
56-10 principal political committee [person] shall file the committee's
56-11 [person's] first report not later than the regular deadline for the
56-12 report covering the period during which the person becomes an
56-13 opposed candidate. The period covered by the first report begins
56-14 the day the committee's [candidate's] campaign treasurer
56-15 appointment is filed.
56-16 (e) In addition to other required reports, the principal
56-17 political committee of an opposed candidate in a runoff election
56-18 shall file one report for that election. The runoff election
56-19 report shall be filed not later than the eighth day before runoff
56-20 election day. The report covers the period beginning the ninth day
56-21 before the date of the main election and continuing through the
56-22 10th day before runoff election day.
56-23 SECTION 61. Sections 254.065 and 254.066, Election Code, are
56-24 amended to read as follows:
56-25 Sec. 254.065. FINAL REPORT. (a) If the principal political
56-26 committee of a candidate expects no reportable activity in
56-27 connection with the candidacy to occur after the period covered by
57-1 a report filed under this subchapter, the committee [candidate] may
57-2 designate the report as a "final" report.
57-3 (b) The designation of a report as a final report:
57-4 (1) relieves the principal political committee
57-5 [candidate] of the duty to file additional reports under this
57-6 subchapter, except as provided by Subsection (c); and
57-7 (2) terminates the committee's [candidate's] campaign
57-8 treasurer appointment.
57-9 (c) If, after a principal political committee's
57-10 [candidate's] final report is filed, reportable activity with
57-11 respect to the candidacy occurs, the committee [candidate] shall
57-12 file the appropriate reports under this subchapter and is otherwise
57-13 subject to the provisions of this title applicable to principal
57-14 political committees of candidates. A report filed under this
57-15 subsection may be designated as a final report.
57-16 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. (a) Except
57-17 as provided by Subsection (b), reports under this subchapter shall
57-18 be filed with the authority with whom the principal political
57-19 committee's [candidate's] campaign treasurer appointment is
57-20 required to be filed.
57-21 (b) A report required to be filed under this subchapter by
57-22 the principal political committee of a candidate for a judicial
57-23 district office filled by voters of only one county shall also be
57-24 filed with the county clerk.
57-25 SECTION 62. Sections 254.091-254.092, Election Code, are
57-26 amended to read as follows:
57-27 Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition to
58-1 the contents required by Section 254.031, each report by the
58-2 principal political committee of an officeholder must include:
58-3 (1) the officeholder's full name and address and the
58-4 office held;
58-5 (2) for each political committee from which the
58-6 officeholder received notice under Section 254.128 or 254.161:
58-7 (A) the committee's full name and address;
58-8 (B) an indication of whether the committee is a
58-9 general-purpose committee or a specific-purpose committee; [and]
58-10 (C) the full name and address of the committee's
58-11 campaign treasurer; and
58-12 (D) the amount of each political contribution or
58-13 political expenditure; and
58-14 (3) on a separate page or pages of the report, the
58-15 identification of any payment from political contributions made to
58-16 a business in which the officeholder has a participating interest
58-17 of more than 10 percent, holds a position on the governing body of
58-18 the business, or serves as an officer of the business.
58-19 Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
58-20 JUDICIAL OFFICEHOLDERS. In addition to the contents required by
58-21 Sections 254.031 and 254.091, each report by the principal
58-22 political committee of a holder of a judicial office covered by
58-23 Subchapter F, Chapter 253, must include the contents prescribed by
58-24 Section 254.0611.
58-25 Sec. 254.092. CERTAIN OFFICEHOLDER EXPENDITURES EXCLUDED.
58-26 The principal political committee of an [An] officeholder is not
58-27 required to report officeholder expenditures made from the
59-1 officeholder's personal funds, except as provided by Section
59-2 253.035(h).
59-3 SECTION 63. The heading to Section 254.093, Election Code, is
59-4 amended to read as follows:
59-5 Sec. 254.093. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
59-6 POLITICAL COMMITTEE OF OFFICEHOLDER.
59-7 SECTION 64. Section 254.093(a), Election Code, is amended to
59-8 read as follows:
59-9 (a) The principal political committee of an [An]
59-10 officeholder shall file two reports for each year as provided by
59-11 this section.
59-12 SECTION 65. Sections 254.095-254.097, Election Code, are
59-13 amended to read as follows:
59-14 Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
59-15 reporting period prescribed by this subchapter the principal
59-16 political committee of an officeholder who is required to file a
59-17 report with an authority other than the commission has not accepted
59-18 political contributions that in the aggregate exceed $500 or made
59-19 political expenditures that in the aggregate exceed $500, the
59-20 committee [officeholder] is not required to file a report covering
59-21 that period.
59-22 Sec. 254.096. OFFICEHOLDER WHO BECOMES CANDIDATE. The
59-23 principal political committee of an [An] officeholder who becomes a
59-24 candidate is subject to Subchapter C during each period covered by
59-25 a report required to be filed under Subchapter C.
59-26 Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. (a) Except
59-27 as provided by Subsection (b), reports under this subchapter shall
60-1 be filed with the authority with whom the principal political
60-2 committee's [a] campaign treasurer appointment [by a candidate for
60-3 the office held by the officeholder] is required to be filed.
60-4 (b) A report required to be filed under this subchapter by
60-5 the principal political committee of a holder of a judicial
60-6 district office filled by voters of only one county shall also be
60-7 filed with the county clerk.
60-8 SECTION 66. Section 254.121, Election Code, is amended to
60-9 read as follows:
60-10 Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. In addition
60-11 to the contents required by Section 254.031, each report by a
60-12 campaign treasurer of a specific-purpose committee must include:
60-13 (1) the committee's full name and address;
60-14 (2) the full name, residence or business street
60-15 address, and telephone number of the committee's campaign
60-16 treasurer;
60-17 (3) the identity and date of the election for which
60-18 the report is filed, if applicable;
60-19 (4) the name of each candidate and each measure
60-20 supported or opposed by the committee, indicating for each whether
60-21 the committee supports or opposes;
60-22 (5) the name of each officeholder assisted by the
60-23 committee;
60-24 (6) the amount of each political expenditure in the
60-25 form of a political contribution that is made to [a candidate,
60-26 officeholder, or] another political committee and that is returned
60-27 to the committee during the reporting period, the name of the
61-1 committee [person] to whom the expenditure was originally made, and
61-2 the date it is returned;
61-3 (7) on a separate page or pages of the report, the
61-4 identification of any payment from political contributions made to
61-5 a business in which a [the] candidate or officeholder supported or
61-6 assisted by the committee has a participating interest of more than
61-7 10 percent, holds a position on the governing body of the business,
61-8 or serves as an officer of the business; and
61-9 (8) on a separate page or pages of the report, the
61-10 identification of any contribution from a corporation or labor
61-11 organization made and accepted under Subchapter D, Chapter 253.
61-12 SECTION 67. The heading to Section 254.126, Election Code,
61-13 is amended to read as follows:
61-14 Sec. 254.126. DISSOLUTION REPORT OF COMMITTEE FOR ASSISTING
61-15 OFFICEHOLDERS [OFFICEHOLDER].
61-16 SECTION 68. Section 254.126(a), Election Code, is amended to
61-17 read as follows:
61-18 (a) If a specific-purpose committee for assisting only
61-19 officeholders [an officeholder] expects no reportable activity to
61-20 occur after the period covered by a report filed under this
61-21 subchapter, the committee's campaign treasurer may designate the
61-22 report as a "dissolution" report.
61-23 SECTION 69. Section 254.128, Election Code, is amended to
61-24 read as follows:
61-25 Sec. 254.128. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
61-26 CONTRIBUTIONS AND EXPENDITURES. (a) If a specific-purpose
61-27 committee accepts political contributions or makes political
62-1 expenditures for a candidate or officeholder, the committee's
62-2 campaign treasurer shall deliver written notice of that fact to the
62-3 principal political committee of the affected candidate or
62-4 officeholder not later than the end of the period covered by the
62-5 report in which the reportable activity occurs.
62-6 (b) The notice must include:
62-7 (1) the full name and address of the political
62-8 committee and its campaign treasurer;
62-9 (2) [and] an indication that the committee is a
62-10 specific-purpose committee; and
62-11 (3) the amount of each political contribution accepted
62-12 or political expenditure made.
62-13 (c) For purposes of the notice required by this section, a
62-14 specific-purpose committee that makes a political expenditure that
62-15 benefits more than one candidate or officeholder shall, in
62-16 compliance with rules adopted by the commission, allocate a portion
62-17 of the expenditure to each candidate or officeholder whom the
62-18 expenditure benefits in proportion to the benefit received by the
62-19 candidate or officeholder. For purposes of this subsection:
62-20 (1) a political expenditure for supporting a candidate
62-21 or assisting an officeholder benefits each candidate or
62-22 officeholder supported or assisted; and
62-23 (2) a political expenditure for opposing a candidate
62-24 benefits each opponent of the candidate.
62-25 (d) A campaign treasurer commits an offense if the campaign
62-26 treasurer fails to comply with this section. An offense under this
62-27 section is a Class A misdemeanor.
63-1 SECTION 70. Section 254.151, Election Code, is amended to
63-2 read as follows:
63-3 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
63-4 to the contents required by Section 254.031, each report by a
63-5 campaign treasurer of a general-purpose committee must include:
63-6 (1) the committee's full name and address;
63-7 (2) the full name, residence or business street
63-8 address, and telephone number of the committee's campaign
63-9 treasurer;
63-10 (3) the identity and date of the election for which
63-11 the report is filed, if applicable;
63-12 (4) the name of each identified candidate or measure
63-13 or classification by party of candidates supported or opposed by
63-14 the committee, indicating whether the committee supports or opposes
63-15 each listed candidate, measure, or classification by party of
63-16 candidates;
63-17 (5) the name of each identified officeholder or
63-18 classification by party of officeholders assisted by the committee;
63-19 (6) the principal occupation of each person from whom
63-20 political contributions that in the aggregate exceed $100 [$50] are
63-21 accepted during the reporting period;
63-22 (7) the amount of each political expenditure in the
63-23 form of a political contribution made to [a candidate,
63-24 officeholder, or] another political committee that is returned to
63-25 the committee during the reporting period, the name of the
63-26 committee [person] to whom the expenditure was originally made, and
63-27 the date it is returned; and
64-1 (8) on a separate page or pages of the report, the
64-2 identification of any contribution from a corporation or labor
64-3 organization made and accepted under Subchapter D, Chapter 253.
64-4 SECTION 71. Subchapter F, Chapter 254, Election Code, is
64-5 amended by adding Sections 254.1511 and 254.1512 to read as
64-6 follows:
64-7 Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
64-8 POLITICAL PARTY; ADDITIONAL CONTENTS. (a) Each report by the
64-9 principal political committee of the state executive committee of a
64-10 political party must list the political contributions and political
64-11 expenditures made in connection with each candidate or officeholder
64-12 on a separate schedule.
64-13 (b) In addition to the contents required by Sections 254.031
64-14 and 254.151, each report by the principal political committee of
64-15 the state executive committee of a political party must include,
64-16 for each candidate or officeholder for whose benefit the committee
64-17 makes a political contribution or political expenditure in the
64-18 calendar year:
64-19 (1) the total amount of political contributions made
64-20 during the calendar year to the principal political committee of
64-21 the candidate or officeholder; and
64-22 (2) the total amount of political expenditures made
64-23 during the calendar year for the benefit of the candidate or
64-24 officeholder.
64-25 Sec. 254.1512. CONTENTS OF REPORTS OF FEDERALLY REGISTERED
64-26 COMMITTEE. (a) This section applies only to a general-purpose
64-27 committee that is registered under Subchapter I, Chapter 14, Title
65-1 2, United States Code.
65-2 (b) Each report by the campaign treasurer of a
65-3 general-purpose committee to which this section applies must
65-4 include the contents required by Sections 254.031 and 254.151,
65-5 except as provided by this section.
65-6 (c) Instead of the information required by Sections
65-7 254.031(a)(1)-(4) and (6), the committee's report must include:
65-8 (1) for each political contribution accepted during
65-9 the reporting period by the committee that, when aggregated with
65-10 each other political contribution accepted by the committee during
65-11 the calendar year from the person making the contribution, exceeds
65-12 $200:
65-13 (A) the amount of the contribution;
65-14 (B) the full name and address and principal
65-15 occupation of the person making the contribution;
65-16 (C) the full name of the person's employer, if
65-17 any; and
65-18 (D) the date of the contribution;
65-19 (2) for each loan made during the reporting period to
65-20 the committee for campaign purposes that, when aggregated with each
65-21 other loan made to the committee during the calendar year by the
65-22 person making the loan, exceeds $200:
65-23 (A) the amount of the loan;
65-24 (B) the full name and address of the person or
65-25 financial institution making the loan;
65-26 (C) the date of the loan;
65-27 (D) the interest rate;
66-1 (E) the maturity date;
66-2 (F) the type of collateral for the loan, if any;
66-3 (G) the full name and address, principal
66-4 occupation, and name of the employer of each guarantor of the loan;
66-5 and
66-6 (H) the amount of the loan guaranteed by each
66-7 guarantor;
66-8 (3) for each political expenditure made during the
66-9 reporting period by the committee that, when aggregated with each
66-10 other political expenditure made by the committee during the
66-11 calendar year to the person, exceeds $200:
66-12 (A) the amount of the expenditure;
66-13 (B) the full name and address of the person to
66-14 whom the expenditure is made; and
66-15 (C) the date of the expenditure; and
66-16 (4) the total amount or a specific listing of the
66-17 political contributions of $200 or less accepted and the total
66-18 amount of political expenditures of $200 or less made during the
66-19 reporting period.
66-20 (d) The committee's report must also include the aggregate
66-21 principal amount of all outstanding loans as of the last day of the
66-22 reporting period.
66-23 (e) The committee's report need not include the amount of a
66-24 payment that is reported as a contribution under Subchapter I,
66-25 Chapter 14, Title 2, United States Code.
66-26 (f) Section 254.156 does not apply to a committee to which
66-27 this section applies.
67-1 (g) Notwithstanding Section 571.065, Government Code, a
67-2 committee to which this section applies may report the information
67-3 required by Subsections (c) and (d) on a form adopted or accepted
67-4 by the Federal Elections Commission.
67-5 SECTION 72. Section 254.156, Election Code, is amended to
67-6 read as follows:
67-7 Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly
67-8 report filed under this subchapter must comply with Sections
67-9 254.031, 254.0312, and 254.151, except that:
67-10 (1) the maximum amount of a political contribution,
67-11 expenditure, or loan that is not required to be individually
67-12 reported is $20 [$10] in the aggregate; and
67-13 (2) the maximum amount of a political contribution
67-14 from an individual for which the information described by Section
67-15 254.031(a)(2) is not required is $200 in the aggregate.
67-16 SECTION 73. Subchapter F, Chapter 254, Election Code, is
67-17 amended by adding Section 254.164 to read as follows:
67-18 Sec. 254.164. CRIMINAL PENALTY FOR INTENTIONAL FAILURE TO
67-19 FILE COMPLETE REPORT. (a) A general-purpose committee that is
67-20 required by this chapter to file a report commits an offense if the
67-21 committee intentionally fails:
67-22 (1) to file the report on time; or
67-23 (2) to include in the report information that is:
67-24 (A) required by this title to be included; and
67-25 (B) material to a complete understanding of the
67-26 committee's reportable activity under this title.
67-27 (b) An offense under this section is a Class B misdemeanor.
68-1 SECTION 74. Section 254.181(a), Election Code, is amended to
68-2 read as follows:
68-3 (a) The principal political committee of an [An] opposed
68-4 candidate or a specific-purpose committee required to file reports
68-5 under Subchapter C or E may file a report under this subchapter
68-6 instead if the [candidate or] committee does not intend to accept
68-7 political contributions that in the aggregate exceed $500 or to
68-8 make political expenditures that in the aggregate exceed $500 in
68-9 connection with the election.
68-10 SECTION 75. Section 254.182, Election Code, is amended to
68-11 read as follows:
68-12 Sec. 254.182. DECLARATION OF INTENT REQUIRED. (a) To be
68-13 entitled to file reports under this subchapter, the principal
68-14 political committee of an opposed candidate or a specific-purpose
68-15 committee must file with the campaign treasurer appointment a
68-16 written declaration of intent not to exceed $500 in political
68-17 contributions or political expenditures in the election.
68-18 (b) The declaration of intent must contain a statement that
68-19 the [candidate or] committee understands that if the $500 maximum
68-20 for contributions and expenditures is exceeded, the [candidate or]
68-21 committee is required to file reports under Subchapter C or E, as
68-22 applicable.
68-23 SECTION 76. Sections 254.183(a), (b), and (d), Election
68-24 Code, are amended to read as follows:
68-25 (a) The principal political committee of an [An] opposed
68-26 candidate or a specific-purpose committee that exceeds $500 in
68-27 political contributions or political expenditures in the election
69-1 shall file reports as required by Subchapter C or E, as applicable.
69-2 (b) If a [candidate or] committee exceeds the $500 maximum
69-3 after the filing deadline prescribed by Subchapter C or E for the
69-4 first report required to be filed under the appropriate subchapter,
69-5 the [candidate or] committee shall file a report not later than 48
69-6 hours after the maximum is exceeded.
69-7 (d) The reporting period for the next report filed by the
69-8 [candidate or] committee begins on the day after the last day of
69-9 the period covered by the report filed under Subsection (b).
69-10 SECTION 77. Section 254.184, Election Code, is amended to
69-11 read as follows:
69-12 Sec. 254.184. APPLICABILITY OF REGULAR REPORTING
69-13 REQUIREMENTS. (a) Subchapter C or E, as applicable, applies to
69-14 the principal political committee of an opposed candidate or a
69-15 specific-purpose committee filing under this subchapter to the
69-16 extent that the appropriate subchapter does not conflict with this
69-17 subchapter.
69-18 (b) A [candidate or] committee filing under this subchapter
69-19 is not required to file any reports of political contributions and
69-20 political expenditures other than the semiannual reports required
69-21 to be filed not later than July 15 and January 15.
69-22 SECTION 78. Section 254.201(a), Election Code, is amended to
69-23 read as follows:
69-24 (a) This section applies to:
69-25 (1) a former officeholder who has unexpended political
69-26 contributions after the officeholder's principal political
69-27 committee files [filing] the last report required to be filed by
70-1 Subchapter D; or
70-2 (2) a person who was an unsuccessful candidate who has
70-3 unexpended political contributions after the candidate's principal
70-4 political committee files [filing] the last report required to be
70-5 filed by Subchapter C.
70-6 SECTION 79. Section 254.203(a), Election Code, is amended to
70-7 read as follows:
70-8 (a) A person may not retain political contributions covered
70-9 by this title, assets purchased with the contributions, or interest
70-10 and other income earned on the contributions for more than six
70-11 years after the later of:
70-12 (1) the date the person [either] ceases to be an
70-13 officeholder; or
70-14 (2) the date of the most recent election in which the
70-15 person was a candidate [or files a final report under this chapter,
70-16 whichever is later].
70-17 SECTION 80. Sections 254.204(a) and (d), Election Code, are
70-18 amended to read as follows:
70-19 (a) At the end of the [six-year] period prescribed by
70-20 Section 254.203, the former officeholder or candidate shall remit
70-21 any unexpended political contributions to one or more of the
70-22 following:
70-23 (1) the political party with which the person was
70-24 affiliated when the person's name last appeared on a ballot;
70-25 (2) a [candidate or] political committee;
70-26 (3) the comptroller [of public accounts] for deposit
70-27 in the state treasury [State Treasury];
71-1 (4) one or more persons from whom political
71-2 contributions were received, in accordance with Subsection (d);
71-3 (5) a recognized tax-exempt, charitable organization
71-4 formed for educational, religious, or scientific purposes; [or]
71-5 (6) a public or private postsecondary educational
71-6 institution or an institution of higher education as defined by
71-7 Section 61.003 [61.003(8)], Education Code, solely for the purpose
71-8 of assisting or creating a scholarship program; or
71-9 (7) the commission for deposit in the fair campaign
71-10 spending fund under Section 251.034.
71-11 (d) The amount of political contributions disposed of under
71-12 Subsection (a)(4) to one person may not exceed the aggregate amount
71-13 accepted from that person during the last two years that the
71-14 principal political committee of the candidate or officeholder
71-15 accepted contributions under this title.
71-16 SECTION 81. Section 254.205(a), Election Code, is amended to
71-17 read as follows:
71-18 (a) Not later than the 30th day after the date the
71-19 [six-year] period prescribed by Section 254.203 ends, the person
71-20 required to dispose of unexpended political contributions shall
71-21 file a report of the disposition.
71-22 SECTION 82. Section 254.231(b), Election Code, is amended to
71-23 read as follows:
71-24 (b) The principal political committee of each [Each]
71-25 opposing candidate whose name appears on the ballot is entitled to
71-26 recover damages under this section.
71-27 SECTION 83. Section 255.001(a), Election Code, is amended to
72-1 read as follows:
72-2 (a) A person may not knowingly enter into a contract or
72-3 other agreement to print, copy, publish, or broadcast political
72-4 advertising that does not indicate in the advertising:
72-5 (1) that it is political advertising; and
72-6 (2) the full name and address of:
72-7 (A) [either] the individual who caused the
72-8 advertising to be printed, copied, published, or broadcast;
72-9 (B) the campaign treasurer of the candidate,
72-10 officeholder, or political committee on whose behalf the
72-11 advertising is printed, copied, published, or broadcast; or
72-12 (C) the candidate, officeholder, or political
72-13 committee on whose behalf the advertising is printed, copied,
72-14 published, or broadcast [personally entered into the contract or
72-15 agreement with the printer, publisher, or broadcaster or the person
72-16 that individual represents; and]
72-17 [(3) in the case of advertising that is printed or
72-18 published, the address of either the individual who personally
72-19 entered into the agreement with the printer or publisher or the
72-20 person that individual represents].
72-21 SECTION 84. Chapter 255, Election Code, is amended by adding
72-22 Sections 255.009-255.011 to read as follows:
72-23 Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING CONCERNING
72-24 CERTAIN UNPAID CIVIL PENALTIES. (a) Political advertising by a
72-25 person who fails to pay a civil penalty imposed by the commission
72-26 for a violation of this title must, in addition to any other
72-27 disclosure required under this chapter, include the following
73-1 statement: "(Name of candidate or committee) has failed to pay a
73-2 civil penalty imposed by the Texas Ethics Commission for a
73-3 violation of Title 15, Election Code."
73-4 (b) The commission shall adopt rules providing for:
73-5 (1) the minimum size of the disclosure required by
73-6 this section in political advertising that appears on television or
73-7 in writing; and
73-8 (2) the minimum duration of the disclosure required by
73-9 this section in political advertising that appears on television or
73-10 radio.
73-11 (c) Subsection (a) does not apply to a civil penalty
73-12 imposed by the commission that is the subject of an appeal under
73-13 Section 571.133, Government Code.
73-14 (d) A person who violates this section commits an offense.
73-15 An offense under this section is a Class B misdemeanor.
73-16 Sec. 255.010. RESTRICTIONS ON CERTAIN TELEPHONE ADVERTISING
73-17 AND POLLING. (a) Not later than 24 hours after the time a person
73-18 begins to conduct a telephone advertising campaign or poll in
73-19 connection with a campaign for an office for which a campaign
73-20 treasurer appointment must be filed with the commission, other than
73-21 an office described by Section 252.005(5), the person shall file
73-22 with the commission the script that will be used in conducting the
73-23 advertising campaign or poll. The commission may not take any
73-24 action in connection with a script filed under this subsection
73-25 other than making the script available to the public on request.
73-26 (b) This section applies only to a telephone advertising
73-27 campaign or poll conducted by a person that is:
74-1 (1) affiliated or aligned with a candidate, political
74-2 committee, political party, or campaign consultant; or
74-3 (2) compensated by a candidate, political committee,
74-4 political party, or campaign consultant for conducting the
74-5 advertising campaign or poll.
74-6 (c) A person who violates this section commits an offense.
74-7 An offense under this section is a Class B misdemeanor.
74-8 Sec. 255.011. FURNISHING EARLY VOTING BALLOT WITH CAMPAIGN
74-9 COMMUNICATION OR POLITICAL ADVERTISING PROHIBITED; EXCEPTION. (a)
74-10 A person may not knowingly furnish to another person an application
74-11 for an early voting ballot to be voted by mail that is part of or
74-12 included with a campaign communication or political advertising.
74-13 (b) Subsection (a) does not apply to an application for an
74-14 early voting ballot that is furnished by:
74-15 (1) an individual, candidate, or officeholder not
74-16 working in concert with another person; or
74-17 (2) the principal political committee of the state
74-18 executive committee or a county executive committee of a political
74-19 party.
74-20 (c) A person who violates this section commits an offense.
74-21 An offense under this section is a Class B misdemeanor.
74-22 SECTION 85. Sections 251.005, 253.032, and 253.036, Election
74-23 Code, are repealed.
74-24 SECTION 86. (a) Not later than September 15, 2001, each
74-25 person who on September 1, 2001, is a candidate, as that term is
74-26 defined in Section 251.001, Election Code, or an officeholder
74-27 covered by Title 15, Election Code, shall designate a principal
75-1 political committee as required by Section 251.010, Election Code,
75-2 as added by this Act.
75-3 (b) Not later than the 15th day after the date a candidate
75-4 or officeholder designates a principal political committee as
75-5 required by Subsection (a) of this section, the person shall
75-6 transfer to the committee each asset that the person holds in the
75-7 person's capacity as a candidate or officeholder.
75-8 (c) Not later than the 15th day after the date a candidate
75-9 or officeholder designates a principal political committee as
75-10 required by Subsection (a) of this section, the committee shall
75-11 assume each liability of the person in the person's capacity as a
75-12 candidate or officeholder.
75-13 SECTION 87. (a) Section 253.031, Election Code, as amended
75-14 by this Act, applies only to a political contribution accepted or
75-15 political expenditure made by an out-of-state political committee,
75-16 as that term is defined by Section 251.001, Election Code, on or
75-17 after September 1, 2001. A political contribution accepted or a
75-18 political expenditure made by an out-of-state political committee
75-19 before September 1, 2001, is governed by the law in effect at the
75-20 time the contribution was accepted or expenditure was made, and the
75-21 former law is continued in effect for that purpose.
75-22 (b) Sections 253.042 and 253.162, Election Code, as amended
75-23 by this Act, apply only to repayment of a loan or extension of
75-24 credit that is made on or after September 1, 2001. The repayment
75-25 of a loan or extension of credit that was made before September 1,
75-26 2001, is governed by the law in effect on the date the loan or
75-27 extension of credit was made, and the former law is continued in
76-1 effect for that purpose.
76-2 (c) Sections 253.043 and 253.044, Election Code, as added by
76-3 this Act, apply only to a political contribution accepted on or
76-4 after September 1, 2001. A political contribution accepted before
76-5 September 1, 2001, is governed by the law in effect at the time the
76-6 contribution was accepted, and the former law is continued in
76-7 effect for that purpose.
76-8 (d) Chapter 254, Election Code, as amended by this Act,
76-9 applies only to the reporting of a political contribution accepted
76-10 or political expenditure made on or after September 1, 2001. The
76-11 reporting of a political contribution accepted or a political
76-12 expenditure made before that date is governed by the law in effect
76-13 at the time the contribution or expenditure was accepted or made,
76-14 and the former law is continued in effect for that purpose.
76-15 (e) Subchapter H, Chapter 254, Election Code, as amended by
76-16 this Act, applies only to a person who is a candidate, as that term
76-17 is defined by Section 251.001, Election Code, or an officeholder
76-18 subject to Title 15, Election Code, on September 1, 2001. A person
76-19 who is a former candidate or former officeholder on September 1,
76-20 2001, is subject to Subchapter H, Chapter 254, Election Code, as
76-21 that subchapter existed immediately before amendment by this Act,
76-22 and the former law is continued in effect for that purpose.
76-23 (f) Notwithstanding Section 254.203, Election Code, as that
76-24 section existed before amendment by this Act, a person who ceased
76-25 to be an officeholder or who was last a candidate in an election
76-26 before September 1, 1995, shall, not later than January 1, 2002,
76-27 dispose of unexpended political contributions, assets purchased
77-1 with political contributions, and interest or other income earned
77-2 on political contributions in compliance with Section 254.203,
77-3 Election Code, as amended by this Act. A person who ceased to be
77-4 an officeholder or candidate on or after September 1, 1995, shall
77-5 dispose of unexpended political contributions, assets purchased
77-6 with political contributions, and interest or other income earned
77-7 on political contributions in compliance with Section 254.203,
77-8 Election Code, as amended by this Act, regardless of whether the
77-9 person has filed a final report under Chapter 254, Election Code.
77-10 (g) The changes in law made to Sections 254.041, 254.128,
77-11 254.161, and 255.001, Election Code, by this Act apply only to an
77-12 offense committed on or after September 1, 2001. For the purposes
77-13 of this section, an offense is committed before September 1, 2001,
77-14 if any element of the offense occurs before that date.
77-15 (h) An offense under Section 253.042, 254.041, 254.128,
77-16 254.161, or 255.001, Election Code, that is committed before
77-17 September 1, 2001, is covered by the law in effect when the offense
77-18 was committed, and the former law is continued in effect for that
77-19 purpose.
77-20 SECTION 88. This Act takes effect September 1, 2001.