By Gallego H.B. No. 3
77R5260 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limits on political contributions to and direct
1-3 campaign expenditures made on behalf of certain candidates,
1-4 officeholders, and political committees; providing civil penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 253, Election Code, is amended by adding
1-7 Subchapter G to read as follows:
1-8 SUBCHAPTER G. CONTRIBUTION LIMITS FOR
1-9 LEGISLATIVE OR EXECUTIVE OFFICE
1-10 Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-11 applies only to a political contribution or direct campaign
1-12 expenditure in connection with:
1-13 (1) a statewide office in the executive branch;
1-14 (2) the office of state senator;
1-15 (3) the office of state representative; or
1-16 (4) the office of member, State Board of Education.
1-17 Sec. 253.202. CONTRIBUTION LIMITS. (a) Except as provided
1-18 by Subsection (c), a person may not knowingly make or authorize
1-19 political contributions to a candidate or officeholder that in the
1-20 aggregate exceed the following limits in a calendar year:
1-21 (1) for a statewide office, $25,000;
1-22 (2) for the office of state senator, $10,000;
1-23 (3) for the office of state representative, $5,000; or
1-24 (4) for the office of member, State Board of
2-1 Education, $10,000.
2-2 (b) A person may not knowingly accept a political
2-3 contribution, and shall refuse a political contribution that is
2-4 received, in violation of Subsection (a).
2-5 (c) This section does not apply to a political contribution
2-6 made by the principal political committee of the state executive
2-7 committee of a political party.
2-8 (d) A person who violates this section is liable for a civil
2-9 penalty not to exceed three times the amount of the political
2-10 contributions made or accepted in violation of this section.
2-11 Sec. 253.203. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-12 CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of Section
2-13 253.202, a political contribution to a specific-purpose committee
2-14 for the purpose of supporting a candidate, opposing the candidate's
2-15 opponent, or assisting the candidate as an officeholder is
2-16 considered to be a contribution to the candidate or officeholder.
2-17 Sec. 253.204. CERTAIN DIRECT CAMPAIGN EXPENDITURES
2-18 CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
2-19 253.202, a direct campaign expenditure is considered to be a
2-20 campaign contribution to a candidate if it is made with the
2-21 cooperation or prior consent of, in consultation with, or at the
2-22 suggestion of:
2-23 (1) the candidate;
2-24 (2) a specific-purpose committee for supporting the
2-25 candidate or opposing the candidate's opponent; or
2-26 (3) a person acting with the candidate's knowledge and
2-27 consent.
3-1 Sec. 253.205. NOTICE TO CERTAIN CANDIDATES OR OFFICEHOLDERS
3-2 OF INTENT TO ACCEPT CONTRIBUTIONS OR MAKE EXPENDITURES. (a) The
3-3 campaign treasurer of a specific-purpose committee that intends to
3-4 accept political contributions or make political expenditures for
3-5 the purpose of supporting a candidate for an office to which this
3-6 subchapter applies, opposing such a candidate's opponent, or
3-7 assisting such a candidate as an officeholder shall deliver written
3-8 notice of the committee's intent to the affected candidate or
3-9 officeholder.
3-10 (b) The notice must include the full name and address of the
3-11 specific-purpose committee and of its campaign treasurer.
3-12 (c) The notice must be delivered not later than the later
3-13 of:
3-14 (1) the date the committee files its campaign
3-15 treasurer appointment; or
3-16 (2) the third day after the date the committee
3-17 determines that it intends to accept political contributions or
3-18 make political expenditures for which notice under this section is
3-19 required.
3-20 (d) A campaign treasurer who violates this section is liable
3-21 for a civil penalty in an amount not to exceed three times the
3-22 political contributions accepted or political expenditures made for
3-23 a purpose described by Subsection (a) before notice is delivered
3-24 to the affected candidate or officeholder.
3-25 Sec. 253.206. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
3-26 COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
3-27 of a specific-purpose committee that receives a political
4-1 contribution or makes a direct campaign expenditure that is
4-2 considered under Section 253.203 or 253.204 to be a contribution to
4-3 a candidate or officeholder shall, not later than the fifth day
4-4 after the date the contribution is received or the expenditure is
4-5 made, deliver written notice of that fact to the affected candidate
4-6 or officeholder.
4-7 (b) A candidate or officeholder who receives a political
4-8 contribution covered by Section 253.202 shall, not later than the
4-9 fifth day after the date the contribution is received, deliver
4-10 written notice of that fact to the campaign treasurer of each
4-11 specific-purpose committee that notifies the candidate or
4-12 officeholder under Section 253.205 that the committee intends to
4-13 accept political contributions or make political expenditures on
4-14 the candidate's or officeholder's behalf.
4-15 (c) A notice under this section must include:
4-16 (1) the full name and address of the person receiving
4-17 the political contribution and of the person's campaign treasurer,
4-18 if any;
4-19 (2) the full name and address of the person making the
4-20 contribution;
4-21 (3) the date the contribution is received; and
4-22 (4) the amount of the contribution.
4-23 (d) A person who violates this section is liable for a civil
4-24 penalty in an amount not to exceed three times the amount of
4-25 political contributions for which notice was not provided.
4-26 Sec. 253.207. RETURN OF EXCESS CONTRIBUTION. (a) A person
4-27 who receives a political contribution the acceptance of which would
5-1 violate Section 253.202 shall return the contribution to the
5-2 contributor not later than the 10th day after the date the
5-3 contribution is received.
5-4 (b) A political contribution that is not returned as
5-5 required by this section is considered to be accepted.
5-6 SECTION 2. Section 253.003(c), Election Code, is amended to
5-7 read as follows:
5-8 (c) This section does not apply to a political contribution
5-9 made or accepted in violation of Subchapter F or G.
5-10 SECTION 3. Section 253.004(b), Election Code, is amended to
5-11 read as follows:
5-12 (b) This section does not apply to a political expenditure
5-13 made or authorized in violation of Subchapter F or G.
5-14 SECTION 4. Section 253.005(b), Election Code, is amended to
5-15 read as follows:
5-16 (b) This section does not apply to a political expenditure
5-17 that is:
5-18 (1) prohibited by Section 253.101; or
5-19 (2) made from a political contribution made in
5-20 violation of Subchapter F or G.
5-21 SECTION 5. Section 254.034, Election Code, is amended by
5-22 amending Subsection (e) and adding Subsection (f) to read as
5-23 follows:
5-24 (e) This section applies to a political contribution covered
5-25 by Subchapter G, Chapter 253, except as provided by Section
5-26 253.207.
5-27 (f) An offense under this section is a Class A misdemeanor.
6-1 SECTION 6. Subchapter C, Chapter 254, Election Code, is
6-2 amended by adding Section 254.0612 to read as follows:
6-3 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
6-4 CANDIDATES. In addition to the contents required by Sections
6-5 254.031 and 254.061, each report by a candidate for an office to
6-6 which Subchapter G applies must include:
6-7 (1) for each political contribution of which the
6-8 candidate receives notice under Section 253.206:
6-9 (A) the full name and address of the committee
6-10 receiving the contribution;
6-11 (B) the full name and address of the committee's
6-12 campaign treasurer;
6-13 (C) the full name and address of the person
6-14 making the contribution;
6-15 (D) the date the contribution is received;
6-16 (E) the amount of the contribution; and
6-17 (F) an indication of whether the committee
6-18 accepted or refused the contribution; and
6-19 (2) for each person from whom, in the calendar year
6-20 containing the period covered by the report, the candidate has
6-21 accepted a political contribution or a specific-purpose committee
6-22 has accepted a political contribution of which the candidate
6-23 received notice under Section 253.206, the aggregate total of
6-24 political contributions accepted by the candidate and by the
6-25 committee from the person during that calendar year.
6-26 SECTION 7. Subchapter D, Chapter 254, Election Code, is
6-27 amended by adding Section 254.0912 to read as follows:
7-1 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
7-2 OFFICEHOLDERS. In addition to the contents required by Sections
7-3 254.031 and 254.091, each report by the holder of an office to
7-4 which Subchapter G applies must include the contents prescribed by
7-5 Section 254.0612.
7-6 SECTION 8. Subchapter E, Chapter 254, Election Code, is
7-7 amended by adding Section 254.1212 to read as follows:
7-8 Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
7-9 COMMITTEES. In addition to the contents required by Sections
7-10 254.031 and 254.121, each report by a specific-purpose committee
7-11 for supporting or opposing a candidate for or assisting a holder of
7-12 an office to which Subchapter G applies must include the contents
7-13 prescribed by Section 254.0612.
7-14 SECTION 9. (a) Subchapter G, Chapter 253, Election Code, as
7-15 added by this Act, applies only to a political contribution
7-16 accepted or a political expenditure made on or after September 1,
7-17 2001. A political contribution accepted or a political expenditure
7-18 made before September 1, 2001, is governed by the law in effect at
7-19 the time the contribution was accepted or the expenditure was made
7-20 and is not aggregated with political contributions accepted or
7-21 political expenditures made on or after that date.
7-22 (b) Sections 254.0612, 254.0912, and 254.1212, Election
7-23 Code, as added by this Act, apply to the reporting of a political
7-24 contribution accepted or political expenditure made on or after
7-25 September 1, 2001. The reporting of a political contribution
7-26 accepted or political expenditure made before September 1, 2001, is
7-27 governed by the law in effect at the time the contribution was
8-1 accepted or the expenditure was made.
8-2 SECTION 10. This Act takes effect September 1, 2001.