By Mowery H.B. No. 552
77R206 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 criminal
1-5 penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 253, Election Code, is amended by adding
1-8 Subchapter G to read as follows:
1-9 SUBCHAPTER G. CONTRIBUTION LIMITS
1-10 Sec. 253.201. CONTRIBUTION LIMITS. (a) Except as provided
1-11 by Subsection (d), a person may not knowingly make or authorize
1-12 political contributions to a candidate or officeholder that in the
1-13 aggregate exceed the limit prescribed by Subsection (b) with
1-14 respect to an election cycle in which the candidate or officeholder
1-15 is involved.
1-16 (b) The contribution limits are:
1-17 (1) for the office of state senator, $10,000; or
1-18 (2) for any other office, $5,000.
1-19 (c) A person may not knowingly accept a political
1-20 contribution, and shall refuse a political contribution that is
1-21 received, in violation of Subsection (a).
1-22 (d) This section does not apply to a political contribution
1-23 in connection with:
1-24 (1) a statewide office;
2-1 (2) the office of member, State Board of Education; or
2-2 (3) an office covered by Subchapter F.
2-3 (e) A person who violates this section commits an offense.
2-4 An offense under this section is a Class A misdemeanor.
2-5 (f) In this section:
2-6 (1) "Election cycle" means:
2-7 (A) the general primary election, runoff primary
2-8 election, if any, and general election for an office for which a
2-9 primary election is held;
2-10 (B) the general election and runoff election, if
2-11 any, for an office for which a primary election is not held; or
2-12 (C) a special election and runoff election, if
2-13 any.
2-14 (2) "With respect to an election cycle" means:
2-15 (A) with regard to a political contribution that
2-16 is designated in writing for a particular election, the election
2-17 cycle that includes the election designated; or
2-18 (B) with regard to a political contribution that
2-19 is not designated in writing for a particular election or that is
2-20 designated as an officeholder contribution, the election cycle
2-21 that includes the next election for that office occurring after the
2-22 contribution is made.
2-23 Sec. 253.202. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-24 CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes of Section
2-25 253.201, a political contribution to a specific-purpose committee
2-26 for the purpose of supporting a candidate, opposing the candidate's
2-27 opponent, or assisting the candidate as an officeholder is
3-1 considered to be a contribution to the candidate or officeholder.
3-2 Sec. 253.203. CERTAIN DIRECT CAMPAIGN EXPENDITURES
3-3 CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
3-4 253.201, a direct campaign expenditure is considered to be a
3-5 campaign contribution to a candidate if it is made with the
3-6 cooperation or prior consent of, in consultation with, or at the
3-7 suggestion of:
3-8 (1) the candidate;
3-9 (2) a specific-purpose committee for supporting the
3-10 candidate or opposing the candidate's opponent; or
3-11 (3) a person acting with the candidate's knowledge and
3-12 consent.
3-13 Sec. 253.204. NOTICE TO CERTAIN CANDIDATES OR OFFICEHOLDERS
3-14 OF INTENT TO ACCEPT CONTRIBUTIONS OR MAKE EXPENDITURES. (a) The
3-15 campaign treasurer of a specific-purpose committee that intends to
3-16 accept political contributions or make political expenditures for
3-17 the purpose of supporting a candidate for an office to which
3-18 Section 253.201 applies, opposing such a candidate's opponent, or
3-19 assisting such a candidate as an officeholder shall deliver written
3-20 notice of the committee's intent to the candidate or officeholder.
3-21 (b) The notice must include the full name and address of the
3-22 specific-purpose committee and of its campaign treasurer.
3-23 (c) The notice must be delivered not later than the later
3-24 of:
3-25 (1) the date the committee files its campaign
3-26 treasurer appointment; or
3-27 (2) the third day after the date the committee
4-1 determines it intends to accept political contributions or make
4-2 political expenditures for which notice under this section is
4-3 required.
4-4 (d) A campaign treasurer who violates this section commits
4-5 an offense. An offense under this section is a Class A
4-6 misdemeanor.
4-7 Sec. 253.205. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
4-8 COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
4-9 of a specific-purpose committee that receives a political
4-10 contribution or makes a direct campaign expenditure that is
4-11 considered under Section 253.202 or 253.203 to be a contribution to
4-12 a candidate or officeholder shall, not later than the fifth day
4-13 after the date the contribution is received or the expenditure is
4-14 made, deliver written notice of that fact to the affected candidate
4-15 or officeholder.
4-16 (b) A candidate or officeholder who receives a political
4-17 contribution covered by Section 253.201 shall, not later than the
4-18 fifth day after the date the contribution is received, deliver
4-19 written notice of that fact to the campaign treasurer of each
4-20 specific-purpose committee that notifies the candidate or
4-21 officeholder under Section 253.204 that the committee intends to
4-22 accept political contributions or make political expenditures on
4-23 the candidate's or officeholder's behalf.
4-24 (c) A notice under this section must include:
4-25 (1) the full name and address of the person receiving
4-26 the political contribution and of the person's campaign treasurer,
4-27 if any;
5-1 (2) the full name and address of the person making the
5-2 contribution;
5-3 (3) the date the contribution is received; and
5-4 (4) the amount of the contribution.
5-5 (d) A person who violates this section commits an offense.
5-6 An offense under this section is a Class A misdemeanor.
5-7 Sec. 253.206. RETURN OF EXCESS CONTRIBUTION. (a) A person
5-8 who receives a political contribution the acceptance of which would
5-9 violate Section 253.201 shall return the contribution to the
5-10 contributor not later than the 10th day after the date the
5-11 contribution is received.
5-12 (b) A political contribution that is not returned as
5-13 required by this section is considered to be accepted.
5-14 SECTION 2. Section 254.034, Election Code, is amended by
5-15 amending Subsection (e) and adding Subsection (f) to read as
5-16 follows:
5-17 (e) This section applies to a political contribution covered
5-18 by Subchapter G, Chapter 253, except as provided by Section
5-19 253.206.
5-20 (f) An offense under this section is a Class A misdemeanor.
5-21 SECTION 3. Subchapter C, Chapter 254, Election Code, is
5-22 amended by adding Section 254.0612 to read as follows:
5-23 Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
5-24 CANDIDATES. In addition to the contents required by Sections
5-25 254.031 and 254.061, each report by a candidate for an office to
5-26 which Section 253.201 applies must include for each political
5-27 contribution of which the candidate receives notice under Section
6-1 253.205:
6-2 (1) the full name and address of the committee
6-3 receiving the contribution;
6-4 (2) the full name and address of the committee's
6-5 campaign treasurer;
6-6 (3) the full name and address of the person making the
6-7 contribution;
6-8 (4) the date the contribution is received;
6-9 (5) the amount of the contribution; and
6-10 (6) an indication of whether the committee accepted or
6-11 refused the contribution.
6-12 SECTION 4. Subchapter D, Chapter 254, Election Code, is
6-13 amended by adding Section 254.0912 to read as follows:
6-14 Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
6-15 OFFICEHOLDERS. In addition to the contents required by Sections
6-16 254.031 and 254.091, each report by the holder of an office to
6-17 which Section 253.201 applies must include the contents prescribed
6-18 by Section 254.0612.
6-19 SECTION 5. Subchapter E, Chapter 254, Election Code, is
6-20 amended by adding Section 254.1212 to read as follows:
6-21 Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
6-22 COMMITTEES. In addition to the contents required by Sections
6-23 254.031 and 254.121, each report by a specific-purpose committee
6-24 for supporting or opposing a candidate for or assisting a holder of
6-25 an office to which Section 253.201 applies must include the
6-26 contents prescribed by Section 254.0612.
6-27 SECTION 6. (a) This Act takes effect September 1, 2001.
7-1 (b) Subchapter G, Chapter 253, Election Code, as added by
7-2 this Act, applies only to a political contribution accepted or a
7-3 political expenditure made on or after September 1, 2001. A
7-4 political contribution accepted or a political expenditure made
7-5 before September 1, 2001, is governed by the law in effect at the
7-6 time the contribution was accepted or the expenditure was made and
7-7 is not aggregated with political contributions accepted or
7-8 political contributions made on or after that date.
7-9 (c) Sections 254.0612, 254.0912, and 254.1212, Election
7-10 Code, as added by this Act, apply to the reporting of a political
7-11 contribution accepted or political expenditure made on or after
7-12 September 1, 2001. The reporting of a political contribution
7-13 accepted or political expenditure made before September 1, 2001, is
7-14 governed by the law in effect at the time the contribution was
7-15 accepted.