By Danburg H.B. No. 708
77R2605 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reporting of certain political contributions and
1-3 political expenditures; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.001, Election Code, is amended by
1-6 amending Subdivisions (2)-(4) and (16) and adding Subdivisions
1-7 (21)-(24) to read as follows:
1-8 (2) "Contribution" means a direct or indirect transfer
1-9 of money, goods, services, or any other thing of value and includes
1-10 a legally enforceable [an] agreement made or other obligation
1-11 incurred[, whether legally enforceable or not,] to make a transfer.
1-12 The term includes a loan or extension of credit, other than those
1-13 expressly excluded by this subdivision, and a guarantee of a loan
1-14 or extension of credit, including a loan described by this
1-15 subdivision. The term does not include:
1-16 (A) a loan made in the due course of business by
1-17 a corporation that is legally engaged in the business of lending
1-18 money and that has conducted the business continuously for more
1-19 than one year before the loan is made; or
1-20 (B) an expenditure required to be reported under
1-21 Section 305.006(b), Government Code.
1-22 (3) "Campaign contribution" means a contribution to a
1-23 candidate or political committee that is [offered or] given with
1-24 the intent that it be used in connection with a campaign for
2-1 elective office or on a measure. Whether a contribution is made
2-2 before, during, or after an election does not affect its status as
2-3 a campaign contribution.
2-4 (4) "Officeholder contribution" means a contribution
2-5 to an officeholder or political committee that is [offered or]
2-6 given with the intent that it be used to defray expenses that:
2-7 (A) are incurred by the officeholder in
2-8 performing a duty or engaging in an activity in connection with the
2-9 office; and
2-10 (B) are not reimbursable with public money.
2-11 (16) "Political advertising" means a communication
2-12 containing express advocacy that supports or opposes [supporting or
2-13 opposing] a candidate for nomination or election to a public office
2-14 or office of a political party or a public officer or supporting or
2-15 opposing[,] a political party[, a public officer,] or a measure
2-16 that:
2-17 (A) in return for consideration, is published in
2-18 a newspaper, magazine, or other periodical or is broadcast by radio
2-19 or television; or
2-20 (B) appears in a pamphlet, circular, flier,
2-21 billboard or other sign, bumper sticker, or similar form of written
2-22 communication.
2-23 (21) "Express advocacy" means a communication that
2-24 advocates the election or defeat of a candidate by:
2-25 (A) containing a word or phrase such as "vote
2-26 for," "reelect," "support," "cast your ballot for," "(name of
2-27 candidate) for legislature," "(name of candidate) in 2002," "vote
3-1 against," "defeat," or "reject" or a campaign slogan or words that
3-2 in context can have no reasonable meaning other than to advocate
3-3 the election or defeat of one or more clearly identified
3-4 candidates;
3-5 (B) referring to one or more clearly identified
3-6 candidates or officeholders in a paid advertisement that is
3-7 broadcast by a radio or television station after the 60th day
3-8 before the date of an election in which the person identified is a
3-9 candidate; or
3-10 (C) expressing unmistakable and unambiguous
3-11 support for or opposition to one or more clearly identified
3-12 candidates or officeholders when taken as a whole and with limited
3-13 reference to external events, such as proximity to an election.
3-14 (22) "Coordinated contribution" means a political
3-15 contribution that is provided in coordination with a candidate.
3-16 (23) "Election cycle" means:
3-17 (A) the general primary election, runoff primary
3-18 election, if any, and general election for state and county
3-19 officers; or
3-20 (B) a special election and runoff election, if
3-21 any.
3-22 (24) "Provided in coordination with a candidate"
3-23 includes:
3-24 (A) the making of a payment by a person in
3-25 cooperation, consultation, or concert with, at the request or
3-26 suggestion of, or pursuant to any general or particular
3-27 understanding with a candidate or an agent acting on behalf of a
4-1 candidate;
4-2 (B) the making of a payment by a person for the
4-3 production, dissemination, distribution, or publication of any
4-4 broadcast or any written, graphic, or other form of political
4-5 advertising or campaign communication prepared by a candidate or an
4-6 agent of a candidate;
4-7 (C) the making of a payment by a person based on
4-8 information that the candidate or the candidate's agent, with the
4-9 intent that the payment be made, provides about a candidate's
4-10 plans, projects, or needs to the person making the payment;
4-11 (D) the making of a payment by a person who, in
4-12 the same election cycle as that in which the payment is made, is
4-13 serving or has served as a member, employee, fund-raiser, or agent
4-14 of the candidate's campaign in an executive or policy-making
4-15 position;
4-16 (E) the making of a payment by a person who, in
4-17 the same election cycle as that in which the payment is made, has
4-18 served in any formal policy-making or advisory position with the
4-19 candidate's campaign or has participated in formal strategic or
4-20 formal policy-making discussions with the candidate's campaign
4-21 relating to the candidate's pursuit of nomination or election to
4-22 elective office;
4-23 (F) the making of a payment by a person who, in
4-24 the same election cycle as that in which the payment is made,
4-25 retains the professional services of any person who has provided
4-26 or is providing campaign-related services in that election cycle to
4-27 a candidate in connection with the candidate's pursuit of
5-1 nomination or election to elective office, including services
5-2 relating to the candidate's decision to seek the office if the
5-3 person providing those services is retained to work on activities
5-4 relating to the candidate's campaign;
5-5 (G) the making of a payment by a person who has
5-6 engaged in a coordinated activity with a candidate described by
5-7 Paragraphs (A)-(F) for a communication that clearly refers to the
5-8 candidate and is for the purpose of influencing an election,
5-9 regardless of whether the communication is express advocacy;
5-10 (H) direct participation by a person in
5-11 fund-raising activities with the candidate or in the solicitation
5-12 or receipt of political contributions on behalf of the candidate;
5-13 (I) communication by a person with a candidate
5-14 or, if the communication is made after the candidate has declared
5-15 the candidate's candidacy, with an agent of the candidate,
5-16 including a pollster, media consultant, vendor, advisor, or staff
5-17 member, acting on behalf of the candidate, about an advertising
5-18 message, allocation of resources, fund-raising, or other campaign
5-19 matters related to the candidate's campaign, including campaign
5-20 operations, staffing, tactics, or strategy; or
5-21 (J) provision by a person of in-kind
5-22 professional political services, such as polling, media advice,
5-23 direct mailing, fund-raising, or campaign research, to the
5-24 candidate or candidate's agent.
5-25 SECTION 2. The heading to Subchapter A, Chapter 254,
5-26 Election Code, is amended to read as follows:
5-27 SUBCHAPTER A. RECORDKEEPING; GENERAL PROVISIONS
6-1 SECTION 3. Subchapter A, Chapter 254, Election Code, is
6-2 amended by adding Section 254.002 to read as follows:
6-3 Sec. 254.002. SUBSTANTIAL INTEREST IN BUSINESS ENTITY. (a)
6-4 In this chapter, "business entity" means any entity recognized by
6-5 law through which business for profit is conducted, including a
6-6 sole proprietorship, partnership, firm, corporation, holding
6-7 company, joint stock company, receivership, or trust.
6-8 (b) For purposes of this chapter, a person has a substantial
6-9 interest in a business entity if the person:
6-10 (1) has a controlling interest in the business entity;
6-11 (2) owns more than 10 percent of the voting interest
6-12 in the business entity;
6-13 (3) owns more than $25,000 of the fair market value of
6-14 the business entity;
6-15 (4) has a direct or indirect participating interest by
6-16 shares, stock, or otherwise, regardless of whether voting rights
6-17 are included, in more than 10 percent of the profits, proceeds, or
6-18 capital gains of the business entity;
6-19 (5) is a member of the board of directors or other
6-20 governing board of the business entity; or
6-21 (6) serves as an elected officer of the business
6-22 entity.
6-23 SECTION 4. Section 254.031, Election Code, is amended to
6-24 read as follows:
6-25 Sec. 254.031. GENERAL CONTENTS OF REPORT. (a) Except as
6-26 otherwise provided by this chapter, each report filed under this
6-27 chapter must include:
7-1 (1) the amount of political contributions from each
7-2 person that in the aggregate exceed $100 [$50] and that are
7-3 accepted during the reporting period by the person or committee
7-4 required to file a report under this chapter, the full name and
7-5 address of the person making the contributions, and the dates of
7-6 the contributions, and, if the contribution is an in-kind
7-7 contribution, a description of the property or services
7-8 contributed;
7-9 (2) for each individual from whom the person or
7-10 committee required to file the report has accepted political
7-11 contributions that in the aggregate exceed $500 and that are
7-12 accepted during the reporting period:
7-13 (A) the individual's principal occupation or job
7-14 title; and
7-15 (B) the full name of the individual's employer,
7-16 if any;
7-17 (3) the amount of loans that are made during the
7-18 reporting period for campaign or officeholder purposes to the
7-19 person or committee required to file the report and that in the
7-20 aggregate exceed $100 [$50], the dates the loans are made, the
7-21 interest rate, the maturity date, the type of collateral for the
7-22 loans, if any, the full name and address of the person or financial
7-23 institution making the loans, the full name and address, principal
7-24 occupation, and name of the employer of each guarantor of the
7-25 loans, the amount of the loans guaranteed by each guarantor, and
7-26 the aggregate principal amount of all outstanding loans as of the
7-27 last day of the reporting period;
8-1 (4) [(3)] the amount of political expenditures that in
8-2 the aggregate exceed $100 [$50] and that are made during the
8-3 reporting period, the full name and address of the persons to whom
8-4 the expenditures are made, and the dates and purposes of the
8-5 expenditures;
8-6 (5) [(4)] the amount of each payment made during the
8-7 reporting period from a political contribution if the payment is
8-8 not a political expenditure, the full name and address of the
8-9 person to whom the payment is made, and the date and purpose of the
8-10 payment;
8-11 (6) [(5)] the total amount or a specific listing of
8-12 the political contributions of $100 [$50] or less accepted and the
8-13 total amount or a specific listing of the political expenditures of
8-14 $100 [$50] or less made during the reporting period;
8-15 (7) [(6)] the total amount of all political
8-16 contributions accepted and the total amount of all political
8-17 expenditures made during the reporting period; [and]
8-18 (8) [(7)] the name of each candidate or officeholder
8-19 who benefits from a direct campaign expenditure made during the
8-20 reporting period by the person or committee required to file the
8-21 report, and the office sought or held, excluding a direct campaign
8-22 expenditure that is made by the principal political committee of a
8-23 political party on behalf of a slate of two or more nominees of
8-24 that party;
8-25 (9) the name of any person who made an offer of money
8-26 to the person or committee required to file the report during the
8-27 reporting period with the intent that it be used in connection with
9-1 a campaign for elective office or on a measure if:
9-2 (A) the offer is for $1,000 or more;
9-3 (B) the person or committee has reason to
9-4 believe the offer is for $1,000 or more; or
9-5 (C) the offer is to cover 10 percent or more of
9-6 the total anticipated costs of the campaign;
9-7 (10) for each loan that exceeds $100 and is
9-8 outstanding as of the last day of the reporting period, other than
9-9 a loan reported under Subdivision (3):
9-10 (A) the full name and address of the person or
9-11 financial institution making the loan;
9-12 (B) the date the loan was made;
9-13 (C) the original principal amount of the loan;
9-14 and
9-15 (D) the outstanding principal balance of the
9-16 loan; and
9-17 (11) as of the last day of the reporting period, the
9-18 difference between:
9-19 (A) the sum of all money in accounts maintained
9-20 at financial institutions by the committee required to file the
9-21 report, the amount of political contributions received by the
9-22 committee but not deposited in an account, and cash on hand; and
9-23 (B) each outstanding check or other withdrawal
9-24 against an account at a financial institution.
9-25 (b) A report under this chapter is considered to be in
9-26 compliance with Subsection (a)(2) only if the person required to
9-27 file the report or the person's campaign treasurer shows that the
10-1 person has used best efforts, as provided by Section 254.0313, to
10-2 obtain, maintain, and report the information required by that
10-3 subdivision.
10-4 (c) If no reportable activity occurs during a reporting
10-5 period, the person required to file a report shall indicate that
10-6 fact in the report.
10-7 SECTION 5. Section 254.0311(b), Election Code, is amended to
10-8 read as follows:
10-9 (b) A report filed under this section must include:
10-10 (1) the amount of contributions from each person,
10-11 other than a caucus member, that in the aggregate exceed $100 [$50]
10-12 and that are accepted during the reporting period by the
10-13 legislative caucus, the full name and address of the person making
10-14 the contributions, and the dates of the contributions;
10-15 (2) the amount of loans that are made during the
10-16 reporting period to the legislative caucus and that in the
10-17 aggregate exceed $100 [$50], the dates the loans are made, the
10-18 interest rate, the maturity date, the type of collateral for the
10-19 loans, if any, the full name and address of the person or financial
10-20 institution making the loans, the full name and address, principal
10-21 occupation, and name of the employer of each guarantor of the
10-22 loans, the amount of the loans guaranteed by each guarantor, and
10-23 the aggregate principal amount of all outstanding loans as of the
10-24 last day of the reporting period;
10-25 (3) the amount of expenditures that in the aggregate
10-26 exceed $100 [$50] and that are made during the reporting period,
10-27 the full name and address of the persons to whom the expenditures
11-1 are made, and the dates and purposes of the expenditures;
11-2 (4) the total amount or a specific listing of
11-3 contributions of $100 [$50] or less accepted from persons other
11-4 than caucus members and the total amount or a specific listing of
11-5 expenditures of $100 [$50] or less made during the reporting
11-6 period; and
11-7 (5) the total amount of all contributions accepted,
11-8 including total contributions from caucus members, and the total
11-9 amount of all expenditures made during the reporting period.
11-10 SECTION 6. Subchapter B, Chapter 254, Election Code, is
11-11 amended by adding Sections 254.0312 and 254.0313 to read as
11-12 follows:
11-13 Sec. 254.0312. REPORTING BY OUT-OF-STATE POLITICAL
11-14 COMMITTEE. Instead of the information required by Sections
11-15 254.031(a)(4), (6), and (7), each report filed under this chapter
11-16 by an out-of-state political committee must include:
11-17 (1) the amount of political expenditures in connection
11-18 with elections in this state that in the aggregate exceed $100 and
11-19 that are made during the reporting period, the full name and
11-20 address of the persons to whom the expenditures are made, and the
11-21 dates and purposes of the expenditures;
11-22 (2) the total amount or a specific listing of the
11-23 political contributions of $100 or less accepted and the total
11-24 amount or a specific listing of the political expenditures in
11-25 connection with elections in this state of $100 or less made during
11-26 the reporting period; and
11-27 (3) the total amount of all political contributions
12-1 accepted and the total amount of all political expenditures in
12-2 connection with elections in this state made during the reporting
12-3 period.
12-4 Sec. 254.0313. BEST EFFORTS. (a) A person required to file
12-5 a report under this subchapter is considered to have used best
12-6 efforts to obtain, maintain, and report the information required by
12-7 Section 254.031(a)(2) if the person or the person's campaign
12-8 treasurer complies with this section.
12-9 (b) Each written solicitation for political contributions
12-10 from an individual must include:
12-11 (1) a clear request for the individual's full name and
12-12 address, the individual's principal occupation or job title, and
12-13 the full name of the individual's employer; and
12-14 (2) an accurate statement of state law regarding the
12-15 collection and reporting of individual contributor information,
12-16 such as:
12-17 (A) "State law requires (a candidate,
12-18 officeholder, or committee, as applicable) to use best efforts to
12-19 collect and report the full name and address, principal occupation
12-20 or job title, and full name of employer of individuals whose
12-21 contributions exceed $500 in a reporting period."; or
12-22 (B) "To comply with state law, (a candidate,
12-23 officeholder, or committee, as applicable) must use best efforts to
12-24 obtain, maintain, and report the full name and address, principal
12-25 occupation or job title, and full name of employer of individuals
12-26 whose contributions exceed $500 in a reporting period."
12-27 (c) For each political contribution received from an
13-1 individual that, when aggregated with all other political
13-2 contributions received from the individual during the reporting
13-3 period, exceeds $500 and for which the information required by
13-4 Section 254.031(a)(2) is not provided, the person must make at
13-5 least one oral or written request for the missing information. A
13-6 request under this subsection:
13-7 (1) must be made not later than the 30th day after the
13-8 date the contribution is received; and
13-9 (2) may not be made in conjunction with a solicitation
13-10 for an additional political contribution.
13-11 (d) A request under Subsection (c) that is made in writing
13-12 must include a clear and conspicuous statement that complies with
13-13 Subsection (b)(2) and a preaddressed envelope or postcard for
13-14 responding to the request. A request that is made orally must be
13-15 documented in writing.
13-16 (e) A person must report any information required by Section
13-17 254.031(a)(2) that is not provided by the individual making the
13-18 contribution and that the person has in the person's records of
13-19 political contributions or previous reports under this chapter.
13-20 (f) A person who receives information required by Section
13-21 254.031(a)(2) after the filing deadline for the report on which the
13-22 contribution is reported must file an amendment to that report that
13-23 provides the missing information.
13-24 SECTION 7. Section 254.038(a), Election Code, is amended to
13-25 read as follows:
13-26 (a) In addition to other reports required by this chapter,
13-27 the following persons shall file additional reports during the
14-1 period beginning the ninth day before election day and ending at 12
14-2 noon on the second day before election day:
14-3 (1) a candidate for statewide office who has an
14-4 opponent whose name is to appear on the ballot and who accepts
14-5 political contributions from a person that in the aggregate exceed
14-6 $1,000 during that reporting period;
14-7 (2) a candidate for state senator who has an opponent
14-8 whose name is to appear on the ballot and who accepts political
14-9 contributions from a person that in the aggregate exceed $1,000
14-10 during that reporting period;
14-11 (3) [(2)] a candidate for state representative who has
14-12 an opponent whose name is to appear on the ballot and who accepts
14-13 political contributions from a person that in the aggregate exceed
14-14 $200 during that reporting period;
14-15 (4) a specific-purpose committee for supporting or
14-16 opposing a candidate for statewide office and that accepts
14-17 political contributions from a person that in the aggregate exceed
14-18 $1,000 during that reporting period;
14-19 (5) [(3)] a specific-purpose committee for supporting
14-20 or opposing a candidate for state senator and that accepts
14-21 political contributions from a person that in the aggregate exceed
14-22 $1,000 during that reporting period; [and]
14-23 (6) [(4)] a specific-purpose committee for supporting
14-24 or opposing a candidate for state representative and that accepts
14-25 political contributions from a person that in the aggregate exceed
14-26 $200 during that reporting period; and
14-27 (7) a political committee that is required to file its
15-1 campaign treasurer appointment with the commission and that accepts
15-2 political contributions from a person that in the aggregate exceed
15-3 $5,000 during that reporting period, other than a political
15-4 committee to which Subdivision (4), (5), or (6) applies.
15-5 SECTION 8. Subchapter B, Chapter 254, Election Code, is
15-6 amended by adding Section 254.0381 to read as follows:
15-7 Sec. 254.0381. TELEGRAM REPORT OF CERTAIN DIRECT CAMPAIGN
15-8 EXPENDITURES. (a) In addition to other reports required by this
15-9 chapter, a person that makes direct campaign expenditures that in
15-10 the aggregate exceed $5,000 during the period beginning the ninth
15-11 day before election day and ending at 12 noon on the second day
15-12 before election day shall file a report not later than 24 hours
15-13 after the expenditure is made.
15-14 (b) Each report required by this section must include the
15-15 amount of the expenditures, the full name and address and principal
15-16 occupation of the persons to whom the expenditures are made, and
15-17 the dates of the expenditures.
15-18 (c) A report under this section shall be filed by telegram
15-19 or telephonic facsimile machine or by hand.
15-20 (d) This section does not apply to a direct campaign
15-21 expenditure made by the principal political committee of a
15-22 political party.
15-23 (e) Section 254.036 does not apply to a report required by
15-24 this section.
15-25 SECTION 9. Section 254.041, Election Code, is amended by
15-26 amending Subsections (b) and (c) and adding Subsection (d) to read
15-27 as follows:
16-1 (b) Except as provided by Subsection (c) or (d), an offense
16-2 under this section is a Class C misdemeanor.
16-3 (c) A violation of Subsection (a)(1) is a Class A
16-4 misdemeanor if it is shown on the trial of the offense that the
16-5 person intentionally failed to file the report on time.
16-6 (d) A violation of Subsection (a)(3) [(a)(2)] by a candidate
16-7 or officeholder is a Class A misdemeanor if the report fails to
16-8 include information required by Section 254.061(3) or Section
16-9 254.091(2), as applicable.
16-10 SECTION 10. Section 254.042(a), Election Code, is amended to
16-11 read as follows:
16-12 (a) The commission shall determine from any available
16-13 evidence whether a report, other than a telegram report under
16-14 Section 254.038, 254.0381, or 254.039, required to be filed with
16-15 the commission under this chapter is late. On making that
16-16 determination, the commission shall immediately mail a notice of
16-17 the determination to the person required to file the report.
16-18 SECTION 11. Section 254.061, Election Code, is amended to
16-19 read as follows:
16-20 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
16-21 to the contents required by Section 254.031, each report by a
16-22 candidate must include:
16-23 (1) the candidate's full name and address, the office
16-24 sought, and the identity and date of the election for which the
16-25 report is filed;
16-26 (2) the campaign treasurer's name, residence or
16-27 business street address, and telephone number;
17-1 (3) for each political committee from which the
17-2 candidate received notice under Section 254.128 or 254.161:
17-3 (A) the committee's full name and address;
17-4 (B) an indication of whether the committee is a
17-5 general-purpose committee or a specific-purpose committee; and
17-6 (C) the full name and address of the committee's
17-7 campaign treasurer;
17-8 (4) the full name and address of each individual
17-9 acting as a campaign treasurer of a political committee under
17-10 Section 253.062 from whom the candidate received notice under
17-11 Section 254.128 or 254.161; [and]
17-12 (5) for each coordinated contribution supporting the
17-13 candidate or opposing the candidate's opponent of which the
17-14 candidate receives notice under Section 254.1282 or 254.1612:
17-15 (A) the full name and address of the political
17-16 committee receiving the contribution;
17-17 (B) an indication of whether the committee
17-18 receiving the contribution is a general-purpose committee or a
17-19 specific-purpose committee;
17-20 (C) the full name and address of the committee's
17-21 campaign treasurer;
17-22 (D) the full name and address of the person
17-23 making the contribution;
17-24 (E) the date the contribution is received;
17-25 (F) the amount of the contribution; and
17-26 (G) an indication of whether the committee
17-27 accepted or refused the contribution;
18-1 (6) on a separate page or pages of the report, the
18-2 identification of any payment from political contributions made to
18-3 a business in which the candidate has a participating interest of
18-4 more than 10 percent, holds a position on the governing body of the
18-5 business, or serves as an officer of the business; and
18-6 (7) on a separate page or pages of the report, the
18-7 identification and amount of any executory contract between a
18-8 person making political contributions that in the aggregate exceed
18-9 $5,000 and that are accepted during the reporting period by the
18-10 candidate, or between a business entity in which a person described
18-11 by this subdivision has a substantial interest, and:
18-12 (A) a state agency, if the candidate is a
18-13 candidate for a statewide or district office other than an office
18-14 of district judge, district attorney, or criminal district
18-15 attorney;
18-16 (B) a state agency or the county in which the
18-17 candidate will serve, if the candidate is a candidate for an office
18-18 of district judge, district attorney, or criminal district
18-19 attorney; or
18-20 (C) the political subdivision served by the
18-21 office sought by the candidate, if the candidate seeks an office
18-22 other than an office described by Paragraph (A) or (B).
18-23 SECTION 12. Section 254.091, Election Code, is amended to
18-24 read as follows:
18-25 Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition
18-26 to the contents required by Section 254.031, each report by an
18-27 officeholder must include:
19-1 (1) the officeholder's full name and address and the
19-2 office held;
19-3 (2) for each political committee from which the
19-4 officeholder received notice under Section 254.128 or 254.161:
19-5 (A) the committee's full name and address;
19-6 (B) an indication of whether the committee is a
19-7 general-purpose committee or a specific-purpose committee; and
19-8 (C) the full name and address of the committee's
19-9 campaign treasurer; [and]
19-10 (3) for each coordinated contribution assisting the
19-11 officeholder of which the officeholder receives notice under
19-12 Section 254.1282 or 254.1612:
19-13 (A) the full name and address of the political
19-14 committee receiving the contribution;
19-15 (B) an indication of whether the committee
19-16 receiving the contribution is a general-purpose committee or a
19-17 specific-purpose committee;
19-18 (C) the full name and address of the committee's
19-19 campaign treasurer;
19-20 (D) the full name and address of the person
19-21 making the contribution;
19-22 (E) the date the contribution is received;
19-23 (F) the amount of the contribution; and
19-24 (G) an indication of whether the committee
19-25 accepted or refused the contribution;
19-26 (4) on a separate page or pages of the report, the
19-27 identification of any payment from political contributions made to
20-1 a business in which the officeholder has a participating interest
20-2 of more than 10 percent, holds a position on the governing body of
20-3 the business, or serves as an officer of the business; and
20-4 (5) on a separate page or pages of the report, the
20-5 identification and amount of any executory contract between a
20-6 person making political contributions that in the aggregate exceed
20-7 $5,000 and that are accepted during the reporting period by the
20-8 officeholder, or between a business entity in which a person
20-9 described by this subdivision has a substantial interest, and:
20-10 (A) a state agency, if the officeholder holds a
20-11 statewide or district office other than the office of district
20-12 judge, district attorney, or criminal district attorney;
20-13 (B) a state agency or the county in which the
20-14 officeholder serves, if the officeholder holds the office of
20-15 district judge, district attorney, or criminal district attorney;
20-16 or
20-17 (C) the political subdivision served by the
20-18 office held by the officeholder, if the officeholder holds an
20-19 office other than an office described by Paragraph (A) or (B).
20-20 SECTION 13. Section 254.121, Election Code, is amended to
20-21 read as follows:
20-22 Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. In addition
20-23 to the contents required by Section 254.031, each report by a
20-24 campaign treasurer of a specific-purpose committee must include:
20-25 (1) the committee's full name and address;
20-26 (2) the full name, residence or business street
20-27 address, and telephone number of the committee's campaign
21-1 treasurer;
21-2 (3) the identity and date of the election for which
21-3 the report is filed, if applicable;
21-4 (4) the name of each candidate and each measure
21-5 supported or opposed by the committee, indicating for each whether
21-6 the committee supports or opposes;
21-7 (5) the name of each officeholder assisted by the
21-8 committee;
21-9 (6) the amount of each political expenditure in the
21-10 form of a political contribution that is made to a candidate,
21-11 officeholder, or another political committee and that is returned
21-12 to the committee during the reporting period, the name of the
21-13 person to whom the expenditure was originally made, and the date it
21-14 is returned;
21-15 (7) on a separate page or pages of the report, the
21-16 identification of any payment from political contributions made to
21-17 a business in which a [the] candidate or officeholder supported or
21-18 assisted by the committee has a participating interest of more than
21-19 10 percent, holds a position on the governing body of the business,
21-20 or serves as an officer of the business; [and]
21-21 (8) on a separate page or pages of the report, the
21-22 identification of any contribution from a corporation or labor
21-23 organization made and accepted under Subchapter D, Chapter 253; and
21-24 (9) on a separate page or pages of the report, the
21-25 identification and amount of any executory contract between a
21-26 person making political contributions that in the aggregate exceed
21-27 $5,000 and that are accepted during the reporting period by the
22-1 committee, or between a business entity in which a person described
22-2 by this subdivision has a substantial interest, and:
22-3 (A) a state agency, if the committee supports or
22-4 assists a candidate for or holder of a statewide or district office
22-5 other than an office of district judge, district attorney, or
22-6 criminal district attorney;
22-7 (B) a state agency or the county in which the
22-8 officeholder serves, if the committee supports or assists a
22-9 candidate for or holder of an office of district judge, district
22-10 attorney, or criminal district attorney; or
22-11 (C) the political subdivision served by the
22-12 office sought by the candidate or held by the officeholder, if the
22-13 committee supports or assists a candidate for or holder of an
22-14 office other than an office described by Paragraph (A) or (B).
22-15 SECTION 14. Subchapter E, Chapter 254, Election Code, is
22-16 amended by adding Sections 254.1281 and 254.1282 to read as
22-17 follows:
22-18 Sec. 254.1281. NOTICE TO CANDIDATE AND OFFICEHOLDER RELATING
22-19 TO IN-KIND CONTRIBUTION. (a) If a specific-purpose committee
22-20 makes an in-kind political contribution to a candidate or
22-21 officeholder, the committee's campaign treasurer shall deliver
22-22 written notice of the amount of the contribution to the affected
22-23 candidate or officeholder not later than the end of the period
22-24 covered by the report in which the reportable activity occurs.
22-25 (b) The notice must include the full name and address of the
22-26 political committee and its campaign treasurer and an indication
22-27 that the committee is a specific-purpose committee.
23-1 (c) A campaign treasurer commits an offense if the campaign
23-2 treasurer fails to comply with this section. An offense under this
23-3 section is a Class A misdemeanor.
23-4 Sec. 254.1282. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
23-5 COORDINATED CONTRIBUTION. (a) Not later than the second day after
23-6 the date a specific-purpose committee receives a coordinated
23-7 contribution for supporting a candidate, opposing a candidate's
23-8 opponent, or assisting an officeholder, the committee's campaign
23-9 treasurer shall deliver written notice of that fact to the affected
23-10 candidate or officeholder.
23-11 (b) A notice under this section must include the full name
23-12 and address of the specific-purpose committee, the full name and
23-13 address of the person making the coordinated contribution, the
23-14 amount and date of the coordinated contribution, and an indication
23-15 of whether the committee accepted or refused the contribution.
23-16 SECTION 15. Section 254.151, Election Code, is amended to
23-17 read as follows:
23-18 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
23-19 to the contents required by Section 254.031, each report by a
23-20 campaign treasurer of a general-purpose committee must include:
23-21 (1) the committee's full name and address;
23-22 (2) the full name, residence or business street
23-23 address, and telephone number of the committee's campaign
23-24 treasurer;
23-25 (3) the identity and date of the election for which
23-26 the report is filed, if applicable;
23-27 (4) the name of each identified candidate or measure
24-1 or classification by party of candidates supported or opposed by
24-2 the committee, indicating whether the committee supports or opposes
24-3 each listed candidate, measure, or classification by party of
24-4 candidates;
24-5 (5) the name of each identified officeholder or
24-6 classification by party of officeholders assisted by the committee;
24-7 (6) the principal occupation of each person from whom
24-8 political contributions that in the aggregate exceed $100 [$50] are
24-9 accepted during the reporting period;
24-10 (7) the amount of each political expenditure in the
24-11 form of a political contribution made to a candidate, officeholder,
24-12 or another political committee that is returned to the committee
24-13 during the reporting period, the name of the person to whom the
24-14 expenditure was originally made, and the date it is returned; [and]
24-15 (8) the amount of each expenditure that exceeds $100
24-16 made by the committee during the reporting period for
24-17 administrative purposes; and
24-18 (9) on a separate page or pages of the report, the
24-19 identification of any contribution from a corporation or labor
24-20 organization made and accepted under Subchapter D, Chapter 253.
24-21 SECTION 16. Subchapter F, Chapter 254, Election Code, is
24-22 amended by adding Section 254.1511 to read as follows:
24-23 Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF
24-24 POLITICAL PARTY; ADDITIONAL CONTENTS. In addition to the contents
24-25 required by Sections 254.031 and 254.151, each report by the
24-26 principal political committee of the state executive committee of a
24-27 political party must include, for each candidate or officeholder
25-1 for whose benefit the principal political committee makes a
25-2 political contribution or political expenditure in the calendar
25-3 year:
25-4 (1) the total amount of political contributions made
25-5 during the calendar year to the candidate or officeholder or to
25-6 another political committee on behalf of the candidate or
25-7 officeholder; and
25-8 (2) the total amount of political expenditures made
25-9 during the calendar year for the benefit of the candidate or
25-10 officeholder.
25-11 SECTION 17. Subchapter F, Chapter 254, Election Code, is
25-12 amended by adding Sections 254.1611 and 254.1612 to read as
25-13 follows:
25-14 Sec. 254.1611. NOTICE TO CANDIDATE AND OFFICEHOLDER RELATING
25-15 TO IN-KIND CONTRIBUTION. If a general-purpose committee makes an
25-16 in-kind political contribution to a candidate or officeholder,
25-17 notice of the amount of the contribution shall be delivered to the
25-18 affected candidate or officeholder as provided by Section 254.1281
25-19 for a specific-purpose committee.
25-20 Sec. 254.1612. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
25-21 COORDINATED CONTRIBUTION. If a general-purpose committee receives
25-22 a coordinated contribution for supporting a candidate, opposing a
25-23 candidate's opponent, or assisting an officeholder, notice of that
25-24 fact shall be given to the affected candidate or officeholder as
25-25 provided by Section 254.1282 for a specific-purpose committee.
25-26 SECTION 18. Sections 251.005 and 253.032, Election Code, are
25-27 repealed.
26-1 SECTION 19. (a) Chapter 254, Election Code, as amended by
26-2 this Act, applies only to the reporting of a political contribution
26-3 accepted or political expenditure made on or after September 1,
26-4 2001. The reporting of a political contribution accepted or a
26-5 political expenditure made before that date is governed by the law
26-6 in effect at the time the contribution or expenditure was accepted
26-7 or made, and the former law is continued in effect for that
26-8 purpose.
26-9 (b) The change in law made by Section 9 of this Act applies
26-10 only to an offense under Section 254.041, Election Code, committed
26-11 on or after September 1, 2001. For the purposes of this section,
26-12 an offense is committed before September 1, 2001, if any element of
26-13 the offense occurs before that date.
26-14 (c) An offense committed under Section 254.041, Election
26-15 Code, before September 1, 2001, is covered by the law in effect
26-16 when the offense was committed, and the former law is continued in
26-17 effect for that purpose.
26-18 SECTION 20. This Act takes effect September 1, 2001.