By Madden H.B. No. 2433
77R2054 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reporting of legislative advertising; providing
1-3 criminal and civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Chapter 305, Government Code, is
1-6 amended to read as follows:
1-7 CHAPTER 305. REGISTRATION OF LOBBYISTS; LEGISLATIVE ADVERTISING
1-8 SECTION 2. Section 305.002, Government Code, is amended by
1-9 adding Subdivision (12) to read as follows:
1-10 (12) "Legislative advertising" means a communication
1-11 that supports, opposes, or proposes legislation and that:
1-12 (A) in return for consideration, is published in
1-13 a newspaper, magazine, or other periodical or is broadcast by radio
1-14 or television; or
1-15 (B) appears in a pamphlet, circular, flier,
1-16 billboard or other sign, bumper sticker, button, or similar form of
1-17 written communication.
1-18 SECTION 3. The heading to Subchapter B, Chapter 305,
1-19 Government Code, is amended to read as follows:
1-20 SUBCHAPTER B. PROHIBITED ACTIVITIES;
1-21 LEGISLATIVE ADVERTISING
1-22 SECTION 4. Subchapter B, Chapter 305, Government Code, is
1-23 amended by adding Section 305.028 to read as follows:
1-24 Sec. 305.028. REPORTS CONCERNING LEGISLATIVE ADVERTISING.
2-1 (a) In this section, "contribution" means a direct or indirect
2-2 transfer of money, goods, services, or any other thing of value
2-3 made with the intent that it be used in connection with political
2-4 activities, including influencing legislation or publishing,
2-5 broadcasting, or distributing legislative advertising. The term
2-6 includes an agreement made or other obligation incurred, whether
2-7 legally enforceable or not, to make a transfer. The term also
2-8 includes a loan or extension of credit and a guarantee of a loan or
2-9 extension of credit, other than a loan made in the due course of
2-10 business by a corporation that is legally engaged in the business
2-11 of lending money and that has conducted the business continuously
2-12 for more than one year before the loan is made.
2-13 (b) A person who sponsors legislative advertising during the
2-14 period beginning January 1 of a year and continuing through June 30
2-15 of that year shall file with the commission a written report
2-16 covering that period not later than July 15 of that year. A person
2-17 who sponsors legislative advertising during the period beginning
2-18 July 1 of a year and continuing through December 31 of that year
2-19 shall file with the commission a written report covering that
2-20 period not later than January 15 of the following year. For
2-21 purposes of this subsection, legislative advertising is sponsored
2-22 on the first date in a reporting period that:
2-23 (1) the advertisement is published or broadcast, in
2-24 the case of legislative advertising that is published or broadcast;
2-25 or
2-26 (2) the advertisement is distributed, in the case of
2-27 legislative advertising that appears in a pamphlet, circular,
3-1 flier, billboard or other sign, bumper sticker, button, or similar
3-2 form of written communication.
3-3 (c) Each report filed under this section must include:
3-4 (1) the name, address, and telephone number of the
3-5 person making the report;
3-6 (2) the name, address, and telephone number of the
3-7 individual signing the report and that individual's relationship to
3-8 the person making the report;
3-9 (3) a complete description of each piece of
3-10 legislative advertising sponsored by the person making the report,
3-11 including the dates on which the legislative advertising was
3-12 published, broadcast, or distributed;
3-13 (4) the amount of expenditures for legislative
3-14 advertising that in the aggregate exceed $100 and that are made
3-15 during the reporting period, the full name and address of the
3-16 persons to whom the expenditures are made, and the dates and
3-17 purposes of the expenditures;
3-18 (5) the total amount or a specific listing of the
3-19 expenditures for legislative advertising of $100 or less made
3-20 during the reporting period;
3-21 (6) the total amount of all expenditures for
3-22 legislative advertising made during the reporting period;
3-23 (7) the amount of contributions from each person that
3-24 in the aggregate exceed $100 and that are accepted during the
3-25 reporting period by the person required to file the report, the
3-26 full name, full address, and principal occupation of the person
3-27 making the contributions, and the dates of the contributions;
4-1 (8) the amount of contributions from each person that
4-2 in the aggregate exceed $100 and that were accepted during a
4-3 previous reporting period for which the person was not required to
4-4 file a report, the full name, full address, and principal
4-5 occupation of the person making the contributions, and the dates of
4-6 the contributions;
4-7 (9) the total amount or a specific listing of the
4-8 contributions of $100 or less accepted during the reporting period;
4-9 (10) the total amount or a specific listing of the
4-10 contributions of $100 or less accepted during a previous reporting
4-11 period for which the person was not required to file a report;
4-12 (11) the total amount of all contributions accepted
4-13 during the reporting period;
4-14 (12) the total amount or a specific listing of the
4-15 contributions of $100 or less accepted during a previous reporting
4-16 period for which the person was not required to file a report; and
4-17 (13) the total amount of all contributions accepted
4-18 during the reporting period or during a previous reporting period
4-19 for which the person was not required to file a report.
4-20 (d) A report under this section must be signed by an
4-21 individual authorized to file the report on behalf of the person
4-22 responsible for making the report.
4-23 (e) Each person required to file a report under this section
4-24 shall maintain a record of all reportable activity for at least two
4-25 years beginning on the filing deadline for the report containing
4-26 the information in the record.
4-27 (f) This section does not apply to an individual who, not
5-1 acting in concert with another person, sponsors legislative
5-2 advertising.
5-3 SECTION 5. Section 305.027(e), Government Code, is repealed.
5-4 SECTION 6. Section 305.028, Government Code, as added by
5-5 this Act, applies only to:
5-6 (1) legislative advertising, as defined by Section
5-7 305.002(12), Government Code, as added by this Act, that is
5-8 printed, published, or broadcast on or after January 1, 2002; and
5-9 (2) a contribution received on or after January 1,
5-10 2002, by a person who sponsors legislative advertising.
5-11 SECTION 7. This Act takes effect January 1, 2002.