77R10302 ESH-D
By Madden, Gallego, Danburg H.B. No. 2435
Substitute the following for H.B. No. 2435:
By Madden C.S.H.B. No. 2435
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain political contributions and
1-3 political expenditures.
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 adding Subdivision (21) to read as follows:
1-7 (21) "Principal political committee of a candidate or
1-8 officeholder" means a political committee established under Section
1-9 251.010 for supporting a candidate or assisting an officeholder.
1-10 SECTION 2. Subchapter A, Chapter 251, Election Code, is
1-11 amended by adding Sections 251.010 and 251.011 to read as follows:
1-12 Sec. 251.010. PRINCIPAL POLITICAL COMMITTEE. (a) A
1-13 candidate or officeholder shall designate in writing a political
1-14 committee to serve as the person's principal political committee.
1-15 (b) A designation under Subsection (a) must be:
1-16 (1) made not later than the 15th day after the date
1-17 the person becomes a candidate or officeholder; and
1-18 (2) filed with the authority with whom the committee's
1-19 campaign treasurer appointment is required to be filed.
1-20 (c) The name of a principal political committee must include
1-21 the candidate's or officeholder's name.
1-22 (d) A candidate or officeholder may not have more than one
1-23 principal political committee at a time. A person who is both a
1-24 candidate and an officeholder may not have more than one principal
2-1 political committee. A candidate who becomes an officeholder is
2-2 not required to designate a new principal political committee.
2-3 (e) A prohibition or restriction imposed by this title on a
2-4 candidate or officeholder applies to the principal political
2-5 committee of a candidate or officeholder.
2-6 Sec. 251.011. LIABILITY OF CANDIDATE FOR ACT OR OMISSION OF
2-7 PRINCIPAL POLITICAL COMMITTEE. A candidate or officeholder is
2-8 civilly liable for an act or omission by the person's principal
2-9 political committee in connection with a requirement or prohibition
2-10 prescribed by this title only if the person authorized, requested,
2-11 commanded, performed, or recklessly or negligently tolerated the
2-12 act or omission.
2-13 SECTION 3. Sections 252.001, 252.0032, and 252.005, Election
2-14 Code, are amended to read as follows:
2-15 Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED.
2-16 Each [candidate and each] political committee shall appoint a
2-17 campaign treasurer as provided by this chapter.
2-18 Sec. 252.0032. CONTENTS OF APPOINTMENT BY PRINCIPAL
2-19 POLITICAL COMMITTEE [CANDIDATE]. (a) In addition to the
2-20 information required by Section 252.002, a campaign treasurer
2-21 appointment by a principal political committee of a candidate or
2-22 officeholder [candidate] must include:
2-23 (1) the candidate's or officeholder's telephone
2-24 number; and
2-25 (2) a statement, signed by the candidate or
2-26 officeholder, that the candidate or officeholder is aware of the
2-27 nepotism law, Chapter 573, Government Code.
3-1 (b) A campaign treasurer appointment that is filed in a
3-2 manner other than by use of an officially prescribed form is not
3-3 invalid because it fails to comply with Subsection (a)(2).
3-4 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
3-5 PRINCIPAL POLITICAL COMMITTEE OF CANDIDATE OR OFFICEHOLDER. A
3-6 principal political committee of a candidate or officeholder [An
3-7 individual] must file a campaign treasurer appointment [for the
3-8 individual's own candidacy] with:
3-9 (1) the commission, if the appointment is made by the
3-10 principal political committee of a candidate for or holder of [for
3-11 candidacy for]:
3-12 (A) a statewide office;
3-13 (B) a district office filled by voters of more
3-14 than one county;
3-15 (C) a judicial district office filled by voters
3-16 of only one county;
3-17 (D) the office of state senator;
3-18 (E) the office of state representative; or
3-19 (F) the office of member, State Board of
3-20 Education;
3-21 (2) the county clerk, if the appointment is made by
3-22 the principal political committee of a candidate for or holder of
3-23 [for candidacy for] a county office, a precinct office, or a
3-24 district office other than one included in Subdivision (1);
3-25 (3) the clerk or secretary of the governing body of
3-26 the political subdivision or, if the political subdivision has no
3-27 clerk or secretary, with the governing body's presiding officer, if
4-1 the appointment is made by the principal political committee of a
4-2 candidate for or holder of [for candidacy for] an office of a
4-3 political subdivision other than a county;
4-4 (4) the county clerk if:
4-5 (A) the appointment is made by the principal
4-6 political committee of a candidate for or holder of [for candidacy
4-7 for] an office of a political subdivision other than a county;
4-8 (B) the governing body for the political
4-9 subdivision has not been formed; and
4-10 (C) no boundary of the political subdivision
4-11 crosses a boundary of the county; or
4-12 (5) the commission if:
4-13 (A) the appointment is made by the principal
4-14 political committee of a candidate for or holder of [for candidacy
4-15 for] an office of a political subdivision other than a county;
4-16 (B) the governing body for the political
4-17 subdivision has not been formed; and
4-18 (C) the political subdivision is situated in
4-19 more than one county.
4-20 SECTION 4. Section 252.010(a), Election Code, is amended to
4-21 read as follows:
4-22 (a) If a candidate whose principal political committee [who]
4-23 has filed a campaign treasurer appointment decides to seek a
4-24 different office that would require the appointment to be filed
4-25 with another authority, a copy of the appointment certified by the
4-26 authority with whom it was originally filed must be filed with the
4-27 other authority in addition to the new campaign treasurer
5-1 appointment.
5-2 SECTION 5. Section 252.015(a), Election Code, is amended to
5-3 read as follows:
5-4 (a) Each principal political committee of a candidate for or
5-5 holder of an office specified by Section 252.005(1), each
5-6 specific-purpose committee for supporting or opposing a candidate
5-7 for an office specified by Section 252.005(1) or a statewide or
5-8 district measure, and each general-purpose committee may appoint an
5-9 assistant campaign treasurer by written appointment filed with the
5-10 commission.
5-11 SECTION 6. Section 253.002(b), Election Code, is amended to
5-12 read as follows:
5-13 (b) This section does not apply to:
5-14 (1) an individual making an expenditure authorized by
5-15 Subchapter C;
5-16 (2) a corporation or labor organization making an
5-17 expenditure authorized by Subchapter D;
5-18 (3) [a candidate making or authorizing an expenditure
5-19 for the candidate's own election;]
5-20 [(4)] a political committee; or
5-21 (4) [(5)] a campaign treasurer or assistant campaign
5-22 treasurer acting in an official capacity.
5-23 SECTION 7. Section 253.031(a), Election Code, is amended to
5-24 read as follows:
5-25 (a) A candidate or officeholder may not knowingly accept a
5-26 campaign contribution as authorized by Section 253.0311 or make or
5-27 authorize a campaign expenditure as authorized by Section 253.0312
6-1 at a time when a campaign treasurer appointment for the principal
6-2 political committee of the candidate or officeholder is not in
6-3 effect.
6-4 SECTION 8. Subchapter B, Chapter 253, Election Code, is
6-5 amended by adding Sections 253.0311 and 253.0312 to read as
6-6 follows:
6-7 Sec. 253.0311. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
6-8 CANDIDATE OR OFFICEHOLDER. A candidate or officeholder may accept a
6-9 political contribution in connection with the person's own
6-10 candidacy or office only on behalf of the person's principal
6-11 political committee. A candidate or officeholder may not knowingly
6-12 accept a political contribution if the person's principal political
6-13 committee would itself be prohibited from accepting the
6-14 contribution.
6-15 Sec. 253.0312. CONTRIBUTION OR EXPENDITURE BY CANDIDATE OR
6-16 OFFICEHOLDER FROM PERSONAL FUNDS. A candidate or officeholder may
6-17 make a political contribution or political expenditure from the
6-18 person's personal funds in connection with the person's own
6-19 candidacy or office only by making a political contribution to the
6-20 person's principal political committee.
6-21 SECTION 9. Section 253.033(a), Election Code, is amended to
6-22 read as follows:
6-23 (a) The principal political committee of a [A] candidate
6-24 or[,] officeholder[,] or a specific-purpose committee may not
6-25 knowingly accept from a contributor in a reporting period political
6-26 contributions in cash that in the aggregate exceed $100.
6-27 SECTION 10. Sections 253.034(a)-(c), Election Code, are
7-1 amended to read as follows:
7-2 (a) During the period beginning on the 30th day before the
7-3 date a regular legislative session convenes and continuing through
7-4 the day of final adjournment, a person may not knowingly make a
7-5 political contribution to:
7-6 (1) the principal political committee of a statewide
7-7 officeholder;
7-8 (2) the principal political committee of a member of
7-9 the legislature; or
7-10 (3) a specific-purpose committee for supporting,
7-11 opposing, or assisting a statewide officeholder or member of the
7-12 legislature.
7-13 (b) The principal political committee of a [A] statewide
7-14 officeholder or of[,] a member of the legislature[,] or a
7-15 specific-purpose committee for supporting, opposing, or assisting a
7-16 statewide officeholder or member of the legislature may not
7-17 knowingly accept a political contribution, and shall refuse a
7-18 political contribution that is received, during the period
7-19 prescribed by Subsection (a). A political contribution that is
7-20 received and refused during that period shall be returned to the
7-21 contributor not later than the 30th day after the date of receipt.
7-22 A contribution made by mail is not considered received during that
7-23 period if it was placed with postage prepaid and properly addressed
7-24 in the United States mail before the beginning of the period. The
7-25 date indicated by the post office cancellation mark is considered
7-26 to be the date the contribution was placed in the mail unless
7-27 proven otherwise.
8-1 (c) This section does not apply to a political contribution
8-2 that was made and accepted with the intent that it be used:
8-3 (1) in an election held or ordered during the period
8-4 prescribed by Subsection (a) in which the person on whose behalf
8-5 [accepting] the contribution is accepted is a candidate if the
8-6 contribution was made after the person's principal political
8-7 committee filed [person appointed] a campaign treasurer appointment
8-8 [with the appropriate authority] and before the person was sworn in
8-9 for that office;
8-10 (2) to defray expenses incurred in connection with an
8-11 election contest; or
8-12 (3) by the principal political committee of a person
8-13 who holds a statewide [state] office or of a member of the
8-14 legislature if the person or member was defeated at the general
8-15 election held immediately before the session is convened or by a
8-16 specific-purpose political committee that supports or assists only
8-17 that person or member.
8-18 SECTION 11. Sections 253.035(b), (g), and (h), Election Code,
8-19 are amended to read as follows:
8-20 (b) A principal political committee of a candidate or
8-21 officeholder or specific-purpose committee that accepts a political
8-22 contribution may not convert the contribution to the personal use
8-23 of a candidate, officeholder, or former candidate or officeholder.
8-24 (g) A principal political committee of a candidate or
8-25 officeholder or specific-purpose committee that converts a
8-26 political contribution to the personal use of a candidate,
8-27 officeholder, or former candidate or officeholder in violation of
9-1 this section is civilly liable to the state for an amount equal to
9-2 the amount of the converted contribution plus reasonable court
9-3 costs.
9-4 (h) Except as provided by Section 253.0351, [or] 253.042, or
9-5 253.162, a candidate or officeholder who makes political
9-6 expenditures from the candidate's or officeholder's personal funds
9-7 may reimburse those personal funds from political contributions in
9-8 the amount of those expenditures only if:
9-9 (1) the expenditures from personal funds were fully
9-10 reported as political expenditures, including the payees, dates,
9-11 purposes, and amounts of the expenditures, in the report required
9-12 to be filed under this title that covers the period in which the
9-13 expenditures from personal funds were made; and
9-14 (2) the report on which the expenditures from personal
9-15 funds are disclosed clearly designates those expenditures as having
9-16 been made from the person's personal funds and that the
9-17 expenditures are subject to reimbursement.
9-18 SECTION 12. Section 253.038(a), Election Code, is amended to
9-19 read as follows:
9-20 (a) A candidate or officeholder, the principal political
9-21 committee of a candidate or officeholder, or a specific-purpose
9-22 committee for supporting, opposing, or assisting the candidate or
9-23 officeholder may not knowingly make or authorize a payment from a
9-24 political contribution to purchase real property or to pay the
9-25 interest on or principal of a note for the purchase of real
9-26 property.
9-27 SECTION 13. Section 253.041(a), Election Code, is amended to
10-1 read as follows:
10-2 (a) A candidate or officeholder, the principal political
10-3 committee of the candidate or officeholder, or a specific-purpose
10-4 committee for supporting, opposing, or assisting the candidate or
10-5 officeholder may not knowingly make or authorize a payment from a
10-6 political contribution if the payment is made for personal services
10-7 rendered by the candidate or officeholder or by the spouse or
10-8 dependent child of the candidate or officeholder to:
10-9 (1) a business in which the candidate or officeholder
10-10 has a participating interest of more than 10 percent, holds a
10-11 position on the governing body of the business, or serves as an
10-12 officer of the business; or
10-13 (2) the candidate or officeholder or the spouse or
10-14 dependent child of the candidate or officeholder.
10-15 SECTION 14. Sections 253.042(a), (b), and (e), Election Code,
10-16 are amended to read as follows:
10-17 (a) A candidate or officeholder who makes political
10-18 contributions to the candidate's or officeholder's principal
10-19 political committee [expenditures] from the candidate's or
10-20 officeholder's personal funds may not reimburse those personal
10-21 funds from political contributions in amounts that in the aggregate
10-22 exceed the following amounts for each election in which the
10-23 person's name appears on the ballot:
10-24 (1) for a statewide office other than governor,
10-25 $250,000; and
10-26 (2) for governor, $500,000.
10-27 (b) A principal political committee of a candidate or
11-1 officeholder that [candidate or officeholder who] accepts one or
11-2 more political contributions in the form of loans, including an
11-3 extension of credit or a guarantee of a loan or extension of
11-4 credit, from one or more persons related within the second degree
11-5 by consanguinity or affinity, as determined under Chapter 573,
11-6 Government Code, to the candidate or officeholder the committee
11-7 supports or assists [within the second degree by affinity or
11-8 consanguinity] may not use political contributions to repay the
11-9 loans in amounts that in the aggregate exceed the amount prescribed
11-10 by Subsection (a).
11-11 (e) This section does not prohibit the payment of interest
11-12 on loans covered by this section at a commercially reasonable rate,
11-13 except that interest on loans from a candidate's or officeholder's
11-14 personal funds or on loans from the personal funds of any person
11-15 related to the candidate or officeholder within the second degree
11-16 by affinity or consanguinity, as determined under Chapter 573,
11-17 Government Code, is included in the amount prescribed by Subsection
11-18 (a), (b), or (c).
11-19 SECTION 15. The heading to Section 253.131, Election Code, is
11-20 amended to read as follows:
11-21 Sec. 253.131. LIABILITY TO PRINCIPAL POLITICAL COMMITTEES
11-22 [CANDIDATES]
11-23 SECTION 16. Sections 253.131(b) and (c), Election Code, are
11-24 amended to read as follows:
11-25 (b) If the contribution or expenditure is in support of a
11-26 candidate, the principal political committee of each opposing
11-27 candidate whose name appears on the ballot is entitled to recover
12-1 damages under this section.
12-2 (c) If the contribution or expenditure is in opposition to a
12-3 candidate, the candidate's principal political committee
12-4 [candidate] is entitled to recover damages under this section.
12-5 SECTION 17. Sections 253.153(a) and (c), Election Code, are
12-6 amended to read as follows:
12-7 (a) The principal political committee of a [A] judicial
12-8 candidate or officeholder, a specific-purpose committee for
12-9 supporting or opposing a judicial candidate, or a specific-purpose
12-10 committee for assisting a judicial officeholder may not knowingly
12-11 accept a political contribution except during the period:
12-12 (1) beginning on:
12-13 (A) the 210th day before the date an application
12-14 for a place on the ballot or for nomination by convention for the
12-15 office is required to be filed, if the election is for a full term;
12-16 or
12-17 (B) the later of the 210th day before the date
12-18 an application for a place on the ballot or for nomination by
12-19 convention for the office is required to be filed or the date a
12-20 vacancy in the office occurs, if the election is for an unexpired
12-21 term; and
12-22 (2) ending on the 120th day after the date of:
12-23 (A) the general election for state and county
12-24 officers, if the candidate or officeholder has an opponent in the
12-25 general election;
12-26 (B) except as provided by Subsection (c), the
12-27 runoff primary election, if the candidate or officeholder is a
13-1 candidate in the runoff primary election and does not have an
13-2 opponent in the general election; or
13-3 (C) except as provided by Subsection (c), the
13-4 general primary election, if the candidate or officeholder is not a
13-5 candidate in the runoff primary election and does not have an
13-6 opponent in the general election.
13-7 (c) Notwithstanding Subsection (a)(2), the principal
13-8 political committee of a judicial candidate who does not have an
13-9 opponent whose name will appear on the ballot or a specific-purpose
13-10 committee for supporting such a candidate may accept a political
13-11 contribution after another person files a declaration of write-in
13-12 candidacy opposing the candidate.
13-13 SECTION 18. Section 253.154(a), Election Code, is amended to
13-14 read as follows:
13-15 (a) The principal political committee of a [A] write-in
13-16 candidate for judicial office or a specific-purpose committee for
13-17 supporting a write-in candidate for judicial office may not
13-18 knowingly accept a political contribution before the candidate
13-19 files a declaration of write-in candidacy.
13-20 SECTION 19. Section 253.1541(b), Election Code, is amended to
13-21 read as follows:
13-22 (b) Notwithstanding Section 253.153, the principal political
13-23 committee of a person to whom this section applies may accept
13-24 officeholder contributions beginning on the date the person assumes
13-25 the duties of office and ending on the 60th day after that date.
13-26 SECTION 20. Section 253.155(a), Election Code, is amended to
13-27 read as follows:
14-1 (a) Except as provided by Subsection (c), the principal
14-2 political committee of a judicial candidate or officeholder may not
14-3 knowingly accept political contributions from a person that in the
14-4 aggregate exceed the limits prescribed by Subsection (b) in
14-5 connection with each election in which the person is involved.
14-6 SECTION 21. Sections 253.157(a)-(c), Election Code, are
14-7 amended to read as follows:
14-8 (a) The principal political committee of a [A] judicial
14-9 candidate or officeholder or a specific-purpose committee for
14-10 supporting or opposing a judicial candidate may not accept a
14-11 political contribution in excess of $50 from a person if:
14-12 (1) the person is a law firm, a member of a law firm,
14-13 or a general-purpose committee established or controlled by a law
14-14 firm; and
14-15 (2) the contribution when aggregated with all
14-16 political contributions accepted by the [candidate, officeholder,
14-17 or] committee from the law firm, other members of the law firm, or
14-18 a general-purpose committee established or controlled by the law
14-19 firm in connection with the election would exceed six times the
14-20 applicable contribution limit under Section 253.155.
14-21 (b) A political committee that [person who] receives a
14-22 political contribution that violates Subsection (a) shall return
14-23 the contribution to the contributor not later than the later of:
14-24 (1) the last day of the reporting period in which the
14-25 contribution is received; or
14-26 (2) the fifth day after the date the contribution is
14-27 received.
15-1 (c) A political committee that [person who] fails to return
15-2 a political contribution as required by Subsection (b) is liable
15-3 for a civil penalty not to exceed three times the total amount of
15-4 political contributions accepted from the law firm, members of the
15-5 law firm, or general-purpose committees established or controlled
15-6 by the law firm in connection with the election.
15-7 SECTION 22. Sections 253.160(a) and (b), Election Code, are
15-8 amended to read as follows:
15-9 (a) The principal political committee of a [A] judicial
15-10 candidate or officeholder or a specific-purpose committee for
15-11 supporting or opposing a judicial candidate or assisting a judicial
15-12 officeholder may not knowingly accept a political contribution from
15-13 a general-purpose committee that, when aggregated with each other
15-14 political contribution from a general-purpose committee in
15-15 connection with an election, exceeds 15 percent of the applicable
15-16 limit on expenditures prescribed by Section 253.168, regardless of
15-17 whether the limit on expenditures is suspended.
15-18 (b) A political committee that [person who] receives a
15-19 political contribution that violates Subsection (a) shall return
15-20 the contribution to the contributor not later than the later of:
15-21 (1) the last day of the reporting period in which the
15-22 contribution is received; or
15-23 (2) the fifth day after the date the contribution is
15-24 received.
15-25 SECTION 23. Section 253.1601, Election Code, is amended to
15-26 read as follows:
15-27 Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
16-1 CONTRIBUTION TO PRINCIPAL POLITICAL COMMITTEE [CANDIDATE]. For
16-2 purposes of Sections 253.155, 253.157, and 253.160, a contribution
16-3 to a specific-purpose committee for the purpose of supporting a
16-4 judicial candidate, opposing the candidate's opponent, or assisting
16-5 the candidate as an officeholder is considered to be a contribution
16-6 to the principal political committee of the judicial candidate or
16-7 officeholder the specific-purpose committee supports or assists.
16-8 SECTION 24. Sections 253.161(a)-(c), Election Code, are
16-9 amended to read as follows:
16-10 (a) The principal political committee of a [A] judicial
16-11 candidate or officeholder, a specific-purpose committee for
16-12 supporting or opposing a judicial candidate, or a specific-purpose
16-13 committee for assisting a judicial officeholder may not use a
16-14 political contribution to make a campaign expenditure for judicial
16-15 office or to make an officeholder expenditure in connection with a
16-16 judicial office if the contribution was accepted while the
16-17 candidate or officeholder:
16-18 (1) was a candidate for an office other than a
16-19 judicial office; or
16-20 (2) held an office other than a judicial office,
16-21 unless the person had become a candidate for judicial office.
16-22 (b) The principal political committee of a [A] candidate
16-23 or[,] officeholder[,] or a specific-purpose committee for
16-24 supporting, opposing, or assisting a [the] candidate or
16-25 officeholder may not use a political contribution to make a
16-26 campaign expenditure for an office other than a judicial office or
16-27 to make an officeholder expenditure in connection with an office
17-1 other than a judicial office if the contribution was accepted while
17-2 the candidate or officeholder:
17-3 (1) was a candidate for a judicial office; or
17-4 (2) held a judicial office, unless the person had
17-5 become a candidate for another office.
17-6 (c) This section does not prohibit the principal political
17-7 committee of a candidate or officeholder from making a political
17-8 contribution to the principal political committee of another
17-9 candidate or officeholder.
17-10 SECTION 25. Sections 253.1611(a)-(d), Election Code, are
17-11 amended to read as follows:
17-12 (a) The principal political committee of a [A] judicial
17-13 candidate or officeholder or a specific-purpose committee for
17-14 supporting or opposing a judicial candidate or assisting a judicial
17-15 officeholder may not use a political contribution to make political
17-16 contributions that in the aggregate exceed $100 in a calendar year
17-17 to the principal political committee of a candidate or
17-18 officeholder.
17-19 (b) The principal political committee of a [A] judicial
17-20 candidate or a specific-purpose committee for supporting or
17-21 opposing a judicial candidate may not use a political contribution
17-22 to make political contributions to a political committee in
17-23 connection with a primary election.
17-24 (c) The principal political committee of a [A] judicial
17-25 candidate or a specific-purpose committee for supporting or
17-26 opposing a judicial candidate may not use a political contribution
17-27 to make a political contribution to a political committee that,
18-1 when aggregated with each other political contribution to a
18-2 political committee in connection with a general election, exceeds
18-3 $500.
18-4 (d) The principal political committee of a [A] judicial
18-5 officeholder or a specific-purpose committee for assisting a
18-6 judicial officeholder may not use a political contribution to make
18-7 a political contribution to a political committee in any calendar
18-8 year in which the office held is not on the ballot.
18-9 SECTION 26. Sections 253.162(a) and (b), Election Code, are
18-10 amended to read as follows:
18-11 (a) A judicial candidate or officeholder who makes political
18-12 contributions to the person's principal political committee
18-13 [expenditures] from the person's personal funds may not reimburse
18-14 the personal funds from political contributions in amounts that in
18-15 the aggregate exceed, for each election in which the person's name
18-16 appears on the ballot:
18-17 (1) for a statewide judicial office, $100,000; or
18-18 (2) for an office other than a statewide judicial
18-19 office, five times the applicable contribution limit under Section
18-20 253.155.
18-21 (b) A principal political committee of a [A] judicial
18-22 candidate or officeholder that [who] accepts one or more political
18-23 contributions in the form of loans, including an extension of
18-24 credit or a guarantee of a loan or extension of credit, from one or
18-25 more persons related to the candidate or officeholder within the
18-26 second degree by consanguinity, as determined under [Subchapter B,]
18-27 Chapter 573, Government Code, may not use political contributions
19-1 to repay the loans.
19-2 SECTION 27. Sections 253.163(a), (b), and (d), Election Code,
19-3 are amended to read as follows:
19-4 (a) A person other than the principal political committee of
19-5 a judicial candidate or[,] officeholder[,] or the principal
19-6 political committee of the state executive committee or a county
19-7 executive committee of a political party may not make political
19-8 expenditures that in the aggregate exceed $5,000 for the purpose of
19-9 supporting or opposing a candidate for an office other than a
19-10 statewide judicial office or assisting such a candidate as an
19-11 officeholder unless the person files with the authority with whom a
19-12 campaign treasurer appointment by the principal political committee
19-13 of a candidate for the office is required to be filed a written
19-14 declaration of the person's intent to make expenditures that exceed
19-15 the limit prescribed by this subsection.
19-16 (b) A person other than the principal political committee of
19-17 a judicial candidate or[,] officeholder[,] or the principal
19-18 political committee of the state executive committee or a county
19-19 executive committee of a political party may not make political
19-20 expenditures that in the aggregate exceed $25,000 for the purpose
19-21 of supporting or opposing a candidate for a statewide judicial
19-22 office or assisting such a candidate as an officeholder unless the
19-23 person files with the commission a written declaration of the
19-24 person's intent to make expenditures that exceed the limit
19-25 prescribed by this subsection.
19-26 (d) A declaration received under Subsection (a) or (b)
19-27 shall be filed with the records of the principal political
20-1 committee of each judicial candidate or officeholder on whose
20-2 behalf the person filing the declaration intends to make political
20-3 expenditures. If the person intends to make only political
20-4 expenditures opposing a judicial candidate, the declaration shall
20-5 be filed with the records of the principal political committee of
20-6 each candidate for the office.
20-7 SECTION 28. Sections 253.164(a)-(c), Election Code, are
20-8 amended to read as follows:
20-9 (a) When a person becomes a candidate for a judicial office,
20-10 the person shall file with the authority with whom the candidate's
20-11 principal political committee is required to file its campaign
20-12 treasurer appointment [is required to be filed]:
20-13 (1) a sworn declaration of compliance stating that the
20-14 person voluntarily agrees to comply with the limits on expenditures
20-15 prescribed by this subchapter; or
20-16 (2) a written declaration of the person's intent to
20-17 make expenditures that exceed the limits prescribed by this
20-18 subchapter.
20-19 (b) The limits on contributions and on reimbursement of
20-20 personal funds prescribed by this subchapter apply to complying
20-21 candidates and their principal political committees unless
20-22 suspended as provided by Section 253.165 or 253.170. The limits on
20-23 contributions and on reimbursement of personal funds prescribed by
20-24 this subchapter apply to noncomplying candidates and their
20-25 principal political committees regardless of whether the limits on
20-26 contributions, expenditures, and reimbursement of personal funds
20-27 are suspended with respect to [for] complying candidates.
21-1 (c) The principal political committee of a [A] judicial
21-2 candidate may not knowingly accept a campaign contribution or make
21-3 or authorize a campaign expenditure before the candidate files a
21-4 declaration under Subsection (a).
21-5 SECTION 29. Sections 253.165(a), (b), and (e), Election Code,
21-6 are amended to read as follows:
21-7 (a) The principal political committee of a [A] complying
21-8 candidate or a specific-purpose committee for supporting a
21-9 complying candidate is not required to comply with the limits on
21-10 contributions, expenditures, and the reimbursement of personal
21-11 funds prescribed by this subchapter if another person becomes a
21-12 candidate for the same office and:
21-13 (1) files a declaration of intent to exceed the limits
21-14 on expenditures under Section 253.164(a)(2);
21-15 (2) fails to file a declaration of compliance under
21-16 Section 253.164(a)(1) or a declaration of intent under Section
21-17 253.164(a)(2);
21-18 (3) files a declaration of compliance under Section
21-19 253.164(a)(1) but later exceeds the limits on expenditures; or
21-20 (4) violates Section 253.173 or 253.174.
21-21 (b) The executive director of the commission shall issue an
21-22 order suspending the limits on contributions and expenditures for a
21-23 specific office not later than the fifth day after the date the
21-24 executive director determines that:
21-25 (1) a person has become a candidate for that office
21-26 and:
21-27 (A) has filed a declaration of intent to exceed
22-1 the limits on expenditures under Section 253.164(a)(2); or
22-2 (B) has failed to file a declaration of
22-3 compliance under Section 253.164(a)(1) or a declaration of intent
22-4 under Section 253.164(a)(2);
22-5 (2) the principal political committee of a complying
22-6 candidate for that office has exceeded the limit on expenditures
22-7 prescribed by this subchapter; or
22-8 (3) a candidate for that office has violated Section
22-9 253.173 or 253.174.
22-10 (e) A county clerk who receives a written allegation that
22-11 the principal political committee of a complying candidate has
22-12 exceeded the limit on expenditures or that a candidate has engaged
22-13 in conduct prohibited by Section 253.173 or 253.174 shall deliver a
22-14 copy of the allegation to the executive director of the commission
22-15 not later than the fifth day after the date the county clerk
22-16 receives the allegation. The county clerk shall, at no cost to the
22-17 commission, deliver to the executive director by mail or telephonic
22-18 facsimile machine copies of documents relevant to the allegation
22-19 not later than 48 hours after the executive director requests the
22-20 documents.
22-21 SECTION 30. Section 253.168(a), Election Code, is amended to
22-22 read as follows:
22-23 (a) For each election in which the candidate is involved,
22-24 the principal political committee of a complying candidate may not
22-25 knowingly make or authorize political expenditures that in the
22-26 aggregate exceed:
22-27 (1) for a statewide judicial office, $2 million;
23-1 (2) for the office of chief justice or justice, court
23-2 of appeals:
23-3 (A) $500,000, if the population of the judicial
23-4 district is more than one million; or
23-5 (B) $350,000, if the population of the judicial
23-6 district is one million or less; or
23-7 (3) for an office other than an office covered by
23-8 Subdivision (1) or (2):
23-9 (A) $350,000, if the population of the judicial
23-10 district is more than one million;
23-11 (B) $200,000, if the population of the judicial
23-12 district is 250,000 to one million; or
23-13 (C) $100,000, if the population of the judicial
23-14 district is less than 250,000.
23-15 SECTION 31. Section 253.169, Election Code, is amended to
23-16 read as follows:
23-17 Sec. 253.169. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
23-18 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.168, an
23-19 expenditure by a specific-purpose committee for the purpose of
23-20 supporting a candidate, opposing the candidate's opponent, or
23-21 assisting the candidate as an officeholder is considered to be an
23-22 expenditure by the principal political committee of the candidate
23-23 unless the candidate, in an affidavit filed with the authority with
23-24 whom the candidate's principal political committee is required to
23-25 file its campaign treasurer appointment [is required to be filed],
23-26 states that the candidate's campaign, including the candidate, an
23-27 aide to the candidate, a campaign officer, or a campaign consultant
24-1 of the candidate, has not directly or indirectly communicated with
24-2 the specific-purpose committee in regard to a strategic matter,
24-3 including polling data, advertising, or voter demographics, in
24-4 connection with the candidate's campaign.
24-5 (b) This section applies only to an expenditure of which the
24-6 principal political committee of the candidate or officeholder has
24-7 notice.
24-8 (c) An affidavit under this section shall be filed with the
24-9 next report the principal political committee of the candidate or
24-10 officeholder is required to file under Chapter 254 following the
24-11 receipt of notice of the expenditure.
24-12 SECTION 32. Sections 253.170(a) and (b), Election Code, are
24-13 amended to read as follows:
24-14 (a) A complying candidate for an office other than a
24-15 statewide judicial office and the candidate's principal political
24-16 committee are or a specific-purpose committee for supporting such a
24-17 candidate is not required to comply with the limits on
24-18 contributions, expenditures, and the reimbursement of personal
24-19 funds prescribed by this subchapter if a person other than the
24-20 candidate's opponent or the principal political committee of the
24-21 state executive committee or a county executive committee of a
24-22 political party makes political expenditures that in the aggregate
24-23 exceed $5,000 for the purpose of supporting the candidate's
24-24 opponent, opposing the candidate, or assisting the candidate's
24-25 opponent as an officeholder.
24-26 (b) The principal political committee of a [A] complying
24-27 candidate for a statewide judicial office or a specific-purpose
25-1 committee for supporting such a candidate is not required to comply
25-2 with the limits on contributions, expenditures, and the
25-3 reimbursement of personal funds prescribed by this subchapter if a
25-4 person other than the principal political committee of the
25-5 candidate's opponent or the principal political committee of the
25-6 state executive committee or a county executive committee of a
25-7 political party makes political expenditures that in the aggregate
25-8 exceed $25,000 for the purpose of supporting the candidate's
25-9 opponent, opposing the candidate, or assisting the candidate's
25-10 opponent as an officeholder.
25-11 SECTION 33. Section 253.171(a), Election Code, is amended to
25-12 read as follows:
25-13 (a) Except as provided by Subsection (b), a political
25-14 contribution to the principal political committee of a complying
25-15 candidate or a direct campaign expenditure on behalf of a complying
25-16 candidate that is made by the principal political committee of the
25-17 state executive committee or a county executive committee of a
25-18 political party is considered to be a political expenditure by the
25-19 principal political committee of the candidate for purposes of the
25-20 expenditure limits prescribed by Section 253.168.
25-21 SECTION 34. Section 253.172(a), Election Code, is amended to
25-22 read as follows:
25-23 (a) The principal political committee of a [A] candidate who
25-24 files a declaration of compliance under Section 253.164(a)(1) and
25-25 who later files a declaration of intent to exceed the limits on
25-26 expenditures under Section 253.164(a)(2) or a specific-purpose
25-27 committee for supporting such a candidate may not make a political
26-1 expenditure that causes the person to exceed the applicable limit
26-2 on expenditures prescribed by Section 253.168 before the 60th day
26-3 after the date the candidate files the declaration of intent to
26-4 exceed the limits on expenditures.
26-5 SECTION 35. Section 254.001, Election Code, is amended to
26-6 read as follows:
26-7 Sec. 254.001. RECORDKEEPING REQUIRED. (a) [Each candidate
26-8 and each officeholder shall maintain a record of all reportable
26-9 activity.]
26-10 [(b)] Each campaign treasurer of a political committee shall
26-11 maintain a record of all reportable activity.
26-12 (b) [(c)] The record must contain the information that is
26-13 necessary for filing the reports required by this chapter.
26-14 (c) [(d)] A person required to maintain a record under this
26-15 section shall preserve the record for at least two years beginning
26-16 on the filing deadline for the report containing the information in
26-17 the record.
26-18 (d) [(e)] A person who violates this section commits an
26-19 offense. An offense under this section is a Class B misdemeanor.
26-20 SECTION 36. Section 254.031(a), Election Code, is amended to
26-21 read as follows:
26-22 (a) Except as otherwise provided by this chapter, each
26-23 report filed under this chapter must include:
26-24 (1) the amount of political contributions from each
26-25 person that in the aggregate exceed $50 and that are accepted
26-26 during the reporting period by the [person or] committee required
26-27 to file a report under this chapter, the full name and address of
27-1 the person making the contributions, and the dates of the
27-2 contributions;
27-3 (2) the amount of loans that are made during the
27-4 reporting period for campaign or officeholder purposes to the
27-5 [person or] committee required to file the report and that in the
27-6 aggregate exceed $50, the dates the loans are made, the interest
27-7 rate, the maturity date, the type of collateral for the loans, if
27-8 any, the full name and address of the person or financial
27-9 institution making the loans, the full name and address, principal
27-10 occupation, and name of the employer of each guarantor of the
27-11 loans, the amount of the loans guaranteed by each guarantor, and
27-12 the aggregate principal amount of all outstanding loans as of the
27-13 last day of the reporting period;
27-14 (3) the amount of political expenditures that in the
27-15 aggregate exceed $50 and that are made during the reporting period,
27-16 the full name and address of the persons to whom the expenditures
27-17 are made, and the dates and purposes of the expenditures;
27-18 (4) the amount of each payment made during the
27-19 reporting period from a political contribution if the payment is
27-20 not a political expenditure, the full name and address of the
27-21 person to whom the payment is made, and the date and purpose of the
27-22 payment;
27-23 (5) the total amount or a specific listing of the
27-24 political contributions of $50 or less accepted and the total
27-25 amount or a specific listing of the political expenditures of $50
27-26 or less made during the reporting period;
27-27 (6) the total amount of all political contributions
28-1 accepted and the total amount of all political expenditures made
28-2 during the reporting period; and
28-3 (7) the name of each candidate or officeholder who
28-4 benefits from a direct campaign expenditure made during the
28-5 reporting period by the [person or] committee required to file the
28-6 report, and the office sought or held, excluding a direct campaign
28-7 expenditure that is made by the principal political committee of a
28-8 political party on behalf of a slate of two or more nominees of
28-9 that party.
28-10 SECTION 37. Sections 254.034(a) and (d), Election Code, are
28-11 amended to read as follows:
28-12 (a) A determination to accept or refuse a political
28-13 contribution that is received by a [candidate, officeholder, or]
28-14 political committee shall be made not later than the end of the
28-15 reporting period during which the contribution is received.
28-16 (d) A person [candidate, officeholder, or political
28-17 committee] commits an offense if the person knowingly fails to
28-18 return a political contribution as required by Subsection (c).
28-19 SECTION 38. Sections 254.036(c)-(e), Election Code, are
28-20 amended to read as follows:
28-21 (c) A [candidate, officeholder, or] political committee that
28-22 is required to file reports with the commission may file reports
28-23 that comply with Subsection (a) if the [candidate, officeholder,
28-24 or] campaign treasurer of the committee files with the commission
28-25 an affidavit stating that the [candidate, officeholder, or]
28-26 committee, an agent of the [candidate, officeholder, or] committee,
28-27 or a person with whom the [candidate, officeholder, or] committee
29-1 contracts does not use computer equipment to keep the current
29-2 records of political contributions, political expenditures, or
29-3 persons making political contributions to the [candidate,
29-4 officeholder, or] committee. An affidavit under this subsection
29-5 must be filed with each report filed under Subsection (a). The
29-6 affidavit must include a statement that the [candidate,
29-7 officeholder, or] political committee understands that if the
29-8 [candidate, officeholder, or] committee, a consultant of the
29-9 [candidate, officeholder, or] committee, or a person with whom the
29-10 [candidate, officeholder, or] committee contracts uses computer
29-11 equipment for a purpose described by this subsection, the
29-12 [candidate, officeholder, or] committee is required to file reports
29-13 under Subsection (b).
29-14 (d) A [candidate, officeholder, or] political committee that
29-15 is required to file reports with the commission, other than the
29-16 principal political committee of a candidate for or holder of a
29-17 statewide office or a specific-purpose committee for supporting or
29-18 opposing such a candidate or assisting such an officeholder, may
29-19 file reports that comply with Subsection (a) if the [candidate or]
29-20 committee does not accept political contributions that in the
29-21 aggregate exceed $20,000 or make political expenditures that in the
29-22 aggregate exceed $20,000 in a calendar year. A [candidate,
29-23 officeholder, or] political committee that exceeds $20,000 in
29-24 political contributions or political expenditures in a calendar
29-25 year shall file reports as required by Subsection (b) for:
29-26 (1) any reporting period during the calendar year in
29-27 which the limit prescribed by this subsection is exceeded, other
30-1 than a reporting period that has ended on the date the limit is
30-2 exceeded; and
30-3 (2) each reporting period during a calendar year
30-4 subsequent to the calendar year in which the limit is exceeded.
30-5 (e) The principal political committee of a [A] candidate for
30-6 an office described by Section 252.005(5) or a specific-purpose
30-7 committee for supporting or opposing only candidates for an office
30-8 described by Section 252.005(5) or a measure described by Section
30-9 252.007(5) may file reports that comply with Subsection (a).
30-10 SECTION 39. The heading to Section 254.038, Election Code, is
30-11 amended to read as follows:
30-12 Sec. 254.038. TELEGRAM REPORT BY CERTAIN [CANDIDATES AND]
30-13 POLITICAL COMMITTEES.
30-14 SECTION 40. Section 254.038(a), Election Code, is amended to
30-15 read as follows:
30-16 (a) In addition to other reports required by this chapter,
30-17 the following persons shall file additional reports during the
30-18 period beginning the ninth day before election day and ending at 12
30-19 noon on the second day before election day:
30-20 (1) the principal political committee of a candidate
30-21 for state senator who has an opponent whose name is to appear on
30-22 the ballot and that [who] accepts political contributions from a
30-23 person that in the aggregate exceed $1,000 during that reporting
30-24 period;
30-25 (2) the principal political committee of a candidate
30-26 for state representative who has an opponent whose name is to
30-27 appear on the ballot and that [who] accepts political contributions
31-1 from a person that in the aggregate exceed $200 during that
31-2 reporting period;
31-3 (3) a specific-purpose committee for supporting or
31-4 opposing a candidate for state senator and that accepts political
31-5 contributions from a person that in the aggregate exceed $1,000
31-6 during that reporting period; and
31-7 (4) a specific-purpose committee for supporting or
31-8 opposing a candidate for state representative and that accepts
31-9 political contributions from a person that in the aggregate exceed
31-10 $200 during that reporting period.
31-11 SECTION 41. Section 254.0391(a), Election Code, is amended to
31-12 read as follows:
31-13 (a) The principal political committee of a [A] statewide
31-14 officeholder, a member of the legislature, or a specific-purpose
31-15 committee for supporting, opposing, or assisting a statewide
31-16 officeholder or member of the legislature, or a candidate for
31-17 statewide office or the legislature or a specific-purpose committee
31-18 for supporting or opposing the candidate, that accepts a political
31-19 contribution during the period beginning on the date the governor
31-20 signs the proclamation calling a special legislative session and
31-21 continuing through the date of final adjournment shall report the
31-22 contribution to the commission not later than the 30th day after
31-23 the date of final adjournment.
31-24 SECTION 42. Section 254.041(c), Election Code, is amended to
31-25 read as follows:
31-26 (c) A violation of Subsection (a)(3) [(a)(2)] by the
31-27 principal political committee of a candidate or officeholder is a
32-1 Class A misdemeanor if the report fails to include information
32-2 required by Section 254.061(3) or Section 254.091(2), as
32-3 applicable.
32-4 SECTION 43. Section 254.042(a), Election Code, is amended to
32-5 read as follows:
32-6 (a) The commission shall determine from any available
32-7 evidence whether a report, other than a telegram report under
32-8 Section 254.038 or 254.039, required to be filed with the
32-9 commission under this chapter is late. On making that
32-10 determination, the commission shall immediately mail a notice of
32-11 the determination to the political committee [person] required to
32-12 file the report.
32-13 SECTION 44. Subchapter C, Chapter 254, Election Code, is
32-14 amended to read as follows:
32-15 SUBCHAPTER C. REPORTING BY PRINCIPAL POLITICAL COMMITTEE OF
32-16 CANDIDATE
32-17 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
32-18 to the contents required by Section 254.031, each report by the
32-19 principal political committee of a candidate must include:
32-20 (1) the candidate's full name and address, the office
32-21 sought, and the identity and date of the election for which the
32-22 report is filed;
32-23 (2) the campaign treasurer's name, residence or
32-24 business street address, and telephone number;
32-25 (3) for each political committee from which the
32-26 principal political committee [candidate] received notice under
32-27 Section 254.128 or 254.161:
33-1 (A) the committee's full name and address;
33-2 (B) an indication of whether the committee is a
33-3 general-purpose committee or a specific-purpose committee; and
33-4 (C) the full name and address of the committee's
33-5 campaign treasurer;
33-6 (4) the full name and address of each individual
33-7 acting as a campaign treasurer of a political committee under
33-8 Section 253.062 from whom the principal political committee
33-9 [candidate] received notice under Section 254.128 or 254.161; and
33-10 (5) on a separate page or pages of the report, the
33-11 identification of any payment from political contributions made to
33-12 a business in which the candidate has a participating interest of
33-13 more than 10 percent, holds a position on the governing body of the
33-14 business, or serves as an officer of the business.
33-15 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY PRINCIPAL
33-16 POLITICAL COMMITTEE OF CERTAIN JUDICIAL CANDIDATES. (a) In
33-17 addition to the contents required by Sections 254.031 and 254.061,
33-18 each report by the principal political committee of a candidate for
33-19 a judicial office covered by Subchapter F, Chapter 253, must
33-20 include:
33-21 (1) the total amount of political contributions,
33-22 including interest or other income, maintained in one or more
33-23 accounts in which political contributions are deposited as of the
33-24 last day of the reporting period;
33-25 (2) for each individual from whom the principal
33-26 political committee [person] filing the report has accepted
33-27 political contributions that in the aggregate exceed $50 and that
34-1 are accepted during the reporting period:
34-2 (A) the principal occupation and job title of
34-3 the individual and the full name of the employer of the individual
34-4 or of the law firm of which the individual or the individual's
34-5 spouse is a member, if any; or
34-6 (B) if the individual is a child, the full name
34-7 of the law firm of which either of the individual's parents is a
34-8 member, if any;
34-9 (3) a specific listing of each asset valued at $500 or
34-10 more that was purchased with political contributions and on hand as
34-11 of the last day of the reporting period;
34-12 (4) for each political contribution accepted by the
34-13 principal political committee [person] filing the report but not
34-14 received as of the last day of the reporting period:
34-15 (A) the full name and address of the person
34-16 making the contribution;
34-17 (B) the amount of the contribution; and
34-18 (C) the date of the contribution; and
34-19 (5) for each outstanding loan to the principal
34-20 political committee [person] filing the report as of the last day
34-21 of the reporting period:
34-22 (A) the full name and address of the person or
34-23 financial institution making the loan; and
34-24 (B) the full name and address of each guarantor
34-25 of the loan other than the candidate.
34-26 (b) In this section:
34-27 (1) "Child" has the meaning assigned by Section
35-1 253.158.
35-2 (2) "Law firm" and "member" have the meanings assigned
35-3 by Section 253.157.
35-4 Sec. 254.062. CERTAIN OFFICEHOLDER ACTIVITY INCLUDED. If an
35-5 officeholder who becomes a candidate has reportable activity that
35-6 is not reported under Subchapter D before the end of the period
35-7 covered by the first report the principal political committee of
35-8 the candidate is required to file under this subchapter, the
35-9 reportable activity shall be included in the first report filed
35-10 under this subchapter instead of in a report filed under Subchapter
35-11 D.
35-12 Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
35-13 POLITICAL COMMITTEE OF CANDIDATE. (a) The principal political
35-14 committee of a [A] candidate shall file two reports for each year
35-15 as provided by this section.
35-16 (b) The first report shall be filed not later than July 15.
35-17 The report covers the period beginning January 1, the day the
35-18 principal political committee's [candidate's] campaign treasurer
35-19 appointment is filed, or the first day after the period covered by
35-20 the last report required to be filed under this subchapter, as
35-21 applicable, and continuing through June 30.
35-22 (c) The second report shall be filed not later than January
35-23 15. The report covers the period beginning July 1, the day the
35-24 principal political committee's [candidate's] campaign treasurer
35-25 appointment is filed, or the first day after the period covered by
35-26 the last report required to be filed under this subchapter, as
35-27 applicable, and continuing through December 31.
36-1 Sec. 254.064. ADDITIONAL REPORTS OF PRINCIPAL POLITICAL
36-2 COMMITTEE OF OPPOSED CANDIDATE. (a) In addition to other required
36-3 reports, for each election in which a person is a candidate and has
36-4 an opponent whose name is to appear on the ballot, the person's
36-5 principal political committee [person] shall file two reports.
36-6 (b) The first report shall be filed not later than the 30th
36-7 day before election day. The report covers the period beginning
36-8 the day the principal political committee's [candidate's] campaign
36-9 treasurer appointment is filed or the first day after the period
36-10 covered by the last report required to be filed under this chapter,
36-11 as applicable, and continuing through the 40th day before election
36-12 day.
36-13 (c) The second report shall be filed not later than the
36-14 eighth day before election day. The report covers the period
36-15 beginning the 39th day before election day and continuing through
36-16 the 10th day before election day.
36-17 (d) If a person becomes an opposed candidate after a
36-18 reporting period prescribed by Subsection (b) or (c), the person's
36-19 principal political committee [person] shall file the committee's
36-20 [person's] first report not later than the regular deadline for the
36-21 report covering the period during which the person becomes an
36-22 opposed candidate. The period covered by the first report begins
36-23 the day the committee's [candidate's] campaign treasurer
36-24 appointment is filed.
36-25 (e) In addition to other required reports, the principal
36-26 political committee of an opposed candidate in a runoff election
36-27 shall file one report for that election. The runoff election
37-1 report shall be filed not later than the eighth day before runoff
37-2 election day. The report covers the period beginning the ninth day
37-3 before the date of the main election and continuing through the
37-4 10th day before runoff election day.
37-5 Sec. 254.065. FINAL REPORT. (a) If the principal political
37-6 committee of a candidate expects no reportable activity in
37-7 connection with the candidacy to occur after the period covered by
37-8 a report filed under this subchapter, the committee [candidate] may
37-9 designate the report as a "final" report.
37-10 (b) The designation of a report as a final report:
37-11 (1) relieves the principal political committee
37-12 [candidate] of the duty to file additional reports under this
37-13 subchapter, except as provided by Subsection (c); and
37-14 (2) terminates the committee's [candidate's] campaign
37-15 treasurer appointment.
37-16 (c) If, after a principal political committee's
37-17 [candidate's] final report is filed, reportable activity with
37-18 respect to the candidacy occurs, the committee [candidate] shall
37-19 file the appropriate reports under this subchapter and is otherwise
37-20 subject to the provisions of this title applicable to principal
37-21 political committees of candidates. A report filed under this
37-22 subsection may be designated as a final report.
37-23 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. (a) Except
37-24 as provided by Subsection (b), reports under this subchapter shall
37-25 be filed with the authority with whom the principal political
37-26 committee's [candidate's] campaign treasurer appointment is
37-27 required to be filed.
38-1 (b) A report required to be filed under this subchapter by
38-2 the principal political committee of a candidate for a judicial
38-3 district office filled by voters of only one county shall also be
38-4 filed with the county clerk.
38-5 SECTION 45. The heading to Subchapter D, Chapter 254,
38-6 Election Code, is amended to read as follows:
38-7 SUBCHAPTER D. REPORTING BY PRINCIPAL POLITICAL COMMITTEE OF
38-8 OFFICEHOLDER
38-9 SECTION 46. Sections 254.091-254.092, Election Code, are
38-10 amended to read as follows:
38-11 Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition to
38-12 the contents required by Section 254.031, each report by the
38-13 principal political committee of an officeholder must include:
38-14 (1) the officeholder's full name and address and the
38-15 office held;
38-16 (2) for each political committee from which the
38-17 officeholder received notice under Section 254.128 or 254.161:
38-18 (A) the committee's full name and address;
38-19 (B) an indication of whether the committee is a
38-20 general-purpose committee or a specific-purpose committee; and
38-21 (C) the full name and address of the committee's
38-22 campaign treasurer; and
38-23 (3) on a separate page or pages of the report, the
38-24 identification of any payment from political contributions made to
38-25 a business in which the officeholder has a participating interest
38-26 of more than 10 percent, holds a position on the governing body of
38-27 the business, or serves as an officer of the business.
39-1 Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY PRINCIPAL
39-2 POLITICAL COMMITTEE OF CERTAIN JUDICIAL OFFICEHOLDERS. In addition
39-3 to the contents required by Sections 254.031 and 254.091, each
39-4 report by the principal political committee of a holder of a
39-5 judicial office covered by Subchapter F, Chapter 253, must include
39-6 the contents prescribed by Section 254.0611.
39-7 Sec. 254.092. CERTAIN OFFICEHOLDER EXPENDITURES EXCLUDED.
39-8 The principal political committee of an [An] officeholder is not
39-9 required to report officeholder expenditures made from the
39-10 officeholder's personal funds, except as provided by Section
39-11 253.035(h).
39-12 SECTION 47. The heading to Section 254.093, Election Code, is
39-13 amended to read as follows:
39-14 Sec. 254.093. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
39-15 POLITICAL COMMITTEE OF OFFICEHOLDER.
39-16 SECTION 48. Section 254.093(a), Election Code, is amended to
39-17 read as follows:
39-18 (a) The principal political committee of an [An]
39-19 officeholder shall file two reports for each year as provided by
39-20 this section.
39-21 SECTION 49. Sections 254.095-254.097, Election Code, are
39-22 amended to read as follows:
39-23 Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
39-24 reporting period prescribed by this subchapter the principal
39-25 political committee of an officeholder that [who] is required to
39-26 file a report with an authority other than the commission has not
39-27 accepted political contributions that in the aggregate exceed $500
40-1 or made political expenditures that in the aggregate exceed $500,
40-2 the committee [officeholder] is not required to file a report
40-3 covering that period.
40-4 Sec. 254.096. OFFICEHOLDER WHO BECOMES CANDIDATE. The
40-5 principal political committee of an [An] officeholder who becomes a
40-6 candidate is subject to Subchapter C during each period covered by
40-7 a report required to be filed under Subchapter C.
40-8 Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. (a) Except
40-9 as provided by Subsection (b), reports under this subchapter shall
40-10 be filed with the authority with whom the principal political
40-11 committee's [a] campaign treasurer appointment [by a candidate for
40-12 the office held by the officeholder] is required to be filed.
40-13 (b) A report required to be filed under this subchapter by
40-14 the principal political committee of a holder of a judicial
40-15 district office filled by voters of only one county shall also be
40-16 filed with the county clerk.
40-17 SECTION 50. Section 254.121, Election Code, is amended to
40-18 read as follows:
40-19 Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. In addition
40-20 to the contents required by Section 254.031, each report by a
40-21 campaign treasurer of a specific-purpose committee must include:
40-22 (1) the committee's full name and address;
40-23 (2) the full name, residence or business street
40-24 address, and telephone number of the committee's campaign
40-25 treasurer;
40-26 (3) the identity and date of the election for which
40-27 the report is filed, if applicable;
41-1 (4) the name of each candidate and each measure
41-2 supported or opposed by the committee, indicating for each whether
41-3 the committee supports or opposes;
41-4 (5) the name of each officeholder assisted by the
41-5 committee;
41-6 (6) the amount of each political expenditure in the
41-7 form of a political contribution that is made to [a candidate,
41-8 officeholder, or] another political committee and that is returned
41-9 to the committee during the reporting period, the name of the
41-10 committee [person] to whom the expenditure was originally made, and
41-11 the date it is returned;
41-12 (7) on a separate page or pages of the report, the
41-13 identification of any payment from political contributions made to
41-14 a business in which a [the] candidate or officeholder supported or
41-15 assisted by the committee has a participating interest of more than
41-16 10 percent, holds a position on the governing body of the business,
41-17 or serves as an officer of the business; and
41-18 (8) on a separate page or pages of the report, the
41-19 identification of any contribution from a corporation or labor
41-20 organization made and accepted under Subchapter D, Chapter 253.
41-21 SECTION 51. Section 254.128(a), Election Code, is amended to
41-22 read as follows:
41-23 (a) If a specific-purpose committee accepts political
41-24 contributions or makes political expenditures for a candidate or
41-25 officeholder, the committee's campaign treasurer shall deliver
41-26 written notice of that fact to the principal political committee of
41-27 the affected candidate or officeholder not later than the end of
42-1 the period covered by the report in which the reportable activity
42-2 occurs.
42-3 SECTION 52. Section 254.151, Election Code, is amended to
42-4 read as follows:
42-5 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
42-6 to the contents required by Section 254.031, each report by a
42-7 campaign treasurer of a general-purpose committee must include:
42-8 (1) the committee's full name and address;
42-9 (2) the full name, residence or business street
42-10 address, and telephone number of the committee's campaign
42-11 treasurer;
42-12 (3) the identity and date of the election for which
42-13 the report is filed, if applicable;
42-14 (4) the name of each identified candidate or measure
42-15 or classification by party of candidates supported or opposed by
42-16 the committee, indicating whether the committee supports or opposes
42-17 each listed candidate, measure, or classification by party of
42-18 candidates;
42-19 (5) the name of each identified officeholder or
42-20 classification by party of officeholders assisted by the committee;
42-21 (6) the principal occupation of each person from whom
42-22 political contributions that in the aggregate exceed $50 are
42-23 accepted during the reporting period;
42-24 (7) the amount of each political expenditure in the
42-25 form of a political contribution made to [a candidate,
42-26 officeholder, or] another political committee that is returned to
42-27 the committee during the reporting period, the name of the
43-1 committee [person] to whom the expenditure was originally made, and
43-2 the date it is returned; and
43-3 (8) on a separate page or pages of the report, the
43-4 identification of any contribution from a corporation or labor
43-5 organization made and accepted under Subchapter D, Chapter 253.
43-6 SECTION 53. Section 254.181(a), Election Code, is amended to
43-7 read as follows:
43-8 (a) The principal political committee of an [An] opposed
43-9 candidate or a specific-purpose committee required to file reports
43-10 under Subchapter C or E may file a report under this subchapter
43-11 instead if the [candidate or] committee does not intend to accept
43-12 political contributions that in the aggregate exceed $500 or to
43-13 make political expenditures that in the aggregate exceed $500 in
43-14 connection with the election.
43-15 SECTION 54. Section 254.182, Election Code, is amended to
43-16 read as follows:
43-17 Sec. 254.182. DECLARATION OF INTENT REQUIRED. (a) To be
43-18 entitled to file reports under this subchapter, the principal
43-19 political committee of an opposed candidate or a specific-purpose
43-20 committee must file with the campaign treasurer appointment a
43-21 written declaration of intent not to exceed $500 in political
43-22 contributions or political expenditures in the election.
43-23 (b) The declaration of intent must contain a statement that
43-24 the [candidate or] committee understands that if the $500 maximum
43-25 for contributions and expenditures is exceeded, the [candidate or]
43-26 committee is required to file reports under Subchapter C or E, as
43-27 applicable.
44-1 SECTION 55. Sections 254.183(a), (b), and (d), Election
44-2 Code, are amended to read as follows:
44-3 (a) The principal political committee of an [An] opposed
44-4 candidate or a specific-purpose committee that exceeds $500 in
44-5 political contributions or political expenditures in the election
44-6 shall file reports as required by Subchapter C or E, as applicable.
44-7 (b) If a [candidate or] committee exceeds the $500 maximum
44-8 after the filing deadline prescribed by Subchapter C or E for the
44-9 first report required to be filed under the appropriate subchapter,
44-10 the [candidate or] committee shall file a report not later than 48
44-11 hours after the maximum is exceeded.
44-12 (d) The reporting period for the next report filed by the
44-13 [candidate or] committee begins on the day after the last day of
44-14 the period covered by the report filed under Subsection (b).
44-15 SECTION 56. Section 254.184, Election Code, is amended to
44-16 read as follows:
44-17 Sec. 254.184. APPLICABILITY OF REGULAR REPORTING
44-18 REQUIREMENTS. (a) Subchapter C or E, as applicable, applies to the
44-19 principal political committee of an opposed candidate or a
44-20 specific-purpose committee filing under this subchapter to the
44-21 extent that the appropriate subchapter does not conflict with this
44-22 subchapter.
44-23 (b) A [candidate or] committee filing under this subchapter
44-24 is not required to file any reports of political contributions and
44-25 political expenditures other than the semiannual reports required
44-26 to be filed not later than July 15 and January 15.
44-27 SECTION 57. Section 254.201(a), Election Code, is amended to
45-1 read as follows:
45-2 (a) This section applies to:
45-3 (1) a former officeholder who has unexpended political
45-4 contributions after the officeholder's principal political
45-5 committee files [filing] the last report required to be filed by
45-6 Subchapter D; or
45-7 (2) a person who was an unsuccessful candidate who has
45-8 unexpended political contributions after the candidate's principal
45-9 political committee files [filing] the last report required to be
45-10 filed by Subchapter C.
45-11 SECTION 58. Section 254.203(a), Election Code, is amended to
45-12 read as follows:
45-13 (a) A person may not retain political contributions covered
45-14 by this title, assets purchased with the contributions, or interest
45-15 and other income earned on the contributions for more than six
45-16 years after the date the person either ceases to be an officeholder
45-17 or candidate or the person's principal political committee files a
45-18 final report under this chapter, whichever is later.
45-19 SECTION 59. Sections 254.204(a) and (d), Election Code, are
45-20 amended to read as follows:
45-21 (a) At the end of the six-year period prescribed by Section
45-22 254.203, the former officeholder or candidate shall remit any
45-23 unexpended political contributions to one or more of the following:
45-24 (1) the political party with which the person was
45-25 affiliated when the person's name last appeared on a ballot;
45-26 (2) a [candidate or] political committee;
45-27 (3) the comptroller [of public accounts] for deposit
46-1 in the state treasury [State Treasury];
46-2 (4) one or more persons from whom political
46-3 contributions were received, in accordance with Subsection (d);
46-4 (5) a recognized tax-exempt, charitable organization
46-5 formed for educational, religious, or scientific purposes; or
46-6 (6) a public or private postsecondary educational
46-7 institution or an institution of higher education as defined by
46-8 Section 61.003 [61.003(8)], Education Code, solely for the purpose
46-9 of assisting or creating a scholarship program.
46-10 (d) The amount of political contributions disposed of under
46-11 Subsection (a)(4) to one person may not exceed the aggregate amount
46-12 accepted from that person during the last two years that the
46-13 principal political committee of the candidate or officeholder
46-14 accepted contributions under this title.
46-15 SECTION 60. Section 254.231(b), Election Code, is amended to
46-16 read as follows:
46-17 (b) The principal political committee of each [Each]
46-18 opposing candidate whose name appears on the ballot is entitled to
46-19 recover damages under this section.
46-20 SECTION 61. Section 254.094, Election Code, is repealed.
46-21 SECTION 62. (a) Not later than September 15, 2001, each
46-22 person who on September 1, 2001, is a candidate, as that term is
46-23 defined by Section 251.001, Election Code, or an officeholder
46-24 covered by Title 15, Election Code, shall designate a principal
46-25 political committee as required by Section 251.010, Election Code,
46-26 as added by this Act.
46-27 (b) Not later than the 15th day after the date a candidate
47-1 or officeholder designates a principal political committee as
47-2 required by Subsection (a) of this section, the person shall
47-3 transfer to the committee each asset that the person holds in the
47-4 person's capacity as a candidate or officeholder.
47-5 (c) Not later than the 15th day after the date a candidate
47-6 or officeholder designates a principal political committee as
47-7 required by Subsection (a) of this section, the committee shall
47-8 assume each liability of the person in the person's capacity as a
47-9 candidate or officeholder.
47-10 SECTION 63. (a) Chapter 254, Election Code, as amended by
47-11 this Act, applies only to the reporting of a political contribution
47-12 accepted or political expenditure made on or after September 1,
47-13 2001. The reporting of a political contribution accepted or a
47-14 political expenditure made before that date is governed by the law
47-15 in effect at the time the contribution or expenditure was accepted
47-16 or made, and the former law is continued in effect for that
47-17 purpose.
47-18 (b) Subchapter H, Chapter 254, Election Code, as amended by
47-19 this Act, applies only to a person who is a candidate, as that term
47-20 is defined by Section 251.001, Election Code, or an officeholder
47-21 subject to Title 15, Election Code, on September 1, 2001. A person
47-22 who is a former candidate or former officeholder on September 1,
47-23 2001, is subject to Subchapter H, Chapter 254, Election Code, as
47-24 that subchapter existed immediately before amendment by this Act,
47-25 and the former law is continued in effect for that purpose.
47-26 SECTION 64. This Act takes effect September 1, 2001.