By Madden H.B. No. 2435
77R7954 ESH-D
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 amending Subdivision (13) and adding Subdivision (21) to read as
1-7 follows:
1-8 (13) "Specific-purpose committee" means a political
1-9 committee that does not have among its principal purposes those of
1-10 a general-purpose committee but does have among its principal
1-11 purposes:
1-12 (A) supporting or opposing [one or more]:
1-13 (i) two or more candidates, all of whom
1-14 are identified and are seeking offices that are known; or
1-15 (ii) one or more measures, all of which
1-16 are identified; or
1-17 (B) assisting two [one] or more officeholders,
1-18 all of whom are identified[; or]
1-19 [(C) supporting or opposing only one candidate
1-20 who is unidentified or who is seeking an office that is unknown].
1-21 (21) "Principal political committee of a candidate or
1-22 officeholder" means a political committee established under Section
1-23 251.010 for supporting a candidate or assisting an officeholder.
1-24 SECTION 2. Subchapter A, Chapter 251, Election Code, is
2-1 amended by adding Sections 251.010 and 251.011 to read as follows:
2-2 Sec. 251.010. PRINCIPAL POLITICAL COMMITTEE. (a) A
2-3 candidate or officeholder shall designate in writing a political
2-4 committee to serve as the person's principal political committee.
2-5 (b) A designation under Subsection (a) must be:
2-6 (1) made not later than the 15th day after the date
2-7 the person becomes a candidate or officeholder; and
2-8 (2) filed with the authority with whom the committee's
2-9 campaign treasurer appointment is required to be filed.
2-10 (c) The name of a principal political committee must include
2-11 the candidate's or officeholder's name.
2-12 (d) A candidate or officeholder may not have more than one
2-13 principal political committee at a time. A person who is both a
2-14 candidate and an officeholder may not have more than one principal
2-15 political committee. A candidate who becomes an officeholder is
2-16 not required to designate a new principal political committee.
2-17 (e) A prohibition or restriction imposed by this title on a
2-18 candidate or officeholder applies to the principal political
2-19 committee of a candidate or officeholder.
2-20 (f) A person may not establish a specific-purpose committee
2-21 for supporting or opposing only one candidate or assisting only one
2-22 officeholder.
2-23 Sec. 251.011. LIABILITY OF CANDIDATE FOR ACT OR OMISSION OF
2-24 PRINCIPAL POLITICAL COMMITTEE. A candidate or officeholder is
2-25 civilly liable for an act or omission by the person's principal
2-26 political committee in connection with a requirement or prohibition
2-27 prescribed by this title only if the person authorized, requested,
3-1 commanded, performed, or recklessly or negligently tolerated the
3-2 act or omission.
3-3 SECTION 3. Sections 252.001, 252.0031, 252.0032, 252.005,
3-4 and 252.006, Election Code, are amended to read as follows:
3-5 Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED.
3-6 Each [candidate and each] political committee shall appoint a
3-7 campaign treasurer as provided by this chapter.
3-8 Sec. 252.0031. CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE
3-9 COMMITTEE. [(a)] In addition to the information required by
3-10 Section 252.002, a campaign treasurer appointment by a
3-11 specific-purpose committee for supporting or opposing two or more
3-12 candidates [a candidate] for an office specified by Section
3-13 252.005(1) must include the name of and the office sought by each
3-14 [the] candidate the committee supports or opposes. If that
3-15 information changes, the committee shall immediately file an
3-16 amended appointment reflecting the change.
3-17 [(b) The name of a specific-purpose committee for supporting
3-18 a candidate for an office specified by Section 252.005(1) must
3-19 include the name of the candidate that the committee supports.]
3-20 Sec. 252.0032. CONTENTS OF APPOINTMENT BY PRINCIPAL
3-21 POLITICAL COMMITTEE [CANDIDATE]. (a) In addition to the
3-22 information required by Section 252.002, a campaign treasurer
3-23 appointment by a principal political committee of a candidate or
3-24 officeholder [candidate] must include:
3-25 (1) the candidate's or officeholder's telephone
3-26 number; and
3-27 (2) a statement, signed by the candidate or
4-1 officeholder, that the candidate or officeholder is aware of the
4-2 nepotism law, Chapter 573, Government Code.
4-3 (b) A campaign treasurer appointment that is filed in a
4-4 manner other than by use of an officially prescribed form is not
4-5 invalid because it fails to comply with Subsection (a)(2).
4-6 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
4-7 PRINCIPAL POLITICAL COMMITTEE OF CANDIDATE OR OFFICEHOLDER. A
4-8 principal political committee of a candidate or officeholder [An
4-9 individual] must file a campaign treasurer appointment [for the
4-10 individual's own candidacy] with:
4-11 (1) the commission, if the appointment is made by the
4-12 principal political committee of a candidate for or holder of [for
4-13 candidacy for]:
4-14 (A) a statewide office;
4-15 (B) a district office filled by voters of more
4-16 than one county;
4-17 (C) a judicial district office filled by voters
4-18 of only one county;
4-19 (D) the office of state senator;
4-20 (E) the office of state representative; or
4-21 (F) the office of member, State Board of
4-22 Education;
4-23 (2) the county clerk, if the appointment is made by
4-24 the principal political committee of a candidate for or holder of
4-25 [for candidacy for] a county office, a precinct office, or a
4-26 district office other than one included in Subdivision (1);
4-27 (3) the clerk or secretary of the governing body of
5-1 the political subdivision or, if the political subdivision has no
5-2 clerk or secretary, with the governing body's presiding officer, if
5-3 the appointment is made by the principal political committee of a
5-4 candidate for or holder of [for candidacy for] an office of a
5-5 political subdivision other than a county;
5-6 (4) the county clerk if:
5-7 (A) the appointment is made by the principal
5-8 political committee of a candidate for or holder of [for candidacy
5-9 for] an office of a political subdivision other than a county;
5-10 (B) the governing body for the political
5-11 subdivision has not been formed; and
5-12 (C) no boundary of the political subdivision
5-13 crosses a boundary of the county; or
5-14 (5) the commission if:
5-15 (A) the appointment is made by the principal
5-16 political committee of a candidate for or holder of [for candidacy
5-17 for] an office of a political subdivision other than a county;
5-18 (B) the governing body for the political
5-19 subdivision has not been formed; and
5-20 (C) the political subdivision is situated in
5-21 more than one county.
5-22 Sec. 252.006. AUTHORITY WITH WHOM APPOINTMENT FILED:
5-23 SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATES
5-24 [CANDIDATE] OR ASSISTING OFFICEHOLDERS [OFFICEHOLDER]. A
5-25 specific-purpose committee for supporting or opposing candidates [a
5-26 candidate] or assisting officeholders [an officeholder] must file
5-27 its campaign treasurer appointment with the same authority as the
6-1 appointment by a principal political committee in connection with
6-2 [for candidacy for] the office.
6-3 SECTION 4. Section 252.010(a), Election Code, is amended to
6-4 read as follows:
6-5 (a) If a candidate whose principal political committee [who]
6-6 has filed a campaign treasurer appointment decides to seek a
6-7 different office that would require the appointment to be filed
6-8 with another authority, a copy of the appointment certified by the
6-9 authority with whom it was originally filed must be filed with the
6-10 other authority in addition to the new campaign treasurer
6-11 appointment.
6-12 SECTION 5. Section 252.015(a), Election Code, is amended to
6-13 read as follows:
6-14 (a) Each principal political committee of a candidate for or
6-15 holder of an office specified by Section 252.005(1), each
6-16 specific-purpose committee for supporting or opposing candidates [a
6-17 candidate] for an office specified by Section 252.005(1) or a
6-18 statewide or district measure, and each general-purpose committee
6-19 may appoint an assistant campaign treasurer by written appointment
6-20 filed with the commission.
6-21 SECTION 6. Section 253.002(b), Election Code, is amended to
6-22 read as follows:
6-23 (b) This section does not apply to:
6-24 (1) an individual making an expenditure authorized by
6-25 Subchapter C;
6-26 (2) a corporation or labor organization making an
6-27 expenditure authorized by Subchapter D;
7-1 (3) [a candidate making or authorizing an expenditure
7-2 for the candidate's own election;]
7-3 [(4)] a political committee; or
7-4 (4) [(5)] a campaign treasurer or assistant campaign
7-5 treasurer acting in an official capacity.
7-6 SECTION 7. Section 253.031(a), Election Code, is amended to
7-7 read as follows:
7-8 (a) A candidate or officeholder may not knowingly accept a
7-9 campaign contribution as authorized by Section 253.0311 or make or
7-10 authorize a campaign expenditure as authorized by Section 253.0312
7-11 at a time when a campaign treasurer appointment for the principal
7-12 political committee of the candidate or officeholder is not in
7-13 effect.
7-14 SECTION 8. Subchapter B, Chapter 253, Election Code, is
7-15 amended by adding Sections 253.0311 and 253.0312 to read as
7-16 follows:
7-17 Sec. 253.0311. ACCEPTANCE OF POLITICAL CONTRIBUTION BY
7-18 CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection
7-19 (b), a candidate or officeholder may not knowingly accept a
7-20 political contribution in connection with the person's own
7-21 candidacy or office.
7-22 (b) A candidate or officeholder may accept a political
7-23 contribution on behalf of the person's principal political
7-24 committee unless the committee itself would be prohibited from
7-25 accepting the contribution.
7-26 (c) A person who violates this section commits an offense.
7-27 An offense under this section is a Class A misdemeanor.
8-1 Sec. 253.0312. CONTRIBUTION OR EXPENDITURE BY CANDIDATE OR
8-2 OFFICEHOLDER FROM PERSONAL FUNDS. (a) Except as provided by
8-3 Subsection (b), a candidate or officeholder may not knowingly make
8-4 a political contribution or political expenditure from the person's
8-5 personal funds in connection with the person's own candidacy or
8-6 office.
8-7 (b) A candidate or officeholder may make a political
8-8 contribution from the person's personal funds to the person's
8-9 principal political committee.
8-10 (c) A person who violates this section commits an offense.
8-11 An offense under this section is a Class A misdemeanor.
8-12 SECTION 9. Section 253.033(a), Election Code, is amended to
8-13 read as follows:
8-14 (a) The principal political committee of a [A] candidate
8-15 or[,] officeholder[,] or a specific-purpose committee may not
8-16 knowingly accept from a contributor in a reporting period political
8-17 contributions in cash that in the aggregate exceed $100.
8-18 SECTION 10. Sections 253.034(a)-(c), Election Code, are
8-19 amended to read as follows:
8-20 (a) During the period beginning on the 30th day before the
8-21 date a regular legislative session convenes and continuing through
8-22 the day of final adjournment, a person may not knowingly make a
8-23 political contribution to:
8-24 (1) the principal political committee of a statewide
8-25 officeholder;
8-26 (2) the principal political committee of a member of
8-27 the legislature; or
9-1 (3) a specific-purpose committee for supporting,
9-2 opposing, or assisting a statewide officeholder or member of the
9-3 legislature.
9-4 (b) The principal political committee of a [A] statewide
9-5 officeholder or of[,] a member of the legislature[,] or a
9-6 specific-purpose committee for supporting, opposing, or assisting a
9-7 statewide officeholder or member of the legislature may not
9-8 knowingly accept a political contribution, and shall refuse a
9-9 political contribution that is received, during the period
9-10 prescribed by Subsection (a). A political contribution that is
9-11 received and refused during that period shall be returned to the
9-12 contributor not later than the 30th day after the date of receipt.
9-13 A contribution made by mail is not considered received during that
9-14 period if it was placed with postage prepaid and properly addressed
9-15 in the United States mail before the beginning of the period. The
9-16 date indicated by the post office cancellation mark is considered
9-17 to be the date the contribution was placed in the mail unless
9-18 proven otherwise.
9-19 (c) This section does not apply to a political contribution
9-20 that was made and accepted with the intent that it be used:
9-21 (1) in an election held or ordered during the period
9-22 prescribed by Subsection (a) in which the person on whose behalf
9-23 [accepting] the contribution is accepted is a candidate if the
9-24 contribution was made after the person's principal political
9-25 committee filed [person appointed] a campaign treasurer appointment
9-26 [with the appropriate authority] and before the person was sworn in
9-27 for that office;
10-1 (2) to defray expenses incurred in connection with an
10-2 election contest; or
10-3 (3) by the principal political committee of a person
10-4 who holds a statewide [state] office or of a member of the
10-5 legislature if the person or member was defeated at the general
10-6 election held immediately before the session is convened [or by a
10-7 specific-purpose political committee that supports or assists only
10-8 that person or member].
10-9 SECTION 11. Sections 253.035(b), (g), and (h), Election
10-10 Code, are amended to read as follows:
10-11 (b) A principal political committee of a candidate or
10-12 officeholder or specific-purpose committee that accepts a political
10-13 contribution may not convert the contribution to the personal use
10-14 of a candidate, officeholder, or former candidate or officeholder.
10-15 (g) A principal political committee of a candidate or
10-16 officeholder or specific-purpose committee that converts a
10-17 political contribution to the personal use of a candidate,
10-18 officeholder, or former candidate or officeholder in violation of
10-19 this section is civilly liable to the state for an amount equal to
10-20 the amount of the converted contribution plus reasonable court
10-21 costs.
10-22 (h) Except as provided by Section 253.0351, [or] 253.042, or
10-23 253.162, a candidate or officeholder who makes political
10-24 expenditures from the candidate's or officeholder's personal funds
10-25 may reimburse those personal funds from political contributions in
10-26 the amount of those expenditures only if:
10-27 (1) the expenditures from personal funds were fully
11-1 reported as political expenditures, including the payees, dates,
11-2 purposes, and amounts of the expenditures, in the report required
11-3 to be filed under this title that covers the period in which the
11-4 expenditures from personal funds were made; and
11-5 (2) the report on which the expenditures from personal
11-6 funds are disclosed clearly designates those expenditures as having
11-7 been made from the person's personal funds and that the
11-8 expenditures are subject to reimbursement.
11-9 SECTION 12. Section 253.038(a), Election Code, is amended to
11-10 read as follows:
11-11 (a) A candidate or officeholder, the principal political
11-12 committee of a candidate or officeholder, or a specific-purpose
11-13 committee for supporting, opposing, or assisting the candidate or
11-14 officeholder may not knowingly make or authorize a payment from a
11-15 political contribution to purchase real property or to pay the
11-16 interest on or principal of a note for the purchase of real
11-17 property.
11-18 SECTION 13. Section 253.041(a), Election Code, is amended to
11-19 read as follows:
11-20 (a) A candidate or officeholder, the principal political
11-21 committee of the candidate or officeholder, or a specific-purpose
11-22 committee for supporting, opposing, or assisting the candidate or
11-23 officeholder may not knowingly make or authorize a payment from a
11-24 political contribution if the payment is made for personal services
11-25 rendered by the candidate or officeholder or by the spouse or
11-26 dependent child of the candidate or officeholder to:
11-27 (1) a business in which the candidate or officeholder
12-1 has a participating interest of more than 10 percent, holds a
12-2 position on the governing body of the business, or serves as an
12-3 officer of the business; or
12-4 (2) the candidate or officeholder or the spouse or
12-5 dependent child of the candidate or officeholder.
12-6 SECTION 14. Sections 253.042(a), (b), and (e), Election
12-7 Code, are amended to read as follows:
12-8 (a) A candidate or officeholder who makes political
12-9 contributions to the candidate's or officeholder's principal
12-10 political committee [expenditures] from the candidate's or
12-11 officeholder's personal funds may not reimburse those personal
12-12 funds from political contributions in amounts that in the aggregate
12-13 exceed the following amounts for each election in which the
12-14 person's name appears on the ballot:
12-15 (1) for a statewide office other than governor,
12-16 $250,000; and
12-17 (2) for governor, $500,000.
12-18 (b) A principal political committee of a candidate or
12-19 officeholder that [candidate or officeholder who] accepts one or
12-20 more political contributions in the form of loans, including an
12-21 extension of credit or a guarantee of a loan or extension of
12-22 credit, from one or more persons related within the second degree
12-23 by consanguinity or affinity, as determined under Subchapter B,
12-24 Chapter 573, Government Code, to the candidate or officeholder the
12-25 committee supports or assists [within the second degree by affinity
12-26 or consanguinity] may not use political contributions to repay the
12-27 loans in amounts that in the aggregate exceed the amount prescribed
13-1 by Subsection (a).
13-2 (e) This section does not prohibit the payment of interest
13-3 on loans covered by this section at a commercially reasonable rate,
13-4 except that interest on loans from a candidate's or officeholder's
13-5 personal funds or on loans from the personal funds of any person
13-6 related to the candidate or officeholder within the second degree
13-7 by affinity or consanguinity, as determined under Subchapter B,
13-8 Chapter 573, Government Code, is included in the amount prescribed
13-9 by Subsection (a), (b), or (c).
13-10 SECTION 15. Section 253.131, Election Code, is amended by
13-11 amending the heading and Subsections (b) and (c) to read as
13-12 follows:
13-13 Sec. 253.131. LIABILITY TO PRINCIPAL POLITICAL COMMITTEES
13-14 [CANDIDATES]
13-15 (b) If the contribution or expenditure is in support of a
13-16 candidate, the principal political committee of each opposing
13-17 candidate whose name appears on the ballot is entitled to recover
13-18 damages under this section.
13-19 (c) If the contribution or expenditure is in opposition to a
13-20 candidate, the candidate's principal political committee
13-21 [candidate] is entitled to recover damages under this section.
13-22 SECTION 16. Sections 253.153(a) and (c), Election Code, are
13-23 amended to read as follows:
13-24 (a) The principal political committee of a [A] judicial
13-25 candidate or officeholder, a specific-purpose committee for
13-26 supporting or opposing two or more [a] judicial candidates
13-27 [candidate], or a specific-purpose committee for assisting two or
14-1 more [a] judicial officeholders [officeholder] may not knowingly
14-2 accept a political contribution except during the period:
14-3 (1) beginning on:
14-4 (A) the 210th day before the date an application
14-5 for a place on the ballot or for nomination by convention for the
14-6 office is required to be filed, if the election is for a full term;
14-7 or
14-8 (B) the later of the 210th day before the date
14-9 an application for a place on the ballot or for nomination by
14-10 convention for the office is required to be filed or the date a
14-11 vacancy in the office occurs, if the election is for an unexpired
14-12 term; and
14-13 (2) ending on the 120th day after the date of:
14-14 (A) the general election for state and county
14-15 officers, if the candidate or officeholder has an opponent in the
14-16 general election;
14-17 (B) except as provided by Subsection (c), the
14-18 runoff primary election, if the candidate or officeholder is a
14-19 candidate in the runoff primary election and does not have an
14-20 opponent in the general election; or
14-21 (C) except as provided by Subsection (c), the
14-22 general primary election, if the candidate or officeholder is not a
14-23 candidate in the runoff primary election and does not have an
14-24 opponent in the general election.
14-25 (c) Notwithstanding Subsection (a)(2), the principal
14-26 political committee of a judicial candidate who does not have an
14-27 opponent whose name will appear on the ballot or a specific-purpose
15-1 committee for supporting such a candidate may accept a political
15-2 contribution after another person files a declaration of write-in
15-3 candidacy opposing the candidate.
15-4 SECTION 17. Section 253.154(a), Election Code, is amended to
15-5 read as follows:
15-6 (a) The principal political committee of a [A] write-in
15-7 candidate for judicial office or a specific-purpose committee for
15-8 supporting two or more [a] write-in candidates [candidate] for
15-9 judicial office may not knowingly accept a political contribution
15-10 before the candidate files a declaration of write-in candidacy.
15-11 SECTION 18. Section 253.1541(b), Election Code, is amended
15-12 to read as follows:
15-13 (b) Notwithstanding Section 253.153, the principal political
15-14 committee of a person to whom this section applies may accept
15-15 officeholder contributions beginning on the date the person assumes
15-16 the duties of office and ending on the 60th day after that date.
15-17 SECTION 19. Section 253.155(a), Election Code, is amended to
15-18 read as follows:
15-19 (a) Except as provided by Subsection (c), the principal
15-20 political committee of a judicial candidate or officeholder may not
15-21 knowingly accept political contributions from a person that in the
15-22 aggregate exceed the limits prescribed by Subsection (b) in
15-23 connection with each election in which the person is involved.
15-24 SECTION 20. Sections 253.157(a)-(c), Election Code, are
15-25 amended to read as follows:
15-26 (a) The principal political committee of a [A] judicial
15-27 candidate or officeholder [or a specific-purpose committee for
16-1 supporting or opposing a judicial candidate] may not accept a
16-2 political contribution in excess of $50 from a person if:
16-3 (1) the person is a law firm, a member of a law firm,
16-4 or a general-purpose committee established or controlled by a law
16-5 firm; and
16-6 (2) the contribution when aggregated with all
16-7 political contributions accepted by the principal political
16-8 committee [candidate, officeholder, or committee] from the law
16-9 firm, other members of the law firm, or a general-purpose committee
16-10 established or controlled by the law firm in connection with the
16-11 election would exceed six times the applicable contribution limit
16-12 under Section 253.155.
16-13 (b) A principal political committee of a judicial candidate
16-14 or officeholder that [person who] receives a political contribution
16-15 that violates Subsection (a) shall return the contribution to the
16-16 contributor not later than the later of:
16-17 (1) the last day of the reporting period in which the
16-18 contribution is received; or
16-19 (2) the fifth day after the date the contribution is
16-20 received.
16-21 (c) A principal political committee of a judicial candidate
16-22 or officeholder that [person who] fails to return a political
16-23 contribution as required by Subsection (b) is liable for a civil
16-24 penalty not to exceed three times the total amount of political
16-25 contributions accepted from the law firm, members of the law firm,
16-26 or general-purpose committees established or controlled by the law
16-27 firm in connection with the election.
17-1 SECTION 21. Sections 253.160(a) and (b), Election Code, are
17-2 amended to read as follows:
17-3 (a) The principal political committee of a [A] judicial
17-4 candidate or officeholder [or a specific-purpose committee for
17-5 supporting or opposing a judicial candidate or assisting a judicial
17-6 officeholder] may not knowingly accept a political contribution
17-7 from a general-purpose committee that, when aggregated with each
17-8 other political contribution from a general-purpose committee in
17-9 connection with an election, exceeds 15 percent of the applicable
17-10 limit on expenditures prescribed by Section 253.168, regardless of
17-11 whether the limit on expenditures is suspended.
17-12 (b) A principal political committee of a judicial candidate
17-13 or officeholder that [person who] receives a political contribution
17-14 that violates Subsection (a) shall return the contribution to the
17-15 contributor not later than the later of:
17-16 (1) the last day of the reporting period in which the
17-17 contribution is received; or
17-18 (2) the fifth day after the date the contribution is
17-19 received.
17-20 SECTION 22. Section 253.1601, Election Code, is amended to
17-21 read as follows:
17-22 Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
17-23 CONTRIBUTION TO PRINCIPAL POLITICAL COMMITTEE [CANDIDATE]. For
17-24 purposes of Sections 253.155, 253.157, and 253.160, a contribution
17-25 to a specific-purpose committee for the purpose of supporting two
17-26 or more [a] judicial candidates [candidate], opposing the
17-27 [candidate's] opponent of two or more judicial candidates, or
18-1 assisting two or more candidates [the candidate] as officeholders
18-2 [an officeholder] is considered to be a contribution to the
18-3 principal political committee of each judicial candidate or
18-4 officeholder the committee supports or assists.
18-5 SECTION 23. Sections 253.161(a)-(c), Election Code, are
18-6 amended to read as follows:
18-7 (a) The principal political committee of a [A] judicial
18-8 candidate or officeholder, a specific-purpose committee for
18-9 supporting or opposing two or more [a] judicial candidates
18-10 [candidate], or a specific-purpose committee for assisting two or
18-11 more [a] judicial officeholders [officeholder] may not use a
18-12 political contribution to make a campaign expenditure for judicial
18-13 office or to make an officeholder expenditure in connection with a
18-14 judicial office if the contribution was accepted while the
18-15 candidate or officeholder:
18-16 (1) was a candidate for an office other than a
18-17 judicial office; or
18-18 (2) held an office other than a judicial office,
18-19 unless the person had become a candidate for judicial office.
18-20 (b) The principal political committee of a [A] candidate
18-21 or[,] officeholder[,] or a specific-purpose committee for
18-22 supporting, opposing, or assisting a [the] candidate or
18-23 officeholder may not use a political contribution to make a
18-24 campaign expenditure for an office other than a judicial office or
18-25 to make an officeholder expenditure in connection with an office
18-26 other than a judicial office if the contribution was accepted while
18-27 the candidate or officeholder:
19-1 (1) was a candidate for a judicial office; or
19-2 (2) held a judicial office, unless the person had
19-3 become a candidate for another office.
19-4 (c) This section does not prohibit the principal political
19-5 committee of a candidate or officeholder from making a political
19-6 contribution to the principal political committee of another
19-7 candidate or officeholder.
19-8 SECTION 24. Sections 253.1611(a)-(d), Election Code, are
19-9 amended to read as follows:
19-10 (a) The principal political committee of a [A] judicial
19-11 candidate or officeholder or a specific-purpose committee for
19-12 supporting or opposing two or more [a] judicial candidates
19-13 [candidate] or assisting two or more [a] judicial officeholders
19-14 [officeholder] may not use a political contribution to make
19-15 political contributions that in the aggregate exceed $100 in a
19-16 calendar year to the principal political committee of a candidate
19-17 or officeholder.
19-18 (b) The principal political committee of a [A] judicial
19-19 candidate or a specific-purpose committee for supporting or
19-20 opposing two or more [a] judicial candidates [candidate] may not
19-21 use a political contribution to make political contributions to a
19-22 political committee in connection with a primary election.
19-23 (c) The principal political committee of a [A] judicial
19-24 candidate or a specific-purpose committee for supporting or
19-25 opposing two or more [a] judicial candidates [candidate] may not
19-26 use a political contribution to make a political contribution to a
19-27 political committee that, when aggregated with each other political
20-1 contribution to a political committee in connection with a general
20-2 election, exceeds $500.
20-3 (d) The principal political committee of a [A] judicial
20-4 officeholder or a specific-purpose committee for assisting two or
20-5 more [a] judicial officeholders [officeholder] may not use a
20-6 political contribution to make a political contribution to a
20-7 political committee in any calendar year in which the office held
20-8 is not on the ballot.
20-9 SECTION 25. Sections 253.162(a) and (b), Election Code, are
20-10 amended to read as follows:
20-11 (a) A judicial candidate or officeholder who makes political
20-12 contributions to the person's principal political committee
20-13 [expenditures] from the person's personal funds may not reimburse
20-14 the personal funds from political contributions in amounts that in
20-15 the aggregate exceed, for each election in which the person's name
20-16 appears on the ballot:
20-17 (1) for a statewide judicial office, $100,000; or
20-18 (2) for an office other than a statewide judicial
20-19 office, five times the applicable contribution limit under Section
20-20 253.155.
20-21 (b) A principal political committee of a [A] judicial
20-22 candidate or officeholder that [who] accepts one or more political
20-23 contributions in the form of loans, including an extension of
20-24 credit or a guarantee of a loan or extension of credit, from one or
20-25 more persons related to the candidate or officeholder within the
20-26 second degree by consanguinity, as determined under Subchapter B,
20-27 Chapter 573, Government Code, may not use political contributions
21-1 to repay the loans.
21-2 SECTION 26. Sections 253.163(a), (b), and (d), Election
21-3 Code, are amended to read as follows:
21-4 (a) A person other than the principal political committee of
21-5 a judicial candidate or[,] officeholder[,] or the principal
21-6 political committee of the state executive committee or a county
21-7 executive committee of a political party may not make political
21-8 expenditures that in the aggregate exceed $5,000 for the purpose of
21-9 supporting or opposing a candidate for an office other than a
21-10 statewide judicial office or assisting such a candidate as an
21-11 officeholder unless the person files with the authority with whom a
21-12 campaign treasurer appointment by the principal political committee
21-13 of a candidate for the office is required to be filed a written
21-14 declaration of the person's intent to make expenditures that exceed
21-15 the limit prescribed by this subsection.
21-16 (b) A person other than the principal political committee of
21-17 a judicial candidate or[,] officeholder[,] or the principal
21-18 political committee of the state executive committee or a county
21-19 executive committee of a political party may not make political
21-20 expenditures that in the aggregate exceed $25,000 for the purpose
21-21 of supporting or opposing a candidate for a statewide judicial
21-22 office or assisting such a candidate as an officeholder unless the
21-23 person files with the commission a written declaration of the
21-24 person's intent to make expenditures that exceed the limit
21-25 prescribed by this subsection.
21-26 (d) A declaration received under Subsection (a) or (b) shall
21-27 be filed with the records of the principal political committee of
22-1 each judicial candidate or officeholder on whose behalf the person
22-2 filing the declaration intends to make political expenditures. If
22-3 the person intends to make only political expenditures opposing a
22-4 judicial candidate, the declaration shall be filed with the records
22-5 of the principal political committee of each candidate for the
22-6 office.
22-7 SECTION 27. Sections 253.164(a)-(c), Election Code, are
22-8 amended to read as follows:
22-9 (a) When a person becomes a candidate for a judicial office,
22-10 the person shall file with the authority with whom the candidate's
22-11 principal political committee is required to file its campaign
22-12 treasurer appointment [is required to be filed]:
22-13 (1) a sworn declaration of compliance stating that the
22-14 person voluntarily agrees to comply with the limits on expenditures
22-15 prescribed by this subchapter; or
22-16 (2) a written declaration of the person's intent to
22-17 make expenditures that exceed the limits prescribed by this
22-18 subchapter.
22-19 (b) The limits on contributions and on reimbursement of
22-20 personal funds prescribed by this subchapter apply to complying
22-21 candidates and their principal political committees unless
22-22 suspended as provided by Section 253.165 or 253.170. The limits on
22-23 contributions and on reimbursement of personal funds prescribed by
22-24 this subchapter apply to noncomplying candidates and their
22-25 principal political committees regardless of whether the limits on
22-26 contributions, expenditures, and reimbursement of personal funds
22-27 are suspended with respect to [for] complying candidates.
23-1 (c) The principal political committee of a [A] judicial
23-2 candidate may not knowingly accept a campaign contribution or make
23-3 or authorize a campaign expenditure before the candidate files a
23-4 declaration under Subsection (a).
23-5 SECTION 28. Sections 253.165(a), (b), and (e), Election
23-6 Code, are amended to read as follows:
23-7 (a) A complying candidate and the candidate's principal
23-8 political committee are [or a specific-purpose committee for
23-9 supporting a complying candidate is] not required to comply with
23-10 the limits on contributions, expenditures, and the reimbursement of
23-11 personal funds prescribed by this subchapter if another person
23-12 becomes a candidate for the same office and:
23-13 (1) files a declaration of intent to exceed the limits
23-14 on expenditures under Section 253.164(a)(2);
23-15 (2) fails to file a declaration of compliance under
23-16 Section 253.164(a)(1) or a declaration of intent under Section
23-17 253.164(a)(2);
23-18 (3) files a declaration of compliance under Section
23-19 253.164(a)(1) but later exceeds the limits on expenditures; or
23-20 (4) violates Section 253.173 or 253.174.
23-21 (b) The executive director of the commission shall issue an
23-22 order suspending the limits on contributions and expenditures for a
23-23 specific office not later than the fifth day after the date the
23-24 executive director determines that:
23-25 (1) a person has become a candidate for that office
23-26 and:
23-27 (A) has filed a declaration of intent to exceed
24-1 the limits on expenditures under Section 253.164(a)(2); or
24-2 (B) has failed to file a declaration of
24-3 compliance under Section 253.164(a)(1) or a declaration of intent
24-4 under Section 253.164(a)(2);
24-5 (2) the principal political committee of a complying
24-6 candidate for that office has exceeded the limit on expenditures
24-7 prescribed by this subchapter; or
24-8 (3) a candidate for that office has violated Section
24-9 253.173 or 253.174.
24-10 (e) A county clerk who receives a written allegation that
24-11 the principal campaign committee of a complying candidate has
24-12 exceeded the limit on expenditures or that a candidate has engaged
24-13 in conduct prohibited by Section 253.173 or 253.174 shall deliver a
24-14 copy of the allegation to the executive director of the commission
24-15 not later than the fifth day after the date the county clerk
24-16 receives the allegation. The county clerk shall, at no cost to the
24-17 commission, deliver to the executive director by mail or telephonic
24-18 facsimile machine copies of documents relevant to the allegation
24-19 not later than 48 hours after the executive director requests the
24-20 documents.
24-21 SECTION 29. Section 253.168(a), Election Code, is amended to
24-22 read as follows:
24-23 (a) For each election in which the candidate is involved,
24-24 the principal political committee of a complying candidate may not
24-25 knowingly make or authorize political expenditures that in the
24-26 aggregate exceed:
24-27 (1) for a statewide judicial office, $2 million;
25-1 (2) for the office of chief justice or justice, court
25-2 of appeals:
25-3 (A) $500,000, if the population of the judicial
25-4 district is more than one million; or
25-5 (B) $350,000, if the population of the judicial
25-6 district is one million or less; or
25-7 (3) for an office other than an office covered by
25-8 Subdivision (1) or (2):
25-9 (A) $350,000, if the population of the judicial
25-10 district is more than one million;
25-11 (B) $200,000, if the population of the judicial
25-12 district is 250,000 to one million; or
25-13 (C) $100,000, if the population of the judicial
25-14 district is less than 250,000.
25-15 SECTION 30. Section 253.169, Election Code, is amended to
25-16 read as follows:
25-17 Sec. 253.169. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
25-18 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.168, an
25-19 expenditure by a specific-purpose committee for the purpose of
25-20 supporting a candidate, opposing the candidate's opponent, or
25-21 assisting the candidate as an officeholder is considered to be an
25-22 expenditure by the principal political committee of the candidate
25-23 unless the candidate, in an affidavit filed with the authority with
25-24 whom the candidate's principal political committee is required to
25-25 file its campaign treasurer appointment [is required to be filed],
25-26 states that the candidate's campaign, including the candidate, an
25-27 aide to the candidate, a campaign officer, or a campaign consultant
26-1 of the candidate, has not directly or indirectly communicated with
26-2 the specific-purpose committee in regard to a strategic matter,
26-3 including polling data, advertising, or voter demographics, in
26-4 connection with the candidate's campaign.
26-5 (b) This section applies only to an expenditure of which the
26-6 principal campaign committee of the candidate or officeholder has
26-7 notice.
26-8 (c) An affidavit under this section shall be filed with the
26-9 next report the principal political committee of the candidate or
26-10 officeholder is required to file under Chapter 254 following the
26-11 receipt of notice of the expenditure.
26-12 SECTION 31. Sections 253.170(a) and (b), Election Code, are
26-13 amended to read as follows:
26-14 (a) A complying candidate for an office other than a
26-15 statewide judicial office and the candidate's principal political
26-16 committee are [or a specific-purpose committee for supporting such
26-17 a candidate is] not required to comply with the limits on
26-18 contributions, expenditures, and the reimbursement of personal
26-19 funds prescribed by this subchapter if a person other than the
26-20 candidate's opponent or the principal political committee of the
26-21 state executive committee or a county executive committee of a
26-22 political party makes political expenditures that in the aggregate
26-23 exceed $5,000 for the purpose of supporting the candidate's
26-24 opponent, opposing the candidate, or assisting the candidate's
26-25 opponent as an officeholder.
26-26 (b) A complying candidate for a statewide judicial office
26-27 and the candidate's principal political committee are [or a
27-1 specific-purpose committee for supporting such a candidate is] not
27-2 required to comply with the limits on contributions, expenditures,
27-3 and the reimbursement of personal funds prescribed by this
27-4 subchapter if a person other than the principal political committee
27-5 of the candidate's opponent or the principal political committee of
27-6 the state executive committee or a county executive committee of a
27-7 political party makes political expenditures that in the aggregate
27-8 exceed $25,000 for the purpose of supporting the candidate's
27-9 opponent, opposing the candidate, or assisting the candidate's
27-10 opponent as an officeholder.
27-11 SECTION 32. Section 253.171(a), Election Code, is amended to
27-12 read as follows:
27-13 (a) Except as provided by Subsection (b), a political
27-14 contribution to the principal political committee of a complying
27-15 candidate or a direct campaign expenditure on behalf of a complying
27-16 candidate that is made by the principal political committee of the
27-17 state executive committee or a county executive committee of a
27-18 political party is considered to be a political expenditure by the
27-19 principal political committee of the candidate for purposes of the
27-20 expenditure limits prescribed by Section 253.168.
27-21 SECTION 33. Section 253.172(a), Election Code, is amended to
27-22 read as follows:
27-23 (a) The principal political committee of a [A] candidate who
27-24 files a declaration of compliance under Section 253.164(a)(1) and
27-25 who later files a declaration of intent to exceed the limits on
27-26 expenditures under Section 253.164(a)(2) or a specific-purpose
27-27 committee for supporting such a candidate may not make a political
28-1 expenditure that causes the person to exceed the applicable limit
28-2 on expenditures prescribed by Section 253.168 before the 60th day
28-3 after the date the candidate files the declaration of intent to
28-4 exceed the limits on expenditures.
28-5 SECTION 34. Section 254.001, Election Code, is amended to
28-6 read as follows:
28-7 Sec. 254.001. RECORDKEEPING REQUIRED. (a) [Each candidate
28-8 and each officeholder shall maintain a record of all reportable
28-9 activity.]
28-10 [(b)] Each campaign treasurer of a political committee shall
28-11 maintain a record of all reportable activity.
28-12 (b) [(c)] The record must contain the information that is
28-13 necessary for filing the reports required by this chapter.
28-14 (c) [(d)] A person required to maintain a record under this
28-15 section shall preserve the record for at least two years beginning
28-16 on the filing deadline for the report containing the information in
28-17 the record.
28-18 (d) [(e)] A person who violates this section commits an
28-19 offense. An offense under this section is a Class B misdemeanor.
28-20 SECTION 35. Section 254.031(a), Election Code, is amended to
28-21 read as follows:
28-22 (a) Except as otherwise provided by this chapter, each
28-23 report filed under this chapter must include:
28-24 (1) the amount of political contributions from each
28-25 person that in the aggregate exceed $50 and that are accepted
28-26 during the reporting period by the [person or] committee required
28-27 to file a report under this chapter, the full name and address of
29-1 the person making the contributions, and the dates of the
29-2 contributions;
29-3 (2) the amount of loans that are made during the
29-4 reporting period for campaign or officeholder purposes to the
29-5 [person or] committee required to file the report and that in the
29-6 aggregate exceed $50, the dates the loans are made, the interest
29-7 rate, the maturity date, the type of collateral for the loans, if
29-8 any, the full name and address of the person or financial
29-9 institution making the loans, the full name and address, principal
29-10 occupation, and name of the employer of each guarantor of the
29-11 loans, the amount of the loans guaranteed by each guarantor, and
29-12 the aggregate principal amount of all outstanding loans as of the
29-13 last day of the reporting period;
29-14 (3) the amount of political expenditures that in the
29-15 aggregate exceed $50 and that are made during the reporting period,
29-16 the full name and address of the persons to whom the expenditures
29-17 are made, and the dates and purposes of the expenditures;
29-18 (4) the amount of each payment made during the
29-19 reporting period from a political contribution if the payment is
29-20 not a political expenditure, the full name and address of the
29-21 person to whom the payment is made, and the date and purpose of the
29-22 payment;
29-23 (5) the total amount or a specific listing of the
29-24 political contributions of $50 or less accepted and the total
29-25 amount or a specific listing of the political expenditures of $50
29-26 or less made during the reporting period;
29-27 (6) the total amount of all political contributions
30-1 accepted and the total amount of all political expenditures made
30-2 during the reporting period; and
30-3 (7) the name of each candidate or officeholder who
30-4 benefits from a direct campaign expenditure made during the
30-5 reporting period by the person or committee required to file the
30-6 report, and the office sought or held, excluding a direct campaign
30-7 expenditure that is made by the principal political committee of a
30-8 political party on behalf of a slate of two or more nominees of
30-9 that party.
30-10 SECTION 36. Sections 254.034(a) and (d), Election Code, are
30-11 amended to read as follows:
30-12 (a) A determination to accept or refuse a political
30-13 contribution that is received by a [candidate, officeholder, or]
30-14 political committee shall be made not later than the end of the
30-15 reporting period during which the contribution is received.
30-16 (d) A person [candidate, officeholder, or political
30-17 committee] commits an offense if the person knowingly fails to
30-18 return a political contribution as required by Subsection (c).
30-19 SECTION 37. Sections 254.036(c)-(e), Election Code, are
30-20 amended to read as follows:
30-21 (c) A [candidate, officeholder, or] political committee that
30-22 is required to file reports with the commission may file reports
30-23 that comply with Subsection (a) if the [candidate, officeholder,
30-24 or] campaign treasurer of the committee files with the commission
30-25 an affidavit stating that the [candidate, officeholder, or]
30-26 committee, an agent of the [candidate, officeholder, or] committee,
30-27 or a person with whom the [candidate, officeholder, or] committee
31-1 contracts does not use computer equipment to keep the current
31-2 records of political contributions, political expenditures, or
31-3 persons making political contributions to the [candidate,
31-4 officeholder, or] committee. An affidavit under this subsection
31-5 must be filed with each report filed under Subsection (a). The
31-6 affidavit must include a statement that the [candidate,
31-7 officeholder, or] political committee understands that if the
31-8 [candidate, officeholder, or] committee, a consultant of the
31-9 [candidate, officeholder, or] committee, or a person with whom the
31-10 [candidate, officeholder, or] committee contracts uses computer
31-11 equipment for a purpose described by this subsection, the
31-12 [candidate, officeholder, or] committee is required to file reports
31-13 under Subsection (b).
31-14 (d) A [candidate, officeholder, or] political committee that
31-15 is required to file reports with the commission, other than the
31-16 principal political committee of a candidate for or holder of a
31-17 statewide office or a specific-purpose committee for supporting or
31-18 opposing such a candidate or assisting such an officeholder, may
31-19 file reports that comply with Subsection (a) if the [candidate or]
31-20 committee does not accept political contributions that in the
31-21 aggregate exceed $20,000 or make political expenditures that in the
31-22 aggregate exceed $20,000 in a calendar year. A [candidate,
31-23 officeholder, or] political committee that exceeds $20,000 in
31-24 political contributions or political expenditures in a calendar
31-25 year shall file reports as required by Subsection (b) for:
31-26 (1) any reporting period during the calendar year in
31-27 which the limit prescribed by this subsection is exceeded, other
32-1 than a reporting period that has ended on the date the limit is
32-2 exceeded; and
32-3 (2) each reporting period during a calendar year
32-4 subsequent to the calendar year in which the limit is exceeded.
32-5 (e) The principal political committee of a [A] candidate for
32-6 an office described by Section 252.005(5) or a specific-purpose
32-7 committee for supporting or opposing only candidates for an office
32-8 described by Section 252.005(5) or a measure described by Section
32-9 252.007(5) may file reports that comply with Subsection (a).
32-10 SECTION 38. Section 254.038, Election Code, is amended by
32-11 amending the heading and Subsection (a) to read as follows:
32-12 Sec. 254.038. TELEGRAM REPORT BY CERTAIN [CANDIDATES AND]
32-13 POLITICAL COMMITTEES. (a) In addition to other reports required by
32-14 this chapter, the following persons shall file additional reports
32-15 during the period beginning the ninth day before election day and
32-16 ending at 12 noon on the second day before election day:
32-17 (1) the principal political committee of a candidate
32-18 for state senator who has an opponent whose name is to appear on
32-19 the ballot and that [who] accepts political contributions from a
32-20 person that in the aggregate exceed $1,000 during that reporting
32-21 period;
32-22 (2) the principal political committee of a candidate
32-23 for state representative who has an opponent whose name is to
32-24 appear on the ballot and that [who] accepts political contributions
32-25 from a person that in the aggregate exceed $200 during that
32-26 reporting period;
32-27 (3) a specific-purpose committee for supporting or
33-1 opposing two or more candidates [a candidate] for state senator and
33-2 that accepts political contributions from a person that in the
33-3 aggregate exceed $1,000 during that reporting period; and
33-4 (4) a specific-purpose committee for supporting or
33-5 opposing two or more candidates [a candidate] for state
33-6 representative and that accepts political contributions from a
33-7 person that in the aggregate exceed $200 during that reporting
33-8 period.
33-9 SECTION 39. Section 254.0391(a), Election Code, is amended
33-10 to read as follows:
33-11 (a) The principal political committee of a [A] statewide
33-12 officeholder, a member of the legislature, [or a specific-purpose
33-13 committee for supporting, opposing, or assisting a statewide
33-14 officeholder or member of the legislature,] or a candidate for
33-15 statewide office or the legislature or a specific-purpose committee
33-16 for supporting or opposing two or more candidates for statewide
33-17 office or the legislature or for assisting two or more statewide
33-18 officeholders or members of the legislature [the candidate,] that
33-19 accepts a political contribution during the period beginning on the
33-20 date the governor signs the proclamation calling a special
33-21 legislative session and continuing through the date of final
33-22 adjournment shall report the contribution to the commission not
33-23 later than the 30th day after the date of final adjournment.
33-24 SECTION 40. Section 254.041(c), Election Code, is amended to
33-25 read as follows:
33-26 (c) A violation of Subsection (a)(3) [(a)(2)] by the
33-27 principal political committee of a candidate or officeholder is a
34-1 Class A misdemeanor if the report fails to include information
34-2 required by Section 254.061(3) or Section 254.091(2), as
34-3 applicable.
34-4 SECTION 41. Section 254.042(a), Election Code, is amended to
34-5 read as follows:
34-6 (a) The commission shall determine from any available
34-7 evidence whether a report, other than a telegram report under
34-8 Section 254.038 or 254.039, required to be filed with the
34-9 commission under this chapter is late. On making that
34-10 determination, the commission shall immediately mail a notice of
34-11 the determination to the political committee [person] required to
34-12 file the report.
34-13 SECTION 42. The heading to Subchapter C, Chapter 254,
34-14 Election Code, is amended to read as follows:
34-15 SUBCHAPTER C. REPORTING BY PRINCIPAL POLITICAL COMMITTEE OF
34-16 CANDIDATE
34-17 SECTION 43. Section 254.061, Election Code, is amended to
34-18 read as follows:
34-19 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
34-20 to the contents required by Section 254.031, each report by the
34-21 principal political committee of a candidate must include:
34-22 (1) the candidate's full name and address, the office
34-23 sought, and the identity and date of the election for which the
34-24 report is filed;
34-25 (2) the campaign treasurer's name, residence or
34-26 business street address, and telephone number;
34-27 (3) for each political committee from which the
35-1 principal political committee [candidate] received notice under
35-2 Section 254.128 or 254.161:
35-3 (A) the committee's full name and address;
35-4 (B) an indication of whether the committee is a
35-5 general-purpose committee or a specific-purpose committee; and
35-6 (C) the full name and address of the committee's
35-7 campaign treasurer;
35-8 (4) the full name and address of each individual
35-9 acting as a campaign treasurer of a political committee under
35-10 Section 253.062 from whom the principal political committee
35-11 [candidate] received notice under Section 254.128 or 254.161; and
35-12 (5) on a separate page or pages of the report, the
35-13 identification of any payment from political contributions made to
35-14 a business in which the candidate has a participating interest of
35-15 more than 10 percent, holds a position on the governing body of the
35-16 business, or serves as an officer of the business.
35-17 SECTION 44. Section 254.0611, Election Code, is amended by
35-18 amending the heading and Subsection (a) to read as follows:
35-19 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY PRINCIPAL
35-20 POLITICAL COMMITTEE OF CERTAIN JUDICIAL CANDIDATES. (a) In
35-21 addition to the contents required by Sections 254.031 and 254.061,
35-22 each report by the principal political committee of a candidate for
35-23 a judicial office covered by Subchapter F, Chapter 253, must
35-24 include:
35-25 (1) the total amount of political contributions,
35-26 including interest or other income, maintained in one or more
35-27 accounts in which political contributions are deposited as of the
36-1 last day of the reporting period;
36-2 (2) for each individual from whom the principal
36-3 political committee [person] filing the report has accepted
36-4 political contributions that in the aggregate exceed $50 and that
36-5 are accepted during the reporting period:
36-6 (A) the principal occupation and job title of
36-7 the individual and the full name of the employer of the individual
36-8 or of the law firm of which the individual or the individual's
36-9 spouse is a member, if any; or
36-10 (B) if the individual is a child, the full name
36-11 of the law firm of which either of the individual's parents is a
36-12 member, if any;
36-13 (3) a specific listing of each asset valued at $500 or
36-14 more that was purchased with political contributions and on hand as
36-15 of the last day of the reporting period;
36-16 (4) for each political contribution accepted by the
36-17 principal political committee [person] filing the report but not
36-18 received as of the last day of the reporting period:
36-19 (A) the full name and address of the person
36-20 making the contribution;
36-21 (B) the amount of the contribution; and
36-22 (C) the date of the contribution; and
36-23 (5) for each outstanding loan to the principal
36-24 political committee [person] filing the report as of the last day
36-25 of the reporting period:
36-26 (A) the full name and address of the person or
36-27 financial institution making the loan; and
37-1 (B) the full name and address of each guarantor
37-2 of the loan other than the candidate.
37-3 SECTION 45. Sections 254.063-254.066, Election Code, are
37-4 amended to read as follows:
37-5 Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
37-6 POLITICAL COMMITTEE OF CANDIDATE. (a) The principal political
37-7 committee of a [A] candidate shall file two reports for each year
37-8 as provided by this section.
37-9 (b) The first report shall be filed not later than July 15.
37-10 The report covers the period beginning January 1, the day the
37-11 principal political committee's [candidate's] campaign treasurer
37-12 appointment is filed, or the first day after the period covered by
37-13 the last report required to be filed under this subchapter, as
37-14 applicable, and continuing through June 30.
37-15 (c) The second report shall be filed not later than January
37-16 15. The report covers the period beginning July 1, the day the
37-17 principal political committee's [candidate's] campaign treasurer
37-18 appointment is filed, or the first day after the period covered by
37-19 the last report required to be filed under this subchapter, as
37-20 applicable, and continuing through December 31.
37-21 Sec. 254.064. ADDITIONAL REPORTS OF PRINCIPAL POLITICAL
37-22 COMMITTEE OF OPPOSED CANDIDATE. (a) In addition to other
37-23 required reports, for each election in which a person is a
37-24 candidate and has an opponent whose name is to appear on the
37-25 ballot, the person's principal political committee [person] shall
37-26 file two reports.
37-27 (b) The first report shall be filed not later than the 30th
38-1 day before election day. The report covers the period beginning
38-2 the day the principal political committee's [candidate's] campaign
38-3 treasurer appointment is filed or the first day after the period
38-4 covered by the last report required to be filed under this chapter,
38-5 as applicable, and continuing through the 40th day before election
38-6 day.
38-7 (c) The second report shall be filed not later than the
38-8 eighth day before election day. The report covers the period
38-9 beginning the 39th day before election day and continuing through
38-10 the 10th day before election day.
38-11 (d) If a person becomes an opposed candidate after a
38-12 reporting period prescribed by Subsection (b) or (c), the person's
38-13 principal political committee [person] shall file the committee's
38-14 [person's] first report not later than the regular deadline for the
38-15 report covering the period during which the person becomes an
38-16 opposed candidate. The period covered by the first report begins
38-17 the day the committee's [candidate's] campaign treasurer
38-18 appointment is filed.
38-19 (e) In addition to other required reports, the principal
38-20 political committee of an opposed candidate in a runoff election
38-21 shall file one report for that election. The runoff election
38-22 report shall be filed not later than the eighth day before runoff
38-23 election day. The report covers the period beginning the ninth day
38-24 before the date of the main election and continuing through the
38-25 10th day before runoff election day.
38-26 Sec. 254.065. FINAL REPORT. (a) If the principal political
38-27 committee of a candidate expects no reportable activity in
39-1 connection with the candidacy to occur after the period covered by
39-2 a report filed under this subchapter, the committee [candidate] may
39-3 designate the report as a "final" report.
39-4 (b) The designation of a report as a final report:
39-5 (1) relieves the principal political committee
39-6 [candidate] of the duty to file additional reports under this
39-7 subchapter, except as provided by Subsection (c); and
39-8 (2) terminates the committee's [candidate's] campaign
39-9 treasurer appointment.
39-10 (c) If, after a principal political committee's
39-11 [candidate's] final report is filed, reportable activity with
39-12 respect to the candidacy occurs, the committee [candidate] shall
39-13 file the appropriate reports under this subchapter and is otherwise
39-14 subject to the provisions of this title applicable to principal
39-15 political committees of candidates. A report filed under this
39-16 subsection may be designated as a final report.
39-17 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. (a) Except
39-18 as provided by Subsection (b), reports under this subchapter shall
39-19 be filed with the authority with whom the principal political
39-20 committee's [candidate's] campaign treasurer appointment is
39-21 required to be filed.
39-22 (b) A report required to be filed under this subchapter by
39-23 the principal political committee of a candidate for a judicial
39-24 district office filled by voters of only one county shall also be
39-25 filed with the county clerk.
39-26 SECTION 46. Sections 254.091-254.092, Election Code, are
39-27 amended to read as follows:
40-1 Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition to
40-2 the contents required by Section 254.031, each report by the
40-3 principal political committee of an officeholder must include:
40-4 (1) the officeholder's full name and address and the
40-5 office held;
40-6 (2) for each political committee from which the
40-7 officeholder received notice under Section 254.128 or 254.161:
40-8 (A) the committee's full name and address;
40-9 (B) an indication of whether the committee is a
40-10 general-purpose committee or a specific-purpose committee; and
40-11 (C) the full name and address of the committee's
40-12 campaign treasurer; and
40-13 (3) on a separate page or pages of the report, the
40-14 identification of any payment from political contributions made to
40-15 a business in which the officeholder has a participating interest
40-16 of more than 10 percent, holds a position on the governing body of
40-17 the business, or serves as an officer of the business.
40-18 Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
40-19 JUDICIAL OFFICEHOLDERS. In addition to the contents required by
40-20 Sections 254.031 and 254.091, each report by the principal
40-21 political committee of a holder of a judicial office covered by
40-22 Subchapter F, Chapter 253, must include the contents prescribed by
40-23 Section 254.0611.
40-24 Sec. 254.092. CERTAIN OFFICEHOLDER EXPENDITURES EXCLUDED.
40-25 The principal political committee of an [An] officeholder is not
40-26 required to report officeholder expenditures made from the
40-27 officeholder's personal funds, except as provided by Section
41-1 253.035(h).
41-2 SECTION 47. Section 254.093, Election Code, is amended by
41-3 amending the heading and Subsection (a) to read as follows:
41-4 Sec. 254.093. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL
41-5 POLITICAL COMMITTEE OF OFFICEHOLDER. (a) The principal political
41-6 committee of an [An] officeholder shall file two reports for each
41-7 year as provided by this section.
41-8 SECTION 48. Sections 254.095-254.097, Election Code, are
41-9 amended to read as follows:
41-10 Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
41-11 reporting period prescribed by this subchapter the principal
41-12 political committee of an officeholder who is required to file a
41-13 report with an authority other than the commission has not accepted
41-14 political contributions that in the aggregate exceed $500 or made
41-15 political expenditures that in the aggregate exceed $500, the
41-16 committee [officeholder] is not required to file a report covering
41-17 that period.
41-18 Sec. 254.096. OFFICEHOLDER WHO BECOMES CANDIDATE. The
41-19 principal political committee of an [An] officeholder who becomes a
41-20 candidate is subject to Subchapter C during each period covered by
41-21 a report required to be filed under Subchapter C.
41-22 Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. (a) Except
41-23 as provided by Subsection (b), reports under this subchapter shall
41-24 be filed with the authority with whom the principal political
41-25 committee's [a] campaign treasurer appointment [by a candidate for
41-26 the office held by the officeholder] is required to be filed.
41-27 (b) A report required to be filed under this subchapter by
42-1 the principal political committee of a holder of a judicial
42-2 district office filled by voters of only one county shall also be
42-3 filed with the county clerk.
42-4 SECTION 49. Section 254.121, Election Code, is amended to
42-5 read as follows:
42-6 Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. In addition
42-7 to the contents required by Section 254.031, each report by a
42-8 campaign treasurer of a specific-purpose committee must include:
42-9 (1) the committee's full name and address;
42-10 (2) the full name, residence or business street
42-11 address, and telephone number of the committee's campaign
42-12 treasurer;
42-13 (3) the identity and date of the election for which
42-14 the report is filed, if applicable;
42-15 (4) the name of each candidate and each measure
42-16 supported or opposed by the committee, indicating for each whether
42-17 the committee supports or opposes;
42-18 (5) the name of each officeholder assisted by the
42-19 committee;
42-20 (6) the amount of each political expenditure in the
42-21 form of a political contribution that is made to [a candidate,
42-22 officeholder, or] another political committee and that is returned
42-23 to the committee during the reporting period, the name of the
42-24 committee [person] to whom the expenditure was originally made, and
42-25 the date it is returned;
42-26 (7) on a separate page or pages of the report, the
42-27 identification of any payment from political contributions made to
43-1 a business in which a [the] candidate or officeholder supported or
43-2 assisted by the committee has a participating interest of more than
43-3 10 percent, holds a position on the governing body of the business,
43-4 or serves as an officer of the business; and
43-5 (8) on a separate page or pages of the report, the
43-6 identification of any contribution from a corporation or labor
43-7 organization made and accepted under Subchapter D, Chapter 253.
43-8 SECTION 50. Section 254.126, Election Code, is amended by
43-9 amending the heading and Subsection (a) to read as follows:
43-10 Sec. 254.126. DISSOLUTION REPORT OF COMMITTEE FOR ASSISTING
43-11 OFFICEHOLDERS [OFFICEHOLDER]. (a) If a specific-purpose committee
43-12 for assisting only officeholders [an officeholder] expects no
43-13 reportable activity to occur after the period covered by a report
43-14 filed under this subchapter, the committee's campaign treasurer may
43-15 designate the report as a "dissolution" report.
43-16 SECTION 51. Section 254.128(a), Election Code, is amended to
43-17 read as follows:
43-18 (a) If a specific-purpose committee accepts political
43-19 contributions or makes political expenditures for a candidate or
43-20 officeholder, the committee's campaign treasurer shall deliver
43-21 written notice of that fact to the principal political committee of
43-22 the affected candidate or officeholder not later than the end of
43-23 the period covered by the report in which the reportable activity
43-24 occurs.
43-25 SECTION 52. Section 254.151, Election Code, is amended to
43-26 read as follows:
43-27 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
44-1 to the contents required by Section 254.031, each report by a
44-2 campaign treasurer of a general-purpose committee must include:
44-3 (1) the committee's full name and address;
44-4 (2) the full name, residence or business street
44-5 address, and telephone number of the committee's campaign
44-6 treasurer;
44-7 (3) the identity and date of the election for which
44-8 the report is filed, if applicable;
44-9 (4) the name of each identified candidate or measure
44-10 or classification by party of candidates supported or opposed by
44-11 the committee, indicating whether the committee supports or opposes
44-12 each listed candidate, measure, or classification by party of
44-13 candidates;
44-14 (5) the name of each identified officeholder or
44-15 classification by party of officeholders assisted by the committee;
44-16 (6) the principal occupation of each person from whom
44-17 political contributions that in the aggregate exceed $50 are
44-18 accepted during the reporting period;
44-19 (7) the amount of each political expenditure in the
44-20 form of a political contribution made to [a candidate,
44-21 officeholder, or] another political committee that is returned to
44-22 the committee during the reporting period, the name of the
44-23 committee [person] to whom the expenditure was originally made, and
44-24 the date it is returned; and
44-25 (8) on a separate page or pages of the report, the
44-26 identification of any contribution from a corporation or labor
44-27 organization made and accepted under Subchapter D, Chapter 253.
45-1 SECTION 53. Section 254.181(a), Election Code, is amended
45-2 to read as follows:
45-3 (a) The principal political committee of an [An] opposed
45-4 candidate or a specific-purpose committee required to file reports
45-5 under Subchapter C or E may file a report under this subchapter
45-6 instead if the [candidate or] committee does not intend to accept
45-7 political contributions that in the aggregate exceed $500 or to
45-8 make political expenditures that in the aggregate exceed $500 in
45-9 connection with the election.
45-10 SECTION 54. Section 254.182, Election Code, is amended to
45-11 read as follows:
45-12 Sec. 254.182. DECLARATION OF INTENT REQUIRED. (a) To be
45-13 entitled to file reports under this subchapter, the principal
45-14 political committee of an opposed candidate or a specific-purpose
45-15 committee must file with the campaign treasurer appointment a
45-16 written declaration of intent not to exceed $500 in political
45-17 contributions or political expenditures in the election.
45-18 (b) The declaration of intent must contain a statement that
45-19 the [candidate or] committee understands that if the $500 maximum
45-20 for contributions and expenditures is exceeded, the [candidate or]
45-21 committee is required to file reports under Subchapter C or E, as
45-22 applicable.
45-23 SECTION 55. Sections 254.183(a), (b), and (d), Election
45-24 Code, are amended to read as follows:
45-25 (a) The principal political committee of an [An] opposed
45-26 candidate or a specific-purpose committee that exceeds $500 in
45-27 political contributions or political expenditures in the election
46-1 shall file reports as required by Subchapter C or E, as applicable.
46-2 (b) If a [candidate or] committee exceeds the $500 maximum
46-3 after the filing deadline prescribed by Subchapter C or E for the
46-4 first report required to be filed under the appropriate subchapter,
46-5 the [candidate or] committee shall file a report not later than 48
46-6 hours after the maximum is exceeded.
46-7 (d) The reporting period for the next report filed by the
46-8 [candidate or] committee begins on the day after the last day of
46-9 the period covered by the report filed under Subsection (b).
46-10 SECTION 56. Section 254.184, Election Code, is amended to
46-11 read as follows:
46-12 Sec. 254.184. APPLICABILITY OF REGULAR REPORTING
46-13 REQUIREMENTS. (a) Subchapter C or E, as applicable, applies to
46-14 the principal political committee of an opposed candidate or a
46-15 specific-purpose committee filing under this subchapter to the
46-16 extent that the appropriate subchapter does not conflict with this
46-17 subchapter.
46-18 (b) A [candidate or] committee filing under this subchapter
46-19 is not required to file any reports of political contributions and
46-20 political expenditures other than the semiannual reports required
46-21 to be filed not later than July 15 and January 15.
46-22 SECTION 57. Section 254.201(a), Election Code, is amended to
46-23 read as follows:
46-24 (a) This section applies to:
46-25 (1) a former officeholder who has unexpended political
46-26 contributions after the officeholder's principal political
46-27 committee files [filing] the last report required to be filed by
47-1 Subchapter D; or
47-2 (2) a person who was an unsuccessful candidate who has
47-3 unexpended political contributions after the candidate's principal
47-4 political committee files [filing] the last report required to be
47-5 filed by Subchapter C.
47-6 SECTION 58. Section 254.203(a), Election Code, is amended to
47-7 read as follows:
47-8 (a) A person may not retain political contributions covered
47-9 by this title, assets purchased with the contributions, or interest
47-10 and other income earned on the contributions for more than six
47-11 years after the date the person either ceases to be an officeholder
47-12 or candidate or the person's principal political committee files a
47-13 final report under this chapter, whichever is later.
47-14 SECTION 59. Sections 254.204(a) and (d), Election Code, are
47-15 amended to read as follows:
47-16 (a) At the end of the six-year period prescribed by Section
47-17 254.203, the former officeholder or candidate shall remit any
47-18 unexpended political contributions to one or more of the following:
47-19 (1) the political party with which the person was
47-20 affiliated when the person's name last appeared on a ballot;
47-21 (2) a [candidate or] political committee;
47-22 (3) the comptroller [of public accounts] for deposit
47-23 in the state treasury [State Treasury];
47-24 (4) one or more persons from whom political
47-25 contributions were received, in accordance with Subsection (d);
47-26 (5) a recognized tax-exempt, charitable organization
47-27 formed for educational, religious, or scientific purposes; or
48-1 (6) a public or private postsecondary educational
48-2 institution or an institution of higher education as defined by
48-3 Section 61.003 [61.003(8)], Education Code, solely for the purpose
48-4 of assisting or creating a scholarship program.
48-5 (d) The amount of political contributions disposed of under
48-6 Subsection (a)(4) to one person may not exceed the aggregate amount
48-7 accepted from that person during the last two years that the
48-8 principal political committee of the candidate or officeholder
48-9 accepted contributions under this title.
48-10 SECTION 60. Section 254.231(b), Election Code, is amended to
48-11 read as follows:
48-12 (b) The principal political committee of each [Each]
48-13 opposing candidate whose name appears on the ballot is entitled to
48-14 recover damages under this section.
48-15 SECTION 61. Section 254.094, Election Code, is repealed.
48-16 SECTION 62. (a) Not later than September 15, 2001, each
48-17 person who on September 1, 2001, is a candidate, as that term is
48-18 defined by Section 251.001, Election Code, or an officeholder
48-19 covered by Title 15, Election Code, shall designate a principal
48-20 political committee as required by Section 251.010, Election Code,
48-21 as added by this Act.
48-22 (b) Not later than the 15th day after the date a candidate
48-23 or officeholder designates a principal political committee as
48-24 required by Subsection (a) of this section, the person shall
48-25 transfer to the committee each asset that the person holds in the
48-26 person's capacity as a candidate or officeholder.
48-27 (c) Not later than the 15th day after the date a candidate
49-1 or officeholder designates a principal political committee as
49-2 required by Subsection (a) of this section, the committee shall
49-3 assume each liability of the person in the person's capacity as a
49-4 candidate or officeholder.
49-5 SECTION 63. (a) Chapter 254, Election Code, as amended by
49-6 this Act, applies only to the reporting of a political contribution
49-7 accepted or political expenditure made on or after September 1,
49-8 2001. The reporting of a political contribution accepted or a
49-9 political expenditure made before that date is governed by the law
49-10 in effect at the time the contribution or expenditure was accepted
49-11 or made, and the former law is continued in effect for that
49-12 purpose.
49-13 (b) Subchapter H, Chapter 254, Election Code, as amended by
49-14 this Act, applies only to a person who is a candidate, as that term
49-15 is defined by Section 251.001, Election Code, or an officeholder
49-16 subject to Title 15, Election Code, on September 1, 2001. A person
49-17 who is a former candidate or former officeholder on September 1,
49-18 2001, is subject to Subchapter H, Chapter 254, Election Code, as
49-19 that subchapter existed immediately before amendment by this Act,
49-20 and the former law is continued in effect for that purpose.
49-21 SECTION 64. This Act takes effect September 1, 2001.