By Danburg H.B. No. 2504
77R5305 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to clarifying certain provisions of the law regulating
1-3 political funds and campaigns.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.006, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 251.006. FEDERAL OFFICE EXCLUDED. This [(a) Except as
1-8 provided by Subsection (b), this] title does not apply to a
1-9 candidate for an office of the federal government.
1-10 [(b) A candidate for an elective office of the federal
1-11 government shall file with the commission a copy of each document
1-12 relating to the candidacy that is required to be filed under
1-13 federal law. The document shall be filed within the same period in
1-14 which it is required to be filed under the federal law.]
1-15 SECTION 2. Sections 254.0311(e) and (f), Election Code, are
1-16 amended to read as follows:
1-17 (e) A [The first] report shall be filed not later than July
1-18 15. The report covers the period beginning January 1 or the day
1-19 the legislative caucus is organized, as applicable, and continuing
1-20 through June 30.
1-21 (f) A [The second] report shall be filed not later than
1-22 January 15. The report covers the period beginning July 1 or the
1-23 day the legislative caucus is organized, as applicable, and
1-24 continuing through December 31.
2-1 SECTION 3. Section 254.036, Election Code, is amended by
2-2 amending Subsections (b) and (d), repealing Subsection (j),
2-3 amending and redesignating Subsection (k) as a new Subsection (j),
2-4 and redesignating Subsection (l) as a new Subsection (k) to read as
2-5 follows:
2-6 (b) Except as provided by Subsection (c), (d), (e), (f),
2-7 [or] (g), or (j), each report filed under this chapter with the
2-8 commission must be filed by computer diskette, modem, or other
2-9 means of electronic transfer, using computer software provided by
2-10 the commission or computer software that meets commission
2-11 specifications for a standard file format.
2-12 (d) A candidate, officeholder, or political committee that
2-13 is required to file reports with the commission, other than a
2-14 candidate for or holder of a statewide office or a specific-purpose
2-15 committee for supporting or opposing such a candidate or assisting
2-16 such an officeholder, may file reports that comply with Subsection
2-17 (a) if the candidate, officeholder, or committee files with the
2-18 commission an affidavit stating that the candidate, officeholder,
2-19 or committee does not intend to accept political contributions that
2-20 in the aggregate exceed $20,000 or make political expenditures that
2-21 in the aggregate exceed $20,000 in a calendar year. An affidavit
2-22 under this subsection must be filed with each report filed under
2-23 Subsection (a). The affidavit must include a statement that the
2-24 candidate, officeholder, or political committee understands that if
2-25 the candidate, officeholder, or committee exceeds $20,000 in
2-26 political contributions or political expenditures in a calendar
2-27 year, the candidate, officeholder, or committee is required to file
3-1 reports under Subsection (b). A candidate, officeholder, or
3-2 political committee that exceeds $20,000 in political contributions
3-3 or political expenditures in a calendar year shall file reports as
3-4 required by Subsection (b) for:
3-5 (1) any reporting period during the calendar year in
3-6 which the limit prescribed by this subsection is exceeded, other
3-7 than a reporting period that has ended on the date the limit is
3-8 exceeded; and
3-9 (2) each reporting period during a calendar year
3-10 subsequent to the calendar year in which the limit is exceeded.
3-11 (j) [As part of the notification required by Section
3-12 251.033, the commission shall mail the appropriate forms to each
3-13 person required to file a report with the commission during that
3-14 reporting period.]
3-15 [(k)] The commission shall prescribe forms for purposes of
3-16 legislative caucus reports under Section 254.0311 that are separate
3-17 and distinct from forms for other reports under this chapter. A
3-18 legislative caucus or a person required to file an annual report
3-19 of unexpended contributions is subject to the exemptions prescribed
3-20 by this section in the same manner provided for a candidate,
3-21 officeholder, or political committee.
3-22 (k) [(l)] This section applies to a report that is filed
3-23 electronically or otherwise.
3-24 SECTION 4. Section 254.0401(b), Election Code, is amended to
3-25 read as follows:
3-26 (b) Except as otherwise provided by this subsection, the
3-27 commission may not make a report filed with the commission under
4-1 Section 254.036(b) for a reporting deadline by any candidate for a
4-2 particular office or by a specific-purpose committee for supporting
4-3 or opposing only one candidate for a particular office available to
4-4 the public on the Internet until each candidate for that office and
4-5 each specific-purpose committee for supporting or opposing only one
4-6 candidate for that office, other than a candidate or committee to
4-7 which Section 254.036(c) or (d) applies, has filed a report for
4-8 that reporting deadline. Regardless of whether each candidate for
4-9 a particular office and each specific-purpose committee for
4-10 supporting or opposing only one candidate for that office has filed
4-11 a report for a filing deadline, the commission shall make each
4-12 report in connection with that office available on the Internet and
4-13 by any other electronic means on:
4-14 (1) the 21st day after the date of the filing
4-15 deadline, for a report other than a report required to be filed
4-16 under Section 254.064(c) or 254.124(c); or
4-17 (2) the fourth day after the date of the filing
4-18 deadline, for a report required to be filed under Section
4-19 254.064(c) or 254.124(c).
4-20 SECTION 5. Sections 254.063(b) and (c), Election Code, are
4-21 amended to read as follows:
4-22 (b) A [The first] report shall be filed not later than July
4-23 15. The report covers the period beginning January 1, the day the
4-24 candidate's campaign treasurer appointment is filed, or the first
4-25 day after the period covered by the last report required to be
4-26 filed under this subchapter, as applicable, and continuing through
4-27 June 30.
5-1 (c) A [The second] report shall be filed not later than
5-2 January 15. The report covers the period beginning July 1, the day
5-3 the candidate's campaign treasurer appointment is filed, or the
5-4 first day after the period covered by the last report required to
5-5 be filed under this subchapter, as applicable, and continuing
5-6 through December 31.
5-7 SECTION 6. Sections 254.093(b) and (c), Election Code, are
5-8 amended to read as follows:
5-9 (b) A [The first] report shall be filed not later than July
5-10 15. The report covers the period beginning January 1, the day the
5-11 officeholder takes office, or the first day after the period
5-12 covered by the last report required to be filed under this chapter,
5-13 as applicable, and continuing through June 30.
5-14 (c) A [The second] report shall be filed not later than
5-15 January 15. The report covers the period beginning July 1, the day
5-16 the officeholder takes office, or the first day after the period
5-17 covered by the last report required to be filed under this chapter,
5-18 as applicable, and continuing through December 31.
5-19 SECTION 7. Sections 254.123(b) and (c), Election Code, are
5-20 amended to read as follows:
5-21 (b) A [The first] report shall be filed not later than July
5-22 15. The report covers the period beginning January 1, the day the
5-23 committee's campaign treasurer appointment is filed, or the first
5-24 day after the period covered by the last report required to be
5-25 filed under this subchapter, as applicable, and continuing through
5-26 June 30.
5-27 (c) A [The second] report shall be filed not later than
6-1 January 15. The report covers the period beginning July 1, the day
6-2 the committee's campaign treasurer appointment is filed, or the
6-3 first day after the period covered by the last report required to
6-4 be filed under this subchapter, as applicable, and continuing
6-5 through December 31.
6-6 SECTION 8. Sections 254.153(b) and (c), Election Code, are
6-7 amended to read as follows:
6-8 (b) A [The first] report shall be filed not later than July
6-9 15. The report covers the period beginning January 1, the day the
6-10 committee's campaign treasurer appointment is filed, or the first
6-11 day after the period covered by the last report required to be
6-12 filed under this subchapter, as applicable, and continuing through
6-13 June 30.
6-14 (c) A [The second] report shall be filed not later than
6-15 January 15. The report covers the period beginning July 1, the day
6-16 the committee's campaign treasurer appointment is filed, or the
6-17 first day after the period covered by the last report required to
6-18 be filed under this subchapter, as applicable, and continuing
6-19 through December 31.
6-20 SECTION 9. Sections 255.001(a) and (b), Election Code, are
6-21 amended to read as follows:
6-22 (a) A person may not knowingly enter into a contract or
6-23 other agreement to print, publish, or broadcast, or publish on the
6-24 Internet, political advertising that does not indicate in the
6-25 advertising:
6-26 (1) that it is political advertising;
6-27 (2) the full name of either the individual who
7-1 personally entered into the contract or agreement with the printer,
7-2 publisher, or broadcaster or the person that individual represents;
7-3 and
7-4 (3) in the case of advertising that is printed or
7-5 published, except for advertising published on the Internet, the
7-6 address of either the individual who personally entered into the
7-7 agreement with the printer or publisher or the person that
7-8 individual represents.
7-9 (b) This section does not apply to:
7-10 (1) tickets or invitations to political fund-raising
7-11 events;
7-12 (2) [or to] campaign buttons, pins, hats, or similar
7-13 campaign materials; or
7-14 (3) anonymous printed material that is created or
7-15 distributed by an individual using the individual's personal funds
7-16 or resources and that supports or opposes a particular measure or
7-17 issue rather than a particular candidate.
7-18 SECTION 10. Section 254.037, Election Code, is repealed.
7-19 SECTION 11. This Act takes effect September 1, 2001.