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.