1-1 By: Danburg (Senate Sponsor - Shapleigh) H.B. No. 2504
1-2 (In the Senate - Received from the House May 9, 2001;
1-3 May 10, 2001, read first time and referred to Committee on State
1-4 Affairs; May 11, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; May 11, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2504 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to clarifying certain provisions of the law regulating
1-11 political funds and campaigns.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 251.006, Election Code, is amended to read
1-14 as follows:
1-15 Sec. 251.006. FEDERAL OFFICE EXCLUDED. This [(a) Except as
1-16 provided by Subsection (b), this] title does not apply to a
1-17 candidate for an office of the federal government.
1-18 [(b) A candidate for an elective office of the federal
1-19 government shall file with the commission a copy of each document
1-20 relating to the candidacy that is required to be filed under
1-21 federal law. The document shall be filed within the same period in
1-22 which it is required to be filed under the federal law.]
1-23 SECTION 2. Sections 254.0311(e) and (f), Election Code, are
1-24 amended to read as follows:
1-25 (e) A [The first] report shall be filed not later than July
1-26 15. The report covers the period beginning January 1 or the day
1-27 the legislative caucus is organized, as applicable, and continuing
1-28 through June 30.
1-29 (f) A [The second] report shall be filed not later than
1-30 January 15. The report covers the period beginning July 1 or the
1-31 day the legislative caucus is organized, as applicable, and
1-32 continuing through December 31.
1-33 SECTION 3. Section 254.036, Election Code, is amended by
1-34 amending Subsections (b) and (d), repealing Subsection (j),
1-35 amending and redesignating Subsection (k) as a new Subsection (j),
1-36 and redesignating Subsection (l) as a new Subsection (k) to read as
1-37 follows:
1-38 (b) Except as provided by Subsection (c), (d), (e), (f),
1-39 [or] (g), or (j), each report filed under this chapter with the
1-40 commission must be filed by computer diskette, modem, or other
1-41 means of electronic transfer, using computer software provided by
1-42 the commission or computer software that meets commission
1-43 specifications for a standard file format.
1-44 (d) A candidate, officeholder, or political committee that
1-45 is required to file reports with the commission, other than a
1-46 candidate for or holder of a statewide office or a specific-purpose
1-47 committee for supporting or opposing such a candidate or assisting
1-48 such an officeholder, may file reports that comply with Subsection
1-49 (a) if the candidate, officeholder, or committee files with the
1-50 commission an affidavit stating that the candidate, officeholder,
1-51 or committee does not intend to accept political contributions that
1-52 in the aggregate exceed $20,000 or make political expenditures that
1-53 in the aggregate exceed $20,000 in a calendar year. An affidavit
1-54 under this subsection must be filed with each report filed under
1-55 Subsection (a). The affidavit must include a statement that the
1-56 candidate, officeholder, or political committee understands that if
1-57 the candidate, officeholder, or committee exceeds $20,000 in
1-58 political contributions or political expenditures in a calendar
1-59 year, the candidate, officeholder, or committee is required to file
1-60 reports under Subsection (b). A candidate, officeholder, or
1-61 political committee that exceeds $20,000 in political contributions
1-62 or political expenditures in a calendar year shall file reports as
1-63 required by Subsection (b) for:
1-64 (1) any reporting period during the calendar year in
2-1 which the limit prescribed by this subsection is exceeded, other
2-2 than a reporting period that has ended on the date the limit is
2-3 exceeded; and
2-4 (2) each reporting period during a calendar year
2-5 subsequent to the calendar year in which the limit is exceeded.
2-6 (j) [As part of the notification required by Section
2-7 251.033, the commission shall mail the appropriate forms to each
2-8 person required to file a report with the commission during that
2-9 reporting period.]
2-10 [(k)] The commission shall prescribe forms for purposes of
2-11 legislative caucus reports under Section 254.0311 that are separate
2-12 and distinct from forms for other reports under this chapter. A
2-13 legislative caucus or a person required to file an annual report
2-14 of unexpended contributions is subject to the exemptions prescribed
2-15 by this section in the same manner provided for a candidate,
2-16 officeholder, or political committee.
2-17 (k) [(l)] This section applies to a report that is filed
2-18 electronically or otherwise.
2-19 SECTION 4. Section 254.0401(b), Election Code, is amended to
2-20 read as follows:
2-21 (b) Except as otherwise provided by this subsection, the
2-22 commission may not make a report filed with the commission under
2-23 Section 254.036(b) for a reporting deadline by any candidate for a
2-24 particular office or by a specific-purpose committee for supporting
2-25 or opposing only one candidate for a particular office available to
2-26 the public on the Internet until each candidate for that office and
2-27 each specific-purpose committee for supporting or opposing only one
2-28 candidate for that office, other than a candidate or committee to
2-29 which Section 254.036(c) or (d) applies, has filed a report for
2-30 that reporting deadline. Regardless of whether each candidate for
2-31 a particular office and each specific-purpose committee for
2-32 supporting or opposing only one candidate for that office has filed
2-33 a report for a filing deadline, the commission shall make each
2-34 report in connection with that office available on the Internet and
2-35 by any other electronic means on:
2-36 (1) the 21st day after the date of the filing
2-37 deadline, for a report other than a report required to be filed
2-38 under Section 254.064(c) or 254.124(c); or
2-39 (2) the fourth day after the date of the filing
2-40 deadline, for a report required to be filed under Section
2-41 254.064(c) or 254.124(c).
2-42 SECTION 5. Sections 254.063(b) and (c), Election Code, are
2-43 amended to read as follows:
2-44 (b) A [The first] report shall be filed not later than July
2-45 15. The report covers the period beginning January 1, the day the
2-46 candidate's campaign treasurer appointment is filed, or the first
2-47 day after the period covered by the last report required to be
2-48 filed under this subchapter, as applicable, and continuing through
2-49 June 30.
2-50 (c) A [The second] report shall be filed not later than
2-51 January 15. The report covers the period beginning July 1, the day
2-52 the candidate's campaign treasurer appointment is filed, or the
2-53 first day after the period covered by the last report required to
2-54 be filed under this subchapter, as applicable, and continuing
2-55 through December 31.
2-56 SECTION 6. Sections 254.093(b) and (c), Election Code, are
2-57 amended to read as follows:
2-58 (b) A [The first] report shall be filed not later than July
2-59 15. The report covers the period beginning January 1, the day the
2-60 officeholder takes office, or the first day after the period
2-61 covered by the last report required to be filed under this chapter,
2-62 as applicable, and continuing through June 30.
2-63 (c) A [The second] report shall be filed not later than
2-64 January 15. The report covers the period beginning July 1, the day
2-65 the officeholder takes office, or the first day after the period
2-66 covered by the last report required to be filed under this chapter,
2-67 as applicable, and continuing through December 31.
2-68 SECTION 7. Sections 254.123(b) and (c), Election Code, are
2-69 amended to read as follows:
3-1 (b) A [The first] report shall be filed not later than July
3-2 15. The report covers the period beginning January 1, the day the
3-3 committee's campaign treasurer appointment is filed, or the first
3-4 day after the period covered by the last report required to be
3-5 filed under this subchapter, as applicable, and continuing through
3-6 June 30.
3-7 (c) A [The second] report shall be filed not later than
3-8 January 15. The report covers the period beginning July 1, the day
3-9 the committee's campaign treasurer appointment is filed, or the
3-10 first day after the period covered by the last report required to
3-11 be filed under this subchapter, as applicable, and continuing
3-12 through December 31.
3-13 SECTION 8. Sections 254.153(b) and (c), Election Code, are
3-14 amended to read as follows:
3-15 (b) A [The first] report shall be filed not later than July
3-16 15. The report covers the period beginning January 1, the day the
3-17 committee's campaign treasurer appointment is filed, or the first
3-18 day after the period covered by the last report required to be
3-19 filed under this subchapter, as applicable, and continuing through
3-20 June 30.
3-21 (c) A [The second] report shall be filed not later than
3-22 January 15. The report covers the period beginning July 1, the day
3-23 the committee's campaign treasurer appointment is filed, or the
3-24 first day after the period covered by the last report required to
3-25 be filed under this subchapter, as applicable, and continuing
3-26 through December 31.
3-27 SECTION 9. Section 254.037, Election Code, is repealed.
3-28 SECTION 10. This Act takes effect September 1, 2001.
3-29 * * * * *