By: Shapiro, et al. S.B. No. 6
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fair conduct of elections and election campaigns;
1-3 providing penalties.
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 Subdivisions (2) and (8) and adding Subdivisions (21) and
1-7 (22) to read as follows:
1-8 (2) "Contribution" means a direct or indirect transfer
1-9 of money, goods, services, or any other thing of value and includes
1-10 an agreement made or other obligation incurred, whether legally
1-11 enforceable or not, to make a transfer. The term includes a loan
1-12 or extension of credit, other than those expressly excluded by this
1-13 subdivision, and a guarantee of a loan or extension of credit,
1-14 including a loan described by this subdivision. The term does not
1-15 include:
1-16 (A) a loan made in the due course of business by
1-17 a corporation that is legally engaged in the business of lending
1-18 money and that has conducted the business continuously for more
1-19 than one year before the loan is made; [or]
1-20 (B) an expenditure required to be reported under
1-21 Section 305.006(b), Government Code; or
1-22 (C) the value of services provided without
1-23 compensation by any individual who volunteers on behalf of a
1-24 candidate, officeholder, or political committee.
1-25 (8) "Direct campaign expenditure" means an expenditure
2-1 by a person for, or related to, political advertising that contains
2-2 express advocacy and is not made with the cooperation of, in
2-3 consultation with, in concert with, or at the request or suggestion
2-4 of a candidate or officeholder or any agent or political committee
2-5 controlled by the candidate or officeholder. Political advertising
2-6 is made with the cooperation of, in consultation with, in concert
2-7 with, or at the request or suggestion of a candidate or
2-8 officeholder or any agent or political committee controlled by the
2-9 candidate or officeholder only if it is a coordinated general
2-10 public political communication as defined by this section [a
2-11 campaign expenditure that does not constitute a campaign
2-12 contribution by the person making the expenditure].
2-13 (21) "Coordinated general public political
2-14 communication" means political advertising that is:
2-15 (A) paid for by a person other than a candidate
2-16 or officeholder or a political committee controlled by the
2-17 candidate or officeholder; and
2-18 (B) created, produced, or distributed:
2-19 (i) at the explicit request or suggestion
2-20 of the candidate or officeholder or a political committee
2-21 controlled by or an authorized agent of the candidate or
2-22 officeholder;
2-23 (ii) after the candidate or officeholder
2-24 or the candidate's agent has exercised control or decision-making
2-25 authority over the content, timing, location, mode, intended
2-26 audience, volume of distribution, or frequency of placement of the
3-1 communication; or
3-2 (iii) after substantial discussion or
3-3 negotiation between the creator, producer, or distributor of the
3-4 communication, or the person paying for the communication, and the
3-5 candidate or officeholder or a political committee controlled by or
3-6 authorized agent of the candidate or officeholder regarding the
3-7 content, timing, location, mode, intended audience, volume of
3-8 distribution, or frequency of placement of the communication, the
3-9 result of which is substantial collaboration or agreement amounting
3-10 to a partnership or joint venture between the other person and the
3-11 candidate or officeholder with respect to the political
3-12 communication.
3-13 (22) "Express advocacy" means a communication that
3-14 advocates the election or defeat of a clearly identified candidate
3-15 or officeholder or measure by containing a word or phrase such as
3-16 "vote for," "reelect," "support," "cast your ballot for," "(name of
3-17 candidate) for legislature," "(name of candidate or measure) in
3-18 2002," "vote against," "defeat," or "reject."
3-19 SECTION 2. Section 251.005, Election Code, is amended to
3-20 read as follows:
3-21 Sec. 251.005. ELECTRONIC FILING FOR OUT-OF-STATE COMMITTEES
3-22 [EXCLUDED]. (a) An out-of-state political committee that files
3-23 reports with the Federal Election Commission or with the election
3-24 authority of another state is not required to file such reports
3-25 with the Texas Ethics Commission if all of the committee's reports
3-26 are available electronically. An out-of-state political committee
4-1 that elects not to file reports with the Texas Ethics Commission
4-2 shall file a one-page notice with the commission stating that:
4-3 (1) the committee files reports with the Federal
4-4 Election Commission or with the election authority of another
4-5 state; and
4-6 (2) those reports include contributions or
4-7 expenditures made by the committee in connection with elections in
4-8 Texas. [An out-of-state political committee is not subject to
4-9 Chapter 252 or 254, except as provided by Subsection (b) or (c).]
4-10 (b) A report filed with another state is not considered to
4-11 be available electronically under Subsection (a) if the Texas
4-12 Ethics Commission determines that the disclosure requirements of
4-13 the other state are less than the disclosure requirements of this
4-14 state [If an out-of-state committee decides to file a campaign
4-15 treasurer appointment under Chapter 252, at the time the
4-16 appointment is filed the committee becomes subject to this title to
4-17 the same extent as a political committee that is not an
4-18 out-of-state committee.]
4-19 [(c) If an out-of-state committee performs an activity that
4-20 removes the committee from out-of-state status as defined by
4-21 Section 251.001(15), the committee becomes subject to this title to
4-22 the same extent as a political committee that is not an
4-23 out-of-state committee].
4-24 SECTION 3. Subchapter A, Chapter 251, Election Code, is
4-25 amended by adding Section 251.010 to read as follows:
4-26 Sec. 251.010. PROTECTION OF INFORMATION. (a) Recognizing
5-1 that contributor information required to be included in reports
5-2 required by Chapter 254 is proprietary information having
5-3 substantial value, no information obtained from any reports
5-4 required to be maintained or filed under this title may, without
5-5 the express written consent of the filer, be sold or used by any
5-6 person other than the filer:
5-7 (1) for soliciting contributions for any purpose; or
5-8 (2) for any commercial purposes.
5-9 (b) The use of information that is copied or otherwise
5-10 obtained from reports filed under this title in newspapers,
5-11 magazines, books, or other similar communications is permissible if
5-12 the principal purpose of the communication is to educate the public
5-13 and not to communicate any contributor information listed on the
5-14 reports for the purpose of soliciting contributions or for other
5-15 commercial purposes.
5-16 (c) A person required to report contributions under Chapter
5-17 254 may submit up to 10 pseudonyms on each report filed in order to
5-18 protect against illegal use of names and addresses of contributors
5-19 provided that the total amount of fictitious contributions does not
5-20 exceed the greater of five percent of contributions reported or
5-21 $2,500. If a filer uses pseudonyms, the filer shall subtract the
5-22 total dollar amount of the fictitious contributions from the total
5-23 of unitemized contributions required to be reported under Section
5-24 254.031(6). Any filer who uses pseudonyms shall submit a list of
5-25 the pseudonyms and amounts contributed separately to the commission
5-26 on or before the date on which the report containing the fictitious
6-1 names is filed. The commission shall exclude the list of
6-2 pseudonyms from the public records, and the list shall be kept
6-3 confidential by the commission and may not be disclosed to the
6-4 public for any reason without the express written consent of the
6-5 filer.
6-6 (d) In addition to any penalties imposed by the commission,
6-7 any person found to have violated Subsection (a) or (c) shall be
6-8 liable in damages to the person filing the report. In this
6-9 subsection, "damages" means the fair market value of the
6-10 contributor information improperly used and the reasonable
6-11 attorney's fees incurred by the filer. In addition to damages, the
6-12 person filing the report shall be entitled as a matter of right to
6-13 an injunction prohibiting a violation of this section and an order
6-14 recovering reasonable attorney's fees incurred to obtain the
6-15 injunctive relief from any district court in this state.
6-16 (e) A filer may not use this section for the purpose of
6-17 circumventing the reporting requirements of this title by
6-18 materially inflating the amount of contributions reported by the
6-19 filer.
6-20 SECTION 4. Subsection (a), Section 252.003, Election Code,
6-21 is amended to read as follows:
6-22 (a) In addition to the information required by Section
6-23 252.002, a campaign treasurer appointment by a general-purpose
6-24 committee must include:
6-25 (1) the full name, and any acronym of the name that
6-26 will be used in the name of the committee as provided by Subsection
7-1 (d), of each corporation, labor organization, or other association
7-2 or legal entity that directly establishes, administers, or controls
7-3 the committee, if applicable, or the name of each person who
7-4 determines to whom the committee makes contributions or the name of
7-5 each person who determines for what purposes the committee makes
7-6 expenditures; and
7-7 (2) [the full name and address of each general-purpose
7-8 committee to whom the committee intends to make political
7-9 contributions; and]
7-10 [(3)] the name of the committee and, if the name is an
7-11 acronym, the words the acronym represents.
7-12 SECTION 5. Subchapter A, Chapter 253, Election Code, is
7-13 amended by adding Section 253.006 to read as follows:
7-14 Sec. 253.006. COERCION PROHIBITED. (a) A person, including
7-15 a candidate, officeholder, or political committee, commits an
7-16 offense if the person uses or threatens to use physical force, job
7-17 discrimination, or financial reprisal to obtain a contribution or
7-18 other thing of value to be used to influence the result of an
7-19 election or to assist an officeholder.
7-20 (b) A candidate, officeholder, or political committee
7-21 commits an offense if the person accepts or uses money or any other
7-22 thing of value that is known by the candidate or officeholder or by
7-23 an officer of the political committee, or an individual who causes
7-24 the political committee to accept or use the money or other thing
7-25 of value, to have been obtained in violation of Subsection (a).
7-26 (c) An offense under this section is a felony of the third
8-1 degree.
8-2 SECTION 6. Section 253.031, Election Code, is amended to
8-3 read as follows:
8-4 Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN
8-5 TREASURER PROHIBITED. (a) A candidate may not knowingly accept a
8-6 campaign contribution or make or authorize a campaign expenditure
8-7 at a time when a campaign treasurer appointment for the candidate
8-8 is not in effect.
8-9 (b) A political committee may not knowingly accept political
8-10 contributions totaling more than $500 or make or authorize
8-11 political expenditures totaling more than $500 at a time when a
8-12 campaign treasurer appointment for the committee is not in effect.
8-13 (c) A political committee that files its appointment of
8-14 treasurer within 30 days before an election may not knowingly make
8-15 or authorize a campaign contribution or campaign expenditure
8-16 supporting or opposing a candidate for an office specified by
8-17 Section 252.005(1) in a primary or general election unless the
8-18 committee files within 48 hours after such appointment of treasurer
8-19 a report that contains the information required by Chapter 254
8-20 covering the period through the date the committee's appointment of
8-21 [campaign] treasurer was [appointment has been] filed [not later
8-22 than the 30th day before the appropriate election day].
8-23 (d) This section does not apply to a political party's
8-24 county executive committee that accepts political contributions or
8-25 makes political expenditures, except that:
8-26 (1) a county executive committee that accepts
9-1 political contributions or makes political expenditures shall
9-2 maintain the records required by Section 254.001; and
9-3 (2) a county executive committee that accepts
9-4 political contributions or makes political expenditures that, in
9-5 the aggregate, exceed $5,000 in a calendar year shall file:
9-6 (A) a campaign treasurer appointment as required
9-7 by Section 252.001 not later than the 15th day after the date that
9-8 amount is exceeded; and
9-9 (B) the reports required by Subchapter F,
9-10 Chapter 254, including in the political committee's first report
9-11 all political contributions accepted and all political expenditures
9-12 made before the effective date of the campaign treasurer
9-13 appointment.
9-14 (e) This section does not apply to an out-of-state political
9-15 committee unless the committee meets the requirements of [is
9-16 subject to Chapter 252 under] Section 251.005.
9-17 (f) A person who violates this section commits an offense.
9-18 An offense under this section is a Class A misdemeanor.
9-19 SECTION 7. Section 253.033, Election Code, is amended to
9-20 read as follows:
9-21 Sec. 253.033. CASH CONTRIBUTIONS EXCEEDING $100 PROHIBITED;
9-22 ANONYMOUS CONTRIBUTIONS. (a) A candidate, officeholder, or
9-23 specific-purpose committee may not knowingly accept from a
9-24 contributor in a reporting period political contributions in cash
9-25 that in the aggregate exceed $100.
9-26 (b) A candidate, officeholder, or political committee that
10-1 receives an anonymous cash contribution in excess of $50 shall
10-2 promptly disburse the amount over $50 to one or more of the
10-3 entities listed in Section 254.204(a)(1), (3), (5), or (6).
10-4 Anonymous cash contributions of $50 or less may be used by the
10-5 candidate, officeholder, or political committee for any lawful
10-6 purpose.
10-7 (c) A person who violates this section commits an offense.
10-8 An offense under this section is a Class A misdemeanor.
10-9 SECTION 8. Subsections (b) and (e), Section 253.042,
10-10 Election Code, are amended to read as follows:
10-11 (b) A candidate or officeholder who accepts one or more
10-12 political contributions in the form of loans, including an
10-13 extension of credit or a guarantee of a loan or extension of
10-14 credit, from one or more persons related to the candidate or
10-15 officeholder within the second degree by affinity or consanguinity
10-16 as determined under Chapter 573, Government Code, may not use
10-17 political contributions to repay the loans in amounts that in the
10-18 aggregate exceed the amount prescribed by Subsection (a). A
10-19 candidate or officeholder may not use political contributions, in
10-20 amounts that in the aggregate exceed the amount prescribed by
10-21 Subsection (a), to repay any other loan or extension of credit for
10-22 which the candidate or officeholder is personally liable or is
10-23 obligated or that the candidate or officeholder guarantees.
10-24 (e) This section does not prohibit the payment of interest
10-25 at a commercially reasonable rate on loans covered by this section
10-26 from a financial institution. A candidate or officeholder may not
11-1 use political contributions to pay [at a commercially reasonable
11-2 rate, except that] interest on loans from a candidate's or
11-3 officeholder's personal funds or on loans from the personal funds
11-4 of any person related to the candidate or officeholder within the
11-5 second degree by affinity or consanguinity [is included in the
11-6 amount prescribed by Subsection (a), (b), or (c)].
11-7 SECTION 9. Section 253.063, Election Code, is amended to
11-8 read as follows:
11-9 Sec. 253.063. TRAVEL EXPENSE. Unreimbursed travel expenses
11-10 incurred by an individual shall not be considered a contribution or
11-11 a [A] direct campaign expenditure and shall not be reportable under
11-12 this subchapter or Chapter 254 [consisting of personal travel
11-13 expenses incurred by an individual may be made without complying
11-14 with Section 253.062(a)(1)].
11-15 SECTION 10. Section 253.098, Election Code, is amended by
11-16 amending Subsection (b) and adding Subsection (c) to read as
11-17 follows:
11-18 (b) A corporation or labor organization may make one or more
11-19 campaign expenditures from its own property for the purpose of
11-20 permitting a candidate to appear and speak at a meeting of its
11-21 directors, officers, stockholders, or members, as applicable, or of
11-22 the families of its directors, officers, stockholders, or members.
11-23 A corporation or labor organization may not make an expenditure
11-24 under this subsection for transportation or lodging.
11-25 (c) An expenditure under this section is not reportable
11-26 under Chapter 254.
12-1 SECTION 11. Subchapter D, Chapter 253, Election Code, is
12-2 amended by adding Section 253.105 to read as follows:
12-3 Sec. 253.105. CONTRIBUTION BY PARTNERSHIP OR LIMITED
12-4 LIABILITY COMPANY. This subchapter does not prohibit a political
12-5 contribution made by a partnership or limited liability company if
12-6 the contribution is not charged to the profits, interest, or
12-7 capital account of a partner or member that is a corporation
12-8 covered by Section 253.091.
12-9 SECTION 12. Section 253.162, Election Code, is amended by
12-10 amending Subsections (b), (c), and (d) and adding Subsections (e)
12-11 and (f) to read as follows:
12-12 (b) A judicial candidate or officeholder may not:
12-13 (1) use political contributions to repay a loan [who
12-14 accepts one or more political contributions in the form of loans],
12-15 including an extension of credit or a guarantee of a loan or
12-16 extension of credit, from one or more persons related to the
12-17 candidate or officeholder within the second degree by
12-18 consanguinity, as determined under [Subchapter B,] Chapter 573,
12-19 Government Code; or
12-20 (2) use political contributions, in amounts that in
12-21 the aggregate exceed the amount prescribed by Subsection (a), to
12-22 repay any other loan or extension of credit for which the candidate
12-23 or officeholder is personally liable or is obligated or that the
12-24 candidate or officeholder guarantees[, may not use political
12-25 contributions to repay the loans].
12-26 (c) The total amount of both reimbursements under Subsection
13-1 (a) and repayments under Subsection (b)(2) made by a judicial
13-2 candidate or officeholder may not exceed the amount prescribed by
13-3 Subsection (a).
13-4 (d) A person who is both a candidate and an officeholder may
13-5 reimburse the person's personal funds or repay loans from political
13-6 contributions only in one capacity.
13-7 (e) This section does not prohibit the payment of interest
13-8 at a commercially reasonable rate on loans covered by this section
13-9 from a financial institution. A judicial candidate or officeholder
13-10 may not use political contributions to pay interest on loans from a
13-11 candidate's or officeholder's personal funds or on loans from the
13-12 personal funds of any person related to the candidate or
13-13 officeholder within the second degree by affinity or consanguinity.
13-14 (f) [(d)] A person who violates this section is liable for a
13-15 civil penalty not to exceed three times the amount by which the
13-16 reimbursement made in violation of this section exceeds the
13-17 applicable limit prescribed by Subsection (a).
13-18 SECTION 13. Subsection (a), Section 254.031, Election Code,
13-19 is amended to read as follows:
13-20 (a) Except as otherwise provided by this chapter, each
13-21 report filed under this chapter must include:
13-22 (1) the amount of political contributions from each
13-23 person that in the aggregate exceed $100 [$50] and that are
13-24 accepted during the reporting period by the person or committee
13-25 required to file a report under this chapter, the full name and
13-26 address of the person making the contributions, and the dates of
14-1 the contributions, and:
14-2 (A) if the contribution is an in-kind
14-3 contribution, a description of the property or services
14-4 contributed; and
14-5 (B) with respect to contributions, other than
14-6 contributions subject to Section 254.151(9), made by any
14-7 partnership, limited liability company, professional corporation,
14-8 or professional association, the name of each partner, member, or
14-9 shareholder, as applicable, whose interest in the entity's profits
14-10 has been charged by the contribution;
14-11 (2) for each individual from whom the person or
14-12 committee required to file the report has accepted political
14-13 contributions that in the aggregate exceed $500 and that are
14-14 accepted during the reporting period:
14-15 (A) the individual's principal occupation or job
14-16 title; and
14-17 (B) the full name of the individual's employer,
14-18 if any;
14-19 (3) the original principal amount of loans that are
14-20 made during the reporting period for campaign or officeholder
14-21 purposes to the person or committee required to file the report and
14-22 that in the aggregate exceed $100 [$50], the dates the loans are
14-23 made, the interest rate, the maturity date, the type of collateral
14-24 for the loans, if any, the full name and address of the person or
14-25 financial institution making the loans, the full name and address,
14-26 principal occupation, and name of the employer of each guarantor of
15-1 the loans, the amount of the loans guaranteed by each guarantor,
15-2 and on a separate schedule the full name and address of the person
15-3 or financial institution making each loan, the date each loan was
15-4 made, the original principal amount of each loan, and the
15-5 [aggregate] principal amount of each [all] outstanding loan [loans]
15-6 as of the last day of the reporting period;
15-7 (4) [(3)] the amount of political expenditures that in
15-8 the aggregate exceed $100 [$50] and that are made during the
15-9 reporting period, the full name and address of the persons to whom
15-10 the expenditures are made, and the dates and purposes of the
15-11 expenditures;
15-12 (5) [(4)] the amount of each payment made during the
15-13 reporting period from a political contribution if the payment is
15-14 not a political expenditure, the full name and address of the
15-15 person to whom the payment is made, and the date and purpose of the
15-16 payment;
15-17 (6) [(5)] the total amount or a specific listing of
15-18 the political contributions of $100 [$50] or less accepted and the
15-19 total amount or a specific listing of the political expenditures of
15-20 $100 [$50] or less made during the reporting period;
15-21 (7) [(6)] the total amount of all political
15-22 contributions accepted and the total amount of all political
15-23 expenditures made during the reporting period; [and]
15-24 (8) [(7)] the name of each candidate or officeholder
15-25 who benefits from a direct campaign expenditure made during the
15-26 reporting period by the person or committee required to file the
16-1 report, and the office sought or held, excluding a direct campaign
16-2 expenditure that is made by the principal political committee of a
16-3 political party on behalf of a slate of two or more nominees of
16-4 that party; and
16-5 (9) the total amount of funds, including interest or
16-6 other income, maintained in one or more accounts in which political
16-7 contributions are deposited as of the last day of the reporting
16-8 period.
16-9 SECTION 14. Subchapter B, Chapter 254, Election Code, is
16-10 amended by adding Sections 254.0312 and 254.0313 to read as
16-11 follows:
16-12 Sec. 254.0312. BEST EFFORTS. (a) A person required to file
16-13 a report under this chapter is considered to have used best efforts
16-14 to obtain, maintain, and report the information required by Section
16-15 254.031(a)(2) if the person or the person's campaign treasurer
16-16 complies with this section.
16-17 (b) Each written solicitation for political contributions
16-18 from an individual must include:
16-19 (1) a request for the individual's full name and
16-20 address, the individual's principal occupation or job title, and
16-21 the full name of the individual's employer; and
16-22 (2) a statement of state law regarding the collection
16-23 and reporting of individual contributor information, such as:
16-24 (A) "State law requires (a candidate,
16-25 officeholder, or committee, as applicable) to use best efforts to
16-26 request and report the full name and address, principal occupation
17-1 or job title, and full name of employer of individuals whose
17-2 contributions exceed $500 in a reporting period."; or
17-3 (B) "To comply with state law, (a candidate,
17-4 officeholder, or committee, as applicable) must use best efforts to
17-5 request, maintain, and report the full name and address, principal
17-6 occupation or job title, and full name of employer of individuals
17-7 whose contributions exceed $500 in a reporting period."
17-8 (c) For each political contribution received from an
17-9 individual which, when aggregated with all other political
17-10 contributions received from the individual during the reporting
17-11 period, exceeds $500 and for which the information required by
17-12 Section 254.031(a)(2) is not provided, the person must make at
17-13 least one oral or written request for the missing information. A
17-14 request under this subsection:
17-15 (1) must be made not later than the 30th day after the
17-16 date the contribution is received; and
17-17 (2) may not be made in conjunction with a solicitation
17-18 for an additional political contribution.
17-19 (d) A request under Subsection (c) that is made in writing
17-20 must include a clear and conspicuous statement that complies with
17-21 Subsection (b)(2) and a preaddressed envelope or postcard for
17-22 responding to the request. A request that is made orally must be
17-23 documented in writing.
17-24 (e) A person must report any information required by Section
17-25 254.031(a)(2) that is not provided by the individual making the
17-26 contribution and that the person has in the person's records of
18-1 political contributions or previous reports under this chapter.
18-2 (f) Instead of the request and statement required by
18-3 Subsection (b), a person may use any disclosure containing a
18-4 similar request and statement that has been approved by the Federal
18-5 Election Commission.
18-6 Sec. 254.0313. REPORTING BY OUT-OF-STATE POLITICAL
18-7 COMMITTEE. Instead of the information required by Sections
18-8 254.031(a)(4), (6), and (7), each report filed under this chapter
18-9 by an out-of-state political committee must include:
18-10 (1) the amount of political expenditures in connection
18-11 with elections in this state that in the aggregate exceed $100 and
18-12 that are made during the reporting period, the full name and
18-13 address of the persons to whom the expenditures are made, and the
18-14 dates and purposes of the expenditures;
18-15 (2) the total amount or a specific listing of the
18-16 political contributions of $100 or less accepted and the total
18-17 amount or a specific listing of the political expenditures in
18-18 connection with elections in this state of $100 or less made during
18-19 the reporting period; and
18-20 (3) the total amount of all political contributions
18-21 accepted and the total amount of all political expenditures in
18-22 connection with elections in this state made during the reporting
18-23 period.
18-24 SECTION 15. Subsection (a), Section 254.038, Election Code,
18-25 is amended to read as follows:
18-26 (a) In addition to other reports required by this chapter,
19-1 the following persons shall file additional reports during the
19-2 period beginning the ninth day before election day and ending at 12
19-3 noon on the second day before election day:
19-4 (1) a candidate for statewide office who has an
19-5 opponent whose name is to appear on the ballot and who accepts
19-6 political contributions from a person that in the aggregate exceed
19-7 $1,000 during that reporting period;
19-8 (2) a candidate for state senator who has an opponent
19-9 whose name is to appear on the ballot and who accepts political
19-10 contributions from a person that in the aggregate exceed $1,000
19-11 during that reporting period;
19-12 (3) [(2)] a candidate for state representative who has
19-13 an opponent whose name is to appear on the ballot and who accepts
19-14 political contributions from a person that in the aggregate exceed
19-15 $200 during that reporting period;
19-16 (4) a specific-purpose committee for supporting or
19-17 opposing a candidate for statewide office and that accepts
19-18 political contributions from a person that in the aggregate exceed
19-19 $1,000 during that reporting period;
19-20 (5) [(3)] a specific-purpose committee for supporting
19-21 or opposing a candidate for state senator and that accepts
19-22 political contributions from a person that in the aggregate exceed
19-23 $1,000 during that reporting period; and
19-24 (6) [(4)] a specific-purpose committee for supporting
19-25 or opposing a candidate for state representative and that accepts
19-26 political contributions from a person that in the aggregate exceed
20-1 $200 during that reporting period.
20-2 SECTION 16. Subchapter B, Chapter 254, Election Code, is
20-3 amended by adding Section 254.0381 to read as follows:
20-4 Sec. 254.0381. TELEGRAM REPORT OF CERTAIN DIRECT CAMPAIGN
20-5 EXPENDITURES. (a) In addition to other reports required by this
20-6 chapter, a person or general-purpose committee that makes direct
20-7 campaign expenditures that in the aggregate exceed $5,000 during
20-8 the period beginning the ninth day before election day and ending
20-9 at 12 noon on the second day before election day shall file a
20-10 report not later than 48 hours after the expenditure is made.
20-11 (b) Each report required by this section must include the
20-12 amount of the expenditures, the full name and address and principal
20-13 occupation of the persons to whom the expenditures are made, and
20-14 the dates of the expenditures.
20-15 (c) A report under this section shall be filed by telegram
20-16 or telephonic facsimile machine or by hand.
20-17 (d) This section does not apply to a direct campaign
20-18 expenditure made by the principal political committee of a
20-19 political party.
20-20 (e) Section 254.036 does not apply to a report required by
20-21 this section.
20-22 SECTION 17. Subsection (c), Section 254.041, Election Code,
20-23 is amended to read as follows:
20-24 (c) A violation of Subsection (a)(1) [(a)(2) by a candidate
20-25 or officeholder] is a Class A misdemeanor if it is shown on the
20-26 trial of the offense that the person intentionally failed to file
21-1 the report on time with knowledge of the legal obligation to file
21-2 the report [fails to include information required by Section
21-3 254.061(3) or Section 254.091(2), as applicable].
21-4 SECTION 18. Subsection (a), Section 254.042, Election Code,
21-5 is amended to read as follows:
21-6 (a) The commission shall determine from any available
21-7 evidence whether a report, other than a telegram report under
21-8 Section 254.038 [or 254.039], required to be filed with the
21-9 commission under this chapter is late. On making that
21-10 determination, the commission shall immediately mail a notice of
21-11 the determination to the person required to file the report.
21-12 SECTION 19. Section 254.061, Election Code, is amended to
21-13 read as follows:
21-14 Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
21-15 to the contents required by Section 254.031, each report by a
21-16 candidate must include:
21-17 (1) the candidate's full name and address, the office
21-18 sought, and the identity and date of the election for which the
21-19 report is filed;
21-20 (2) the campaign treasurer's name, residence or
21-21 business street address, and telephone number; and
21-22 (3) [for each political committee from which the
21-23 candidate received notice under Section 254.128 or 254.161:]
21-24 [(A) the committee's full name and address;]
21-25 [(B) an indication of whether the committee is a
21-26 general-purpose committee or a specific-purpose committee; and]
22-1 [(C) the full name and address of the
22-2 committee's campaign treasurer;]
22-3 [(4) the full name and address of each individual
22-4 acting as a campaign treasurer of a political committee under
22-5 Section 253.062 from whom the candidate received notice under
22-6 Section 254.128 or 254.161; and]
22-7 [(5)] on a separate page or pages of the report, the
22-8 identification of any payment from political contributions made to
22-9 a business in which the candidate has a participating interest of
22-10 more than 10 percent, holds a position on the governing body of the
22-11 business, or serves as an officer of the business.
22-12 SECTION 20. Section 254.091, Election Code, is amended to
22-13 read as follows:
22-14 Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition
22-15 to the contents required by Section 254.031, each report by an
22-16 officeholder must include:
22-17 (1) the officeholder's full name and address and the
22-18 office held; and
22-19 (2) [for each political committee from which the
22-20 officeholder received notice under Section 254.128 or 254.161:]
22-21 [(A) the committee's full name and address;]
22-22 [(B) an indication of whether the committee is a
22-23 general-purpose committee or a specific-purpose committee; and]
22-24 [(C) the full name and address of the
22-25 committee's campaign treasurer; and]
22-26 [(3)] on a separate page or pages of the report, the
23-1 identification of any payment from political contributions made to
23-2 a business in which the officeholder has a participating interest
23-3 of more than 10 percent, holds a position on the governing body of
23-4 the business, or serves as an officer of the business.
23-5 SECTION 21. Section 254.128, Election Code, is amended to
23-6 read as follows:
23-7 Sec. 254.128. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
23-8 IN-KIND CONTRIBUTIONS [AND EXPENDITURES]. (a) If a
23-9 specific-purpose committee, other than a special-purpose committee
23-10 established, controlled, or authorized by the candidate or
23-11 officeholder, [accepts political contributions or] makes political
23-12 expenditures for a candidate or officeholder that constitute an
23-13 in-kind contribution, the committee's campaign treasurer shall
23-14 deliver written notice of that fact to the affected candidate or
23-15 officeholder not later than the end of the period covered by the
23-16 report in which the reportable activity occurs.
23-17 (b) The notice must include the full name and address of the
23-18 political committee and its campaign treasurer, [and] an indication
23-19 that the committee is a specific-purpose committee, and the amount
23-20 and nature of the contribution.
23-21 (c) A campaign treasurer commits an offense if the campaign
23-22 treasurer fails to comply with this section. An offense under this
23-23 section is a Class A misdemeanor.
23-24 SECTION 22. Section 254.151, Election Code, is amended to
23-25 read as follows:
23-26 Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
24-1 to the contents required by Section 254.031, each report by a
24-2 campaign treasurer of a general-purpose committee must include:
24-3 (1) the committee's full name and address;
24-4 (2) the full name, residence or business street
24-5 address, and telephone number of the committee's campaign
24-6 treasurer;
24-7 (3) the identity and date of the election for which
24-8 the report is filed, if applicable;
24-9 (4) the name of each identified candidate or measure
24-10 or classification by party of candidates supported or opposed by
24-11 the committee, indicating whether the committee supports or opposes
24-12 each listed candidate, measure, or classification by party of
24-13 candidates;
24-14 (5) the name of each identified officeholder or
24-15 classification by party of officeholders assisted by the committee;
24-16 (6) the principal occupation of each person from whom
24-17 political contributions that in the aggregate exceed $500 [$50] are
24-18 accepted during the reporting period;
24-19 (7) the amount of each political expenditure in the
24-20 form of a political contribution made to a candidate, officeholder,
24-21 or another political committee that is returned to the committee
24-22 during the reporting period, the name of the person to whom the
24-23 expenditure was originally made, and the date it is returned; [and]
24-24 (8) on a separate page or pages of the report, the
24-25 identification of any contribution from a corporation or labor
24-26 organization made and accepted under Subchapter D, Chapter 253; and
25-1 (9) on a separate page or pages of the report, the
25-2 identification of any contribution made to the committee that is
25-3 intended by the donor to be used by the committee for
25-4 administrative, overhead, or fund-raising expenses, unless the
25-5 contribution is otherwise disclosed elsewhere in the report.
25-6 SECTION 23. Section 254.161, Election Code, is amended to
25-7 read as follows:
25-8 Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
25-9 CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee
25-10 other than the principal political committee of a political party
25-11 or a political committee established by a political party's county
25-12 executive committee [accepts political contributions or] makes
25-13 direct political expenditures for a candidate or officeholder that
25-14 constitute a contribution, notice of that fact shall be given to
25-15 the affected candidate or officeholder as provided by Section
25-16 254.128 for a specific-purpose committee.
25-17 SECTION 24. Section 257.002, Election Code, is amended by
25-18 amending Subsection (b) and adding Subsection (c) to read as
25-19 follows:
25-20 (b) Subject to Subsection (c), a [A] political party that
25-21 accepts contributions authorized by Section 253.104 shall maintain
25-22 the contributions in a separate account.
25-23 (c) Nothing in this title shall prohibit a political party
25-24 from transferring funds held in the account required to be
25-25 maintained under Subsection (b) to another account maintained by
25-26 the political party under the requirements of federal law for the
26-1 purpose of disbursing the political party's funds generally if the
26-2 political party can reasonably demonstrate that the funds are being
26-3 disbursed from the other account in compliance with applicable
26-4 federal law and for permitted uses and purposes.
26-5 SECTION 25. The following laws are repealed:
26-6 (1) Sections 253.032 and 253.037, Election Code;
26-7 (2) Subsection (d), Section 253.100, Election Code;
26-8 (3) Sections 254.032 and 254.033, Election Code; and
26-9 (4) Section 254.039, Election Code.
26-10 SECTION 26. (a) The change in law made by this Act applies
26-11 only to an offense committed on or after the effective date of this
26-12 Act. For purposes of this section, an offense is committed before
26-13 the effective date of this Act if any element of the offense occurs
26-14 before the effective date.
26-15 (b) An offense committed before the effective date of this
26-16 Act is covered by the law in effect when the offense was committed,
26-17 and the former law is continued in effect for that purpose.
26-18 SECTION 27. Sections 253.042 and 253.162, Election Code, as
26-19 amended by this Act, apply only to repayment of a loan or extension
26-20 of credit made on or after September 1, 2001. The repayment of a
26-21 loan or extension of credit made before September 1, 2001, is
26-22 governed by the law in effect on the date the loan or extension of
26-23 credit was made, and the former law is continued in effect for that
26-24 purpose.
26-25 SECTION 28. This Act takes effect September 1, 2001.