1-1     By:  Shapiro, Shapleigh                                  S.B. No. 6
 1-2           (In the Senate - Filed February 7, 2001; February 8, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     March 6, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 1; March 6, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 6                    By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the fair conduct of elections and election campaigns;
1-11     providing penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 251.001, Election Code, is amended by
1-14     amending Subdivisions (2) and (8) and adding Subdivisions (21) and
1-15     (22) to read as follows:
1-16                 (2)  "Contribution" means a direct or indirect transfer
1-17     of money, goods, services, or any other thing of value and includes
1-18     an agreement made or other obligation incurred, whether legally
1-19     enforceable or not, to make a transfer.  The term includes a loan
1-20     or extension of credit, other than those expressly excluded by this
1-21     subdivision, and a guarantee of a loan or extension of credit,
1-22     including a loan described by this subdivision.  The term does not
1-23     include:
1-24                       (A)  a loan made in the due course of business by
1-25     a corporation that is legally engaged in the business of lending
1-26     money and that has conducted the business continuously for more
1-27     than one year before the loan is made; [or]
1-28                       (B)  an expenditure required to be reported under
1-29     Section 305.006(b), Government Code; or
1-30                       (C)  the value of services provided without
1-31     compensation by any individual who volunteers on behalf of a
1-32     candidate, officeholder, or political committee.
1-33                 (8)  "Direct campaign expenditure" means an expenditure
1-34     by a person for, or related to, political advertising that contains
1-35     express advocacy and is not made with the cooperation of, in
1-36     consultation with, in concert with, or at the request or suggestion
1-37     of a candidate or officeholder or any agent or political committee
1-38     controlled by the candidate or officeholder.  Political advertising
1-39     is made with the cooperation of, in consultation with, in concert
1-40     with, or at the request or suggestion of a candidate or
1-41     officeholder or any agent or political committee controlled by the
1-42     candidate or officeholder only if it is a coordinated general
1-43     public political communication as defined by this section [a
1-44     campaign expenditure that does not constitute a campaign
1-45     contribution by the person making the expenditure].
1-46                 (21)  "Coordinated general public political
1-47     communication" means political advertising that is:
1-48                       (A)  paid for by a person other than a candidate
1-49     or officeholder or a political committee controlled by the
1-50     candidate or officeholder; and
1-51                       (B)  created, produced, or distributed:
1-52                             (i)  at the explicit request or suggestion
1-53     of the candidate or officeholder or a political committee
1-54     controlled by or an authorized agent of the candidate or
1-55     officeholder;
1-56                             (ii)  after the candidate or officeholder
1-57     or the candidate's agent has exercised control or decision-making
1-58     authority over the content, timing, location, mode, intended
1-59     audience, volume of distribution, or frequency of placement of the
1-60     communication; or
1-61                             (iii)  after substantial discussion or
1-62     negotiation between the creator, producer, or distributor of the
1-63     communication, or the person paying for the communication, and the
1-64     candidate or officeholder or a political committee controlled by or
 2-1     authorized agent of the candidate or officeholder regarding the
 2-2     content, timing, location, mode, intended audience, volume of
 2-3     distribution, or frequency of placement of the communication, the
 2-4     result of which is substantial collaboration or agreement amounting
 2-5     to a partnership or joint venture between the other person and the
 2-6     candidate or officeholder with respect to the political
 2-7     communication.
 2-8                 (22)  "Express advocacy" means a communication that
 2-9     advocates the election or defeat of a clearly identified candidate
2-10     or officeholder or measure by containing a word or phrase such as
2-11     "vote for," "reelect," "support," "cast your ballot for," "(name of
2-12     candidate) for legislature," "(name of candidate or measure) in
2-13     2002," "vote against," "defeat," or "reject."
2-14           SECTION 2.  Section 251.005, Election Code, is amended to
2-15     read as follows:
2-16           Sec. 251.005.  ELECTRONIC FILING FOR OUT-OF-STATE COMMITTEES
2-17     [EXCLUDED].  (a)  An out-of-state political committee that files
2-18     reports with the Federal Election Commission or with the election
2-19     authority of another state is not required to file such reports
2-20     with the Texas Ethics Commission if all of the committee's reports
2-21     are available electronically.  An out-of-state political committee
2-22     that elects not to file reports with the Texas Ethics Commission
2-23     shall file a one-page notice with the commission stating that:
2-24                 (1)  the committee files reports with the Federal
2-25     Election Commission or with the election authority of another
2-26     state; and
2-27                 (2)  those reports include contributions or
2-28     expenditures made by the committee in connection with elections in
2-29     Texas. [An out-of-state political committee is not subject to
2-30     Chapter 252 or 254, except as provided by Subsection (b) or (c).]
2-31           (b)  A report filed with another state is not considered to
2-32     be available electronically under Subsection (a) if the Texas
2-33     Ethics Commission determines that the disclosure requirements of
2-34     the other state are less than the disclosure requirements of this
2-35     state [If an out-of-state committee decides to file a campaign
2-36     treasurer appointment under Chapter 252, at the time the
2-37     appointment is filed the committee becomes subject to this title to
2-38     the same extent as a political committee that is not an
2-39     out-of-state committee.]
2-40           [(c)  If an out-of-state committee performs an activity that
2-41     removes the committee from out-of-state status as defined by
2-42     Section 251.001(15), the committee becomes subject to this title to
2-43     the same extent as a political committee that is not an
2-44     out-of-state committee].
2-45           SECTION 3.  Subchapter A, Chapter 251, Election Code, is
2-46     amended by adding Section 251.010 to read as follows:
2-47           Sec. 251.010.  PROTECTION OF INFORMATION.  (a)  Recognizing
2-48     that contributor information required to be included in reports
2-49     required by Chapter 254 is proprietary information having
2-50     substantial value, no information obtained from any reports
2-51     required to be maintained or filed under this title may, without
2-52     the express written consent of the filer, be sold or used by any
2-53     person other than the filer:
2-54                 (1)  for soliciting contributions for any purpose; or
2-55                 (2)  for any commercial purposes.
2-56           (b)  The use of information that is copied or otherwise
2-57     obtained from reports filed under this title in newspapers,
2-58     magazines, books, or other similar communications is permissible if
2-59     the principal purpose of the communication is to educate the public
2-60     and not to communicate any contributor information listed on the
2-61     reports for the purpose of soliciting contributions or for other
2-62     commercial purposes.
2-63           (c)  A person required to report contributions under Chapter
2-64     254 may submit up to 10 pseudonyms on each report filed in order to
2-65     protect against illegal use of names and addresses of contributors
2-66     provided that the total amount of fictitious contributions does not
2-67     exceed the greater of five percent of contributions reported or
2-68     $2,500.  If a filer uses pseudonyms, the filer shall subtract the
2-69     total dollar amount of the fictitious contributions from the total
 3-1     of unitemized contributions required to be reported under Section
 3-2     254.031(6).  Any filer who uses pseudonyms shall submit a list of
 3-3     the pseudonyms and amounts contributed separately to the commission
 3-4     on or before the date on which the report containing the fictitious
 3-5     names is filed.  The commission shall exclude the list of
 3-6     pseudonyms from the public records, and the list shall be kept
 3-7     confidential by the commission and may not be disclosed to the
 3-8     public for any reason without the express written consent of the
 3-9     filer.
3-10           (d)  In addition to any penalties imposed by the commission,
3-11     any person found to have violated Subsection (a) or (c) shall be
3-12     liable in damages to the person filing the report.  In this
3-13     subsection, "damages" means the fair market value of the
3-14     contributor information improperly used and the reasonable
3-15     attorney's fees incurred by the filer.  In addition to damages, the
3-16     person filing the report shall be entitled as a matter of right to
3-17     an injunction prohibiting a violation of this section and an order
3-18     recovering reasonable attorney's fees incurred to obtain the
3-19     injunctive relief from any district court in this state.
3-20           (e)  A filer may not use this section for the purpose of
3-21     circumventing the reporting requirements of this title by
3-22     materially inflating the amount of contributions reported by the
3-23     filer.
3-24           SECTION 4.  Subsection (a), Section 252.003, Election Code,
3-25     is amended to read as follows:
3-26           (a)  In addition to the information required by Section
3-27     252.002, a campaign treasurer appointment by a general-purpose
3-28     committee must include:
3-29                 (1)  the full name, and any acronym of the name that
3-30     will be used in the name of the committee as provided by Subsection
3-31     (d), of each corporation, labor organization, or other association
3-32     or legal entity that directly establishes, administers, or controls
3-33     the committee, if applicable, or the name of each person who
3-34     determines to whom the committee makes contributions or the name of
3-35     each person who determines for what purposes the committee makes
3-36     expenditures; and
3-37                 (2)  [the full name and address of each general-purpose
3-38     committee to whom the committee intends to make political
3-39     contributions; and]
3-40                 [(3)]  the name of the committee and, if the name is an
3-41     acronym, the words the acronym represents.
3-42           SECTION 5.  Subchapter A, Chapter 253, Election Code, is
3-43     amended by adding Section 253.006 to read as follows:
3-44           Sec. 253.006.  COERCION PROHIBITED.  (a)  A person, including
3-45     a candidate, officeholder, or political committee, commits an
3-46     offense if the person uses or threatens to use physical force, job
3-47     discrimination, or financial reprisal to obtain a contribution or
3-48     other thing of value to be used to influence the result of an
3-49     election or to assist an officeholder.
3-50           (b)  A candidate, officeholder, or political committee
3-51     commits an offense if the person accepts or uses money or any other
3-52     thing of value that is known by the candidate or officeholder or by
3-53     an officer of the political committee, or an individual who causes
3-54     the political committee to accept or use the money or other thing
3-55     of value, to have been obtained in violation of Subsection (a).
3-56           (c)  An offense under this section is a felony of the third
3-57     degree.
3-58           SECTION 6.  Section 253.031, Election Code, is amended to
3-59     read as follows:
3-60           Sec. 253.031.  CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN
3-61     TREASURER PROHIBITED.  (a)  A candidate may not knowingly accept a
3-62     campaign contribution or make or authorize a campaign expenditure
3-63     at a time when a campaign treasurer appointment for the candidate
3-64     is not in effect.
3-65           (b)  A political committee may not knowingly accept political
3-66     contributions totaling more than $500 or make or authorize
3-67     political expenditures totaling more than $500 at a time when a
3-68     campaign treasurer appointment for the committee is not in effect.
3-69           (c)  A political committee that files its appointment of
 4-1     treasurer within 30 days before an election may not knowingly make
 4-2     or authorize a campaign contribution or campaign expenditure
 4-3     supporting or opposing a candidate for an office specified by
 4-4     Section 252.005(1) in a primary or general election unless the
 4-5     committee files within 48 hours after such appointment of treasurer
 4-6     a report that contains the information required by Chapter 254
 4-7     covering the period through the date the committee's appointment of
 4-8     [campaign] treasurer was [appointment has been] filed [not later
 4-9     than the 30th day before the appropriate election day].
4-10           (d)  This section does not apply to a political party's
4-11     county executive committee that accepts political contributions or
4-12     makes political expenditures, except that:
4-13                 (1)  a county executive committee that accepts
4-14     political contributions or makes political expenditures shall
4-15     maintain the records required by Section 254.001; and
4-16                 (2)  a county executive committee that accepts
4-17     political contributions or makes political expenditures that, in
4-18     the aggregate, exceed $5,000 in a calendar year shall file:
4-19                       (A)  a campaign treasurer appointment as required
4-20     by Section 252.001 not later than the 15th day after the date that
4-21     amount is exceeded; and
4-22                       (B)  the reports required by Subchapter F,
4-23     Chapter 254, including in the political committee's first report
4-24     all political contributions accepted and all political expenditures
4-25     made before the effective date of the campaign treasurer
4-26     appointment.
4-27           (e)  This section does not apply to an out-of-state political
4-28     committee unless the committee meets the requirements of [is
4-29     subject to Chapter 252 under] Section 251.005.
4-30           (f)  A person who violates this section commits an offense.
4-31     An offense under this section is a Class A misdemeanor.
4-32           SECTION 7.  Section 253.033, Election Code, is amended to
4-33     read as follows:
4-34           Sec. 253.033.  CASH CONTRIBUTIONS EXCEEDING $100 PROHIBITED;
4-35     ANONYMOUS CONTRIBUTIONS.  (a)  A candidate, officeholder, or
4-36     specific-purpose committee may not knowingly accept from a
4-37     contributor in a reporting period political contributions in cash
4-38     that in the aggregate exceed $100.
4-39           (b)  A candidate, officeholder, or political committee that
4-40     receives an anonymous cash contribution in excess of $50 shall
4-41     promptly disburse the amount over $50 to one or more of the
4-42     entities listed in Section 254.204(a)(1), (3), (5), or (6).
4-43     Anonymous cash contributions of $50 or less may be used by the
4-44     candidate, officeholder, or political committee for any lawful
4-45     purpose.
4-46           (c)  A person who violates this section commits an offense.
4-47     An offense under this section is a Class A misdemeanor.
4-48           SECTION 8.  Subsections (b) and (e), Section 253.042,
4-49     Election Code, are amended to read as follows:
4-50           (b)  A candidate or officeholder who accepts one or more
4-51     political contributions in the form of loans, including an
4-52     extension of credit or a guarantee of a loan or extension of
4-53     credit, from one or more persons related to the candidate or
4-54     officeholder within the second degree by affinity or consanguinity
4-55     as determined under Chapter 573, Government Code, may not use
4-56     political contributions to repay the loans in amounts that in the
4-57     aggregate exceed the amount prescribed by Subsection (a).  A
4-58     candidate or officeholder may not use political contributions, in
4-59     amounts that in the aggregate exceed the amount prescribed by
4-60     Subsection (a), to repay any other loan or extension of credit for
4-61     which the candidate or officeholder is personally liable or is
4-62     obligated or that the candidate or officeholder guarantees.
4-63           (e)  This section does not prohibit the payment of interest
4-64     at a commercially reasonable rate on loans covered by this section
4-65     from a financial institution.  A candidate or officeholder may not
4-66     use political contributions to pay [at a commercially reasonable
4-67     rate, except that] interest on loans from a candidate's or
4-68     officeholder's personal funds or on loans from the personal funds
4-69     of any person related to the candidate or officeholder within the
 5-1     second degree by affinity or consanguinity [is included in the
 5-2     amount prescribed by Subsection (a), (b), or (c)].
 5-3           SECTION 9.  Section 253.063, Election Code, is amended to
 5-4     read as follows:
 5-5           Sec. 253.063.  TRAVEL EXPENSE.  Unreimbursed travel expenses
 5-6     incurred by an individual shall not be considered a contribution or
 5-7     a [A] direct campaign expenditure and shall not be reportable under
 5-8     this subchapter or Chapter 254 [consisting of personal travel
 5-9     expenses incurred by an individual may be made without complying
5-10     with Section 253.062(a)(1)].
5-11           SECTION 10.  Subchapter D, Chapter 253, Election Code, is
5-12     amended by adding Section 253.105 to read as follows:
5-13           Sec. 253.105.  CONTRIBUTION BY PARTNERSHIP OR LIMITED
5-14     LIABILITY COMPANY.  This subchapter does not prohibit a political
5-15     contribution made by a partnership or limited liability company if
5-16     the contribution is not charged to the profits, interest, or
5-17     capital account of a partner or member that is a corporation
5-18     covered by Section 253.091.
5-19           SECTION 11.  Section 253.162, Election Code, is amended by
5-20     amending Subsections (b), (c), and (d) and adding Subsections (e)
5-21     and (f) to read as follows:
5-22           (b)  A judicial candidate or officeholder may not:
5-23                 (1)  use political contributions to repay a loan [who
5-24     accepts one or more political contributions in the form of loans],
5-25     including an extension of credit or a guarantee of a loan or
5-26     extension of credit, from one or more persons related to the
5-27     candidate or officeholder within the second degree by
5-28     consanguinity, as determined under [Subchapter B,] Chapter 573,
5-29     Government Code; or
5-30                 (2)  use political contributions, in amounts that in
5-31     the aggregate exceed the amount prescribed by Subsection (a), to
5-32     repay any other loan or extension of credit for which the candidate
5-33     or officeholder is personally liable or is obligated or that the
5-34     candidate or officeholder guarantees[, may not use political
5-35     contributions to repay the loans].
5-36           (c)  The total amount of both reimbursements under Subsection
5-37     (a) and repayments under Subsection (b)(2) made by a judicial
5-38     candidate or officeholder may not exceed the amount prescribed by
5-39     Subsection (a).
5-40           (d)  A person who is both a candidate and an officeholder may
5-41     reimburse the person's personal funds or repay loans from political
5-42     contributions only in one capacity.
5-43           (e)  This section does not prohibit the payment of interest
5-44     at a commercially reasonable rate on loans covered by this section
5-45     from a financial institution.  A judicial candidate or officeholder
5-46     may not use political contributions to pay interest on loans from a
5-47     candidate's or officeholder's personal funds or on loans from the
5-48     personal funds of any person related to the candidate or
5-49     officeholder within the second degree by affinity or consanguinity.
5-50           (f) [(d)]  A person who violates this section is liable for a
5-51     civil penalty not to exceed three times the amount by which the
5-52     reimbursement made in violation of this section exceeds the
5-53     applicable limit prescribed by Subsection (a).
5-54           SECTION 12.  Subsection (a), Section 254.031, Election Code,
5-55     is amended to read as follows:
5-56           (a)  Except as otherwise provided by this chapter, each
5-57     report filed under this chapter must include:
5-58                 (1)  the amount of political contributions from each
5-59     person that in the aggregate exceed $100 [$50] and that are
5-60     accepted during the reporting period by the person or committee
5-61     required to file a report under this chapter, the full name and
5-62     address of the person making the contributions, and the dates of
5-63     the contributions, and:
5-64                       (A)  if the contribution is an in-kind
5-65     contribution, a description of the property or services
5-66     contributed; and
5-67                       (B)  with respect to contributions, other than
5-68     contributions subject to Section 254.151(9), made by any
5-69     partnership, limited liability company, professional corporation,
 6-1     or professional association, the name of each partner, member, or
 6-2     shareholder, as applicable, whose interest in the entity's profits
 6-3     has been charged by the contribution;
 6-4                 (2)  for each individual from whom the person or
 6-5     committee required to file the report has accepted political
 6-6     contributions that in the aggregate exceed $500 and that are
 6-7     accepted during the reporting period:
 6-8                       (A)  the individual's principal occupation or job
 6-9     title; and
6-10                       (B)  the full name of the individual's employer,
6-11     if any;
6-12                 (3)  the original principal amount of loans that are
6-13     made during the reporting period for campaign or officeholder
6-14     purposes to the person or committee required to file the report and
6-15     that in the aggregate exceed $100 [$50], the dates the loans are
6-16     made, the interest rate, the maturity date, the type of collateral
6-17     for the loans, if any, the full name and address of the person or
6-18     financial institution making the loans, the full name and address,
6-19     principal occupation, and name of the employer of each guarantor of
6-20     the loans, the amount of the loans guaranteed by each guarantor,
6-21     and on a separate schedule the full name and address of the person
6-22     or financial institution making each loan, the date each loan was
6-23     made, the original principal amount of each loan, and the
6-24     [aggregate] principal amount of each [all] outstanding loan [loans]
6-25     as of the last day of the reporting period;
6-26                 (4) [(3)]  the amount of political expenditures that in
6-27     the aggregate exceed $100 [$50] and that are made during the
6-28     reporting period, the full name and address of the persons to whom
6-29     the expenditures are made, and the dates and purposes of the
6-30     expenditures;
6-31                 (5) [(4)]  the amount of each payment made during the
6-32     reporting period from a political contribution if the payment is
6-33     not a political expenditure, the full name and address of the
6-34     person to whom the payment is made, and the date and purpose of the
6-35     payment;
6-36                 (6) [(5)]  the total amount or a specific listing of
6-37     the political contributions of $100 [$50] or less accepted and the
6-38     total amount or a specific listing of the political expenditures of
6-39     $100 [$50] or less made during the reporting period;
6-40                 (7) [(6)]  the total amount of all political
6-41     contributions accepted and the total amount of all political
6-42     expenditures made during the reporting period; [and]
6-43                 (8) [(7)]  the name of each candidate or officeholder
6-44     who benefits from a direct campaign expenditure made during the
6-45     reporting period by the person or committee required to file the
6-46     report, and the office sought or held, excluding a direct campaign
6-47     expenditure that is made by the principal political committee of a
6-48     political party on behalf of a slate of two or more nominees of
6-49     that party; and
6-50                 (9)  the total amount of funds, including interest or
6-51     other income, maintained in one or more accounts in which political
6-52     contributions are deposited as of the last day of the reporting
6-53     period.
6-54           SECTION 13.  Subchapter B, Chapter 254, Election Code, is
6-55     amended by adding Sections 254.0312 and 254.0313 to read as
6-56     follows:
6-57           Sec. 254.0312.  BEST EFFORTS.  (a)  A person required to file
6-58     a report under this chapter is considered to have used best efforts
6-59     to obtain, maintain, and report the information required by Section
6-60     254.031(a)(2) if the person or the person's campaign treasurer
6-61     complies with this section.
6-62           (b)  Each written solicitation for political contributions
6-63     from an individual must include:
6-64                 (1)  a request for the individual's full name and
6-65     address, the individual's principal occupation or job title, and
6-66     the full name of the individual's employer; and
6-67                 (2)  a statement of state law regarding the collection
6-68     and reporting of individual contributor information, such as:
6-69                       (A)  "State law requires (a candidate,
 7-1     officeholder, or committee, as applicable) to use best efforts to
 7-2     request and report the full name and address, principal occupation
 7-3     or job title, and full name of employer of individuals whose
 7-4     contributions exceed $500 in a reporting period."; or
 7-5                       (B)  "To comply with state law, (a candidate,
 7-6     officeholder, or committee, as applicable) must use best efforts to
 7-7     request, maintain, and report the full name and address, principal
 7-8     occupation or job title, and full name of employer of individuals
 7-9     whose contributions exceed $500 in a reporting period."
7-10           (c)  For each political contribution received from an
7-11     individual which, when aggregated with all other political
7-12     contributions received from the individual during the reporting
7-13     period, exceeds $500 and for which the information required by
7-14     Section 254.031(a)(2) is not provided, the person must make at
7-15     least one oral or written request for the missing information.  A
7-16     request under this subsection:
7-17                 (1)  must be made not later than the 30th day after the
7-18     date the contribution is received; and
7-19                 (2)  may not be made in conjunction with a solicitation
7-20     for an additional political contribution.
7-21           (d)  A request under Subsection (c) that is made in writing
7-22     must include a clear and conspicuous statement that complies with
7-23     Subsection (b)(2) and a preaddressed envelope or postcard for
7-24     responding to the request.  A request that is made orally must be
7-25     documented in writing.
7-26           (e)  A person must report any information required by Section
7-27     254.031(a)(2) that is not provided by the individual making the
7-28     contribution and that the person has in the person's records of
7-29     political contributions or previous reports under this chapter.
7-30           (f)  Instead of the request and statement required by
7-31     Subsection (b), a person may use any disclosure containing a
7-32     similar request and statement that has been approved by the Federal
7-33     Election Commission.
7-34           Sec. 254.0313.  REPORTING BY OUT-OF-STATE POLITICAL
7-35     COMMITTEE.  Instead of the information required by Sections
7-36     254.031(a)(4), (6), and (7), each report filed under this chapter
7-37     by an out-of-state political committee must include:
7-38                 (1)  the amount of political expenditures in connection
7-39     with elections in this state that in the aggregate exceed $100 and
7-40     that are made during the reporting period, the full name and
7-41     address of the persons to whom the expenditures are made, and the
7-42     dates and purposes of the expenditures;
7-43                 (2)  the total amount or a specific listing of the
7-44     political contributions of $100 or less accepted and the total
7-45     amount or a specific listing of the political expenditures in
7-46     connection with elections in this state of $100 or less made during
7-47     the reporting period; and
7-48                 (3)  the total amount of all political contributions
7-49     accepted and the total amount of all political expenditures in
7-50     connection with elections in this state made during the reporting
7-51     period.
7-52           SECTION 14.  Subsection (a), Section 254.038, Election Code,
7-53     is amended to read as follows:
7-54           (a)  In addition to other reports required by this chapter,
7-55     the following persons shall file additional reports during the
7-56     period beginning the ninth day before election day and ending at 12
7-57     noon on the second day before election day:
7-58                 (1)  a candidate for statewide office who has an
7-59     opponent whose name is to appear on the ballot and who accepts
7-60     political contributions from a person that in the aggregate exceed
7-61     $1,000 during that reporting period;
7-62                 (2)  a candidate for state senator who has an opponent
7-63     whose name is to appear on the ballot and who accepts political
7-64     contributions from a person that in the aggregate exceed $1,000
7-65     during that reporting period;
7-66                 (3) [(2)]  a candidate for state representative who has
7-67     an opponent whose name is to appear on the ballot and who accepts
7-68     political contributions from a person that in the aggregate exceed
7-69     $200 during that reporting period;
 8-1                 (4)  a specific-purpose committee for supporting or
 8-2     opposing a candidate for statewide office and that accepts
 8-3     political contributions from a person that in the aggregate exceed
 8-4     $1,000 during that reporting period;
 8-5                 (5) [(3)]  a specific-purpose committee for supporting
 8-6     or opposing a candidate for state senator and that accepts
 8-7     political contributions from a person that in the aggregate exceed
 8-8     $1,000 during that reporting period; and
 8-9                 (6) [(4)]  a specific-purpose committee for supporting
8-10     or opposing a candidate for state representative and that accepts
8-11     political contributions from a person that in the aggregate exceed
8-12     $200 during that reporting period.
8-13           SECTION 15.  Subchapter B, Chapter 254, Election Code, is
8-14     amended by adding Section 254.0381 to read as follows:
8-15           Sec. 254.0381.  TELEGRAM REPORT OF CERTAIN DIRECT CAMPAIGN
8-16     EXPENDITURES.  (a)  In addition to other reports required by this
8-17     chapter, a person or general-purpose committee that makes direct
8-18     campaign expenditures that in the aggregate exceed $5,000 during
8-19     the period beginning the ninth day before election day and ending
8-20     at 12 noon on the second day before election day shall file a
8-21     report not later than 48 hours after the expenditure is made.
8-22           (b)  Each report required by this section must include the
8-23     amount of the expenditures, the full name and address and principal
8-24     occupation of the persons to whom the expenditures are made, and
8-25     the dates of the expenditures.
8-26           (c)  A report under this section shall be filed by telegram
8-27     or telephonic facsimile machine or by hand.
8-28           (d)  This section does not apply to a direct campaign
8-29     expenditure made by the principal political committee of a
8-30     political party.
8-31           (e)  Section 254.036 does not apply to a report required by
8-32     this section.
8-33           SECTION 16.  Subsection (c), Section 254.041, Election Code,
8-34     is amended to read as follows:
8-35           (c)  A violation of Subsection (a)(1) [(a)(2) by a candidate
8-36     or officeholder] is a Class A misdemeanor if it is shown on the
8-37     trial of the offense that the person intentionally failed to file
8-38     the report on time with knowledge of the legal obligation to file
8-39     the report [fails to include information required by Section
8-40     254.061(3) or Section 254.091(2), as applicable].
8-41           SECTION 17.  Subsection (a), Section 254.042, Election Code,
8-42     is amended to read as follows:
8-43           (a)  The commission shall determine from any available
8-44     evidence whether a report, other than a telegram report under
8-45     Section 254.038 [or 254.039], required to be filed with the
8-46     commission under this chapter is late.  On making that
8-47     determination, the commission shall immediately mail a notice of
8-48     the determination to the person required to file the report.
8-49           SECTION 18.  Section 254.061, Election Code, is amended to
8-50     read as follows:
8-51           Sec. 254.061.  ADDITIONAL CONTENTS OF REPORTS.  In addition
8-52     to the contents required by Section 254.031, each report by a
8-53     candidate must include:
8-54                 (1)  the candidate's full name and address, the office
8-55     sought, and the identity and date of the election for which the
8-56     report is filed;
8-57                 (2)  the campaign treasurer's name, residence or
8-58     business street address, and telephone number; and
8-59                 (3)  [for each political committee from which the
8-60     candidate received notice under Section 254.128 or 254.161:]
8-61                       [(A)  the committee's full name and address;]
8-62                       [(B)  an indication of whether the committee is a
8-63     general-purpose committee or a specific-purpose committee; and]
8-64                       [(C)  the full name and address of the
8-65     committee's campaign treasurer;]
8-66                 [(4)  the full name and address of each individual
8-67     acting as a campaign treasurer of a political committee under
8-68     Section 253.062 from whom the candidate received notice under
8-69     Section 254.128 or 254.161; and]
 9-1                 [(5)]  on a separate page or pages of the report, the
 9-2     identification of any payment from political contributions made to
 9-3     a business in which the candidate has a participating interest of
 9-4     more than 10 percent, holds a position on the governing body of the
 9-5     business, or serves as an officer of the business.
 9-6           SECTION 19.  Section 254.091, Election Code, is amended to
 9-7     read as follows:
 9-8           Sec. 254.091.  ADDITIONAL CONTENTS OF REPORTS.  In addition
 9-9     to the contents required by Section 254.031, each report by an
9-10     officeholder must include:
9-11                 (1)  the officeholder's full name and address and the
9-12     office held; and
9-13                 (2)  [for each political committee from which the
9-14     officeholder received notice under Section 254.128 or 254.161:]
9-15                       [(A)  the committee's full name and address;]
9-16                       [(B)  an indication of whether the committee is a
9-17     general-purpose committee or a specific-purpose committee; and]
9-18                       [(C)  the full name and address of the
9-19     committee's campaign treasurer; and]
9-20                 [(3)]  on a separate page or pages of the report, the
9-21     identification of any payment from political contributions made to
9-22     a business in which the officeholder has a participating interest
9-23     of more than 10 percent, holds a position on the governing body of
9-24     the business, or serves as an officer of the business.
9-25           SECTION 20.  Section 254.128, Election Code, is amended to
9-26     read as follows:
9-27           Sec. 254.128.  NOTICE TO CANDIDATE AND OFFICEHOLDER OF
9-28     IN-KIND CONTRIBUTIONS [AND EXPENDITURES].  (a)  If a
9-29     specific-purpose committee, other than a special-purpose committee
9-30     established, controlled, or authorized by the candidate or
9-31     officeholder, [accepts political contributions or] makes political
9-32     expenditures for a candidate or officeholder that constitute an
9-33     in-kind contribution, the committee's campaign treasurer shall
9-34     deliver written notice of that fact to the affected candidate or
9-35     officeholder not later than the end of the period covered by the
9-36     report in which the reportable activity occurs.
9-37           (b)  The notice must include the full name and address of the
9-38     political committee and its campaign treasurer, [and] an indication
9-39     that the committee is a specific-purpose committee, and the amount
9-40     and nature of the contribution.
9-41           (c)  A campaign treasurer commits an offense if the campaign
9-42     treasurer fails to comply with this section.  An offense under this
9-43     section is a Class A misdemeanor.
9-44           SECTION 21.  Section 254.151, Election Code, is amended to
9-45     read as follows:
9-46           Sec. 254.151.  ADDITIONAL CONTENTS OF REPORTS.  In addition
9-47     to the contents required by Section 254.031, each report by a
9-48     campaign treasurer of a general-purpose committee must include:
9-49                 (1)  the committee's full name and address;
9-50                 (2)  the full name, residence or business street
9-51     address, and telephone number of the committee's campaign
9-52     treasurer;
9-53                 (3)  the identity and date of the election for which
9-54     the report is filed, if applicable;
9-55                 (4)  the name of each identified candidate or measure
9-56     or classification by party of candidates supported or opposed by
9-57     the committee, indicating whether the committee supports or opposes
9-58     each listed candidate, measure, or classification by party of
9-59     candidates;
9-60                 (5)  the name of each identified officeholder or
9-61     classification by party of officeholders assisted by the committee;
9-62                 (6)  the principal occupation of each person from whom
9-63     political contributions that in the aggregate exceed $500 [$50] are
9-64     accepted during the reporting period;
9-65                 (7)  the amount of each political expenditure in the
9-66     form of a political contribution made to a candidate, officeholder,
9-67     or another political committee that is returned to the committee
9-68     during the reporting period, the name of the person to whom the
9-69     expenditure was originally made, and the date it is returned; [and]
 10-1                (8)  on a separate page or pages of the report, the
 10-2    identification of any contribution from a corporation or labor
 10-3    organization made and accepted under Subchapter D, Chapter 253; and
 10-4                (9)  on a separate page or pages of the report, the
 10-5    identification of any contribution made to the committee that is
 10-6    intended by the donor to be used by the committee for
 10-7    administrative, overhead, or fund-raising expenses, unless the
 10-8    contribution is otherwise disclosed elsewhere in the report.
 10-9          SECTION 22.  Section 254.161, Election Code, is amended to
10-10    read as follows:
10-11          Sec. 254.161.  NOTICE TO CANDIDATE AND OFFICEHOLDER OF
10-12    CONTRIBUTIONS AND EXPENDITURES.  If a general-purpose committee
10-13    other than the principal political committee of a political party
10-14    or a political committee established by a political party's county
10-15    executive committee [accepts political contributions or] makes
10-16    direct political expenditures for a candidate or officeholder that
10-17    constitute a contribution, notice of that fact shall be given to
10-18    the affected candidate or officeholder as provided by Section
10-19    254.128 for a specific-purpose committee.
10-20          SECTION 23.  Section 257.002, Election Code, is amended by
10-21    amending Subsection (b) and adding Subsection (c) to read as
10-22    follows:
10-23          (b)  Subject to Subsection (c), a [A] political party that
10-24    accepts contributions authorized by Section 253.104 shall maintain
10-25    the contributions in a separate account.
10-26          (c)  Nothing in this title shall prohibit a political party
10-27    from transferring funds held in the account required to be
10-28    maintained under Subsection (b) to another account maintained by
10-29    the political party under the requirements of federal law for the
10-30    purpose of disbursing the political party's funds generally if the
10-31    political party can reasonably demonstrate that the funds are being
10-32    disbursed from the other account in compliance with applicable
10-33    federal law and for permitted uses and purposes.
10-34          SECTION 24.  The following laws are repealed:
10-35                (1)  Sections 253.032 and 253.037, Election Code;
10-36                (2)  Subsection (d), Section 253.100, Election Code;
10-37                (3)  Sections 254.032 and 254.033, Election Code; and
10-38                (4)  Section 254.039, Election Code.
10-39          SECTION 25.  (a)  The change in law made by this Act applies
10-40    only to an offense committed on or after the effective date of this
10-41    Act.  For purposes of this section, an offense is committed before
10-42    the effective date of this Act if any element of the offense occurs
10-43    before the effective date.
10-44          (b)  An offense committed before the effective date of this
10-45    Act is covered by the law in effect when the offense was committed,
10-46    and the former law is continued in effect for that purpose.
10-47          SECTION 26.  Sections 253.042 and 253.162, Election Code, as
10-48    amended by this Act, apply only to repayment of a loan or extension
10-49    of credit made on or after September 1, 2001.  The repayment of a
10-50    loan or extension of credit made before September 1, 2001, is
10-51    governed by the law in effect on the date the loan or extension of
10-52    credit was made, and the former law is continued in effect for that
10-53    purpose.
10-54          SECTION 27.  This Act takes effect September 1, 2001.
10-55                                 * * * * *