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78R3594 ESH-D

By:  Gallego                                                      H.B. No. 1579


A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain political contributions, political expenditures, and political advertising; providing civil and criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 84.001, Election Code, is amended by adding Subsections (d-1) and (d-2) to read as follows: (d-1) An applicant may not use an application form that is part of or is included with a campaign communication or political advertising, as defined by Section 251.001, unless the application form and campaign communication or political advertising are furnished to the applicant by a person described by Section 255.011(b). (d-2) An application form that is furnished under the terms of Subsection (d-1) must be returned directly to the county clerk by the person who is applying for the early voting ballot. SECTION 2. Section 251.001, Election Code, is amended by amending Subdivisions (13), (14), and (16) and adding Subdivisions (21)-(23) to read as follows: (13) "Specific-purpose committee" means a political committee that does not have among its principal purposes those of a general-purpose committee but does have among its principal purposes: (A) supporting or opposing [one or more]: (i) two or more candidates, all of whom are identified and are seeking offices that are known; or (ii) one or more measures or prospective measures, all of which are identified; or (B) assisting two [one] or more officeholders, all of whom are identified[; or [(C) supporting or opposing only one candidate who is unidentified or who is seeking an office that is unknown]. (14) "General-purpose committee" means a political committee that has among its principal purposes: (A) supporting or opposing: (i) two or more candidates who are unidentified or are seeking offices that are unknown; or (ii) one or more measures or prospective measures that are unidentified; or (B) assisting two or more officeholders who are unidentified. (16) "Political advertising" means a communication containing express advocacy that supports or opposes [supporting or opposing] a candidate for nomination or election to a public office or office of a political party or a public officer or supporting or opposing[,] a political party[, a public officer,] or a measure or prospective measure that: (A) in return for consideration, is: (i) published in a newspaper, magazine, or other periodical; (ii) [or is] broadcast by radio or television; or (iii) delivered through the use of an automated dial announcing device, as defined by Section 55.121, Utilities Code; or (B) appears in: (i) a pamphlet, circular, flier, telephonic facsimile, billboard or other sign, bumper sticker, or similar form of written communication; or (ii) electronic mail or an Internet website. (21) "Principal political committee of a candidate or officeholder" means a political committee established under Section 251.010 for supporting a candidate or assisting an officeholder. (22) "Prospective measure" means a question or proposal that is intended to be submitted in an election for an expression of the voters' will and that is not yet legally required to be submitted in an election. The term does not include the circulation or submission of a petition to determine whether a question or proposal is required to be submitted in an election for an expression of the voters' will. (23) "Express advocacy" means a communication that advocates: (A) the election or defeat of a candidate by: (i) containing a word or phrase such as "vote for," "reelect," "support," "cast your ballot for," "(name of candidate) for (name of office)," "(name of candidate) in 2004," "vote against," "defeat," or "reject" or a campaign slogan or words that in context can have no reasonable meaning other than to advocate the election or defeat of one or more clearly identified candidates; (ii) referring to one or more clearly identified candidates or officeholders in a paid advertisement that is broadcast by a radio or television station after the 60th day before the date of an election in which the person identified is a candidate; or (iii) expressing unmistakable and unambiguous support for or opposition to one or more clearly identified candidates or officeholders when taken as a whole and with limited reference to external events, such as proximity to an election; or (B) the passage or defeat of a measure or proposed measure by: (i) containing a word or phrase such as "vote for," "support," "cast your ballot for," "vote against," "defeat," or "reject" or a campaign slogan or words that in context can have no reasonable meaning other than to advocate the election or defeat of one or more clearly identified measures or prospective measures; (ii) referring to one or more clearly identified measures or prospective measures in a paid advertisement that is broadcast by a radio or television station after the 60th day before the date of an election in which the measure or prospective measure is to appear on the ballot; or (iii) expressing unmistakable and unambiguous support for or opposition to one or more clearly identified measures or prospective measures when taken as a whole and with limited reference to external events, such as proximity to an election. SECTION 3. Subchapter A, Chapter 251, Election Code, is amended by adding Sections 251.010 and 251.011 to read as follows: Sec. 251.010. PRINCIPAL POLITICAL COMMITTEE. (a) A candidate or officeholder shall designate in writing a political committee to serve as the person's principal political committee. (b) A designation under Subsection (a) must be: (1) made not later than the 15th day after the date the person becomes a candidate or officeholder; and (2) filed with the authority with whom the committee's campaign treasurer appointment is required to be filed. (c) The name of a principal political committee must include the candidate's or officeholder's name. (d) A candidate or officeholder may not have more than one principal political committee at a time. A person who is both a candidate and an officeholder may not have more than one principal political committee. A candidate who becomes an officeholder is not required to designate a new principal political committee. (e) A prohibition or restriction imposed by this title on a candidate or officeholder applies to the principal political committee of a candidate or officeholder. (f) A person may not establish a specific-purpose committee for supporting or opposing only one candidate or assisting only one officeholder. Sec. 251.011. LIABILITY OF CANDIDATE OR OFFICEHOLDER FOR ACT OR OMISSION BY PRINCIPAL POLITICAL COMMITTEE. A candidate or officeholder is civilly liable for an act or omission by the person's principal political committee in connection with a requirement or prohibition prescribed by this title only if the person authorized, requested, commanded, performed, or recklessly or negligently tolerated the act or omission. SECTION 4. The heading to Subchapter B, Chapter 251, Election Code, is amended to read as follows:
SUBCHAPTER B. DUTIES OF COMMISSION AND SECRETARY OF STATE
SECTION 5. Subchapter B, Chapter 251, Election Code, is amended by adding Sections 251.034 and 251.035 to read as follows: Sec. 251.034. FAIR CAMPAIGN SPENDING FUND. (a) The fair campaign spending fund is an account in the general revenue fund. The commission shall administer the fair campaign spending fund. (b) The fair campaign spending fund consists of: (1) damages recovered under Section 253.133 for violations of Chapter 253; (2) civil penalties imposed under Section 571.173, Government Code, for violations of this title; (3) unexpended political contributions remitted to the commission under Section 254.204; and (4) any gifts or grants received by the commission or the secretary of state under Subsection (f). (c) The fair campaign spending fund may be used only for: (1) voter education projects that relate to campaigns for offices for which a campaign treasurer appointment must be filed with the commission, other than offices described by Section 252.005(5); and (2) payment of costs incurred in imposing civil penalties for violations of this title. (d) To the extent practicable, the fair campaign spending fund shall be permitted to accumulate until the balance is sufficient to permit the publication of a voter's guide as provided by Section 251.035. (e) The commission may use money in the fair campaign spending fund to produce public service announcements to educate voters about this subchapter. (f) The commission or the secretary of state may accept gifts and grants for the purposes described by Subsections (c)(1), (d), and (e). Money received under this subsection shall be deposited to the credit of the fair campaign spending fund. (g) The fair campaign spending fund is exempt from Section 403.095, Government Code. Sec. 251.035. VOTER'S GUIDE. (a) If the necessary money is available under Section 251.034, the secretary of state may publish a voter's guide listing: (1) candidates for offices for which a campaign treasurer appointment must be filed with the commission, other than offices described by Section 252.005(5); and (2) the backgrounds, qualifications, and similar information of candidates described by Subdivision (1). (b) The commission shall adopt rules under which a candidate may provide a statement to the commission for inclusion in the voter's guide. The rules must: (1) prohibit a candidate from referring, directly or indirectly, to an opponent of the candidate; (2) establish a maximum length for a candidate's statement; and (3) prescribe a time by which the statement must be delivered to the commission. (c) Except as provided by Subsections (b)(1) and (2), rules adopted under that subsection may not restrict the content of a candidate's statement. (d) Not later than the seventh day before the date early voting by mail begins, the secretary of state shall: (1) make the voter's guide available for publication by newspapers in each part of the state; and (2) make the voter's guide available on the secretary's Internet website. (e) The commission shall transfer from the fair campaign spending fund to the secretary of state the amount that represents the expenses necessarily incurred by the secretary in making the voter's guide available as provided by Subsection (d). SECTION 6. Section 252.001, Election Code, is amended to read as follows: Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED. Each [candidate and each] political committee shall appoint a campaign treasurer as provided by this chapter. SECTION 7. Section 252.0031(a), Election Code, is amended to read as follows: (a) In addition to the information required by Section 252.002, a campaign treasurer appointment by a specific-purpose committee for supporting or opposing two or more candidates [a candidate] for an office specified by Section 252.005(1) must include the name of and the office sought by each [the] candidate the committee supports or opposes. If that information changes, the committee shall immediately file an amended appointment reflecting the change. SECTION 8. The heading to Section 252.0032, Election Code, is amended to read as follows: Sec. 252.0032. CONTENTS OF APPOINTMENT BY PRINCIPAL POLITICAL COMMITTEE [CANDIDATE]. SECTION 9. Section 252.0032(a), Election Code, is amended to read as follows: (a) In addition to the information required by Section 252.002, a campaign treasurer appointment by a principal political committee of a candidate or officeholder [candidate] must include: (1) the candidate's or officeholder's telephone number; and (2) a statement, signed by the candidate or officeholder, that the candidate or officeholder is aware of the nepotism law, Chapter 573, Government Code. SECTION 10. Sections 252.005 and 252.006, Election Code, are amended to read as follows: Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: PRINCIPAL POLITICAL COMMITTEE OF CANDIDATE OR OFFICEHOLDER. A principal political committee of a candidate or officeholder [An individual] must file a campaign treasurer appointment [for the individual's own candidacy] with: (1) the commission, if the appointment is made by the principal political committee of a candidate for or holder of [for candidacy for]: (A) a statewide office; (B) a district office filled by voters of more than one county; (C) a judicial district office filled by voters of only one county; (D) the office of state senator; (E) the office of state representative; or (F) the office of member, State Board of Education; (2) the county clerk, if the appointment is made by the principal political committee of a candidate for or holder of [for candidacy for] a county office, a precinct office, or a district office other than one included in Subdivision (1); (3) the clerk or secretary of the governing body of the political subdivision or, if the political subdivision has no clerk or secretary, with the governing body's presiding officer, if the appointment is made by the principal political committee of a candidate for or holder of [for candidacy for] an office of a political subdivision other than a county; (4) the county clerk if: (A) the appointment is made by the principal political committee of a candidate for or holder of [for candidacy for] an office of a political subdivision other than a county; (B) the governing body for the political subdivision has not been formed; and (C) no boundary of the political subdivision crosses a boundary of the county; or (5) the commission if: (A) the appointment is made by the principal political committee of a candidate for or holder of [for candidacy for] an office of a political subdivision other than a county; (B) the governing body for the political subdivision has not been formed; and (C) the political subdivision is situated in more than one county. Sec. 252.006. AUTHORITY WITH WHOM APPOINTMENT FILED: SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATES [CANDIDATE] OR ASSISTING OFFICEHOLDERS [OFFICEHOLDER]. A specific-purpose committee for supporting or opposing candidates [a candidate] or assisting officeholders [an officeholder] must file its campaign treasurer appointment with the same authority as the appointment by a principal political committee in connection with [for candidacy for] the office. SECTION 11. Section 252.010(a), Election Code, is amended to read as follows: (a) If a candidate whose principal political committee [who] has filed a campaign treasurer appointment decides to seek a different office that would require the appointment to be filed with another authority, a copy of the appointment certified by the authority with whom it was originally filed must be filed with the other authority in addition to the new campaign treasurer appointment. SECTION 12. Section 252.015(a), Election Code, is amended to read as follows: (a) Each principal political committee of a candidate for or holder of an office specified by Section 252.005(1), each specific-purpose committee for supporting or opposing candidates [a candidate] for an office specified by Section 252.005(1) or a statewide or district measure, and each general-purpose committee may appoint an assistant campaign treasurer by written appointment filed with the commission. SECTION 13. Section 253.002(b), Election Code, is amended to read as follows: (b) This section does not apply to: (1) an individual making an expenditure authorized by Subchapter C; (2) a corporation or labor organization making an expenditure authorized by Subchapter D; (3) [a candidate making or authorizing an expenditure for the candidate's own election; [(4)] a political committee; or (4) [(5)] a campaign treasurer or assistant campaign treasurer acting in an official capacity. SECTION 14. Section 253.031(a), Election Code, is amended to read as follows: (a) A candidate or officeholder may not knowingly accept a campaign contribution as authorized by Section 253.0311 or make or authorize a campaign expenditure as authorized by Section 253.0312 at a time when a campaign treasurer appointment for the principal political committee of the candidate or officeholder is not in effect. SECTION 15. Subchapter B, Chapter 253, Election Code, is amended by adding Sections 253.0311 and 253.0312 to read as follows: Sec. 253.0311. ACCEPTANCE OF POLITICAL CONTRIBUTION BY CANDIDATE OR OFFICEHOLDER. (a) Except as provided by Subsection (b), a candidate or officeholder may not knowingly accept a political contribution in connection with the person's own candidacy or office. (b) A candidate or officeholder may accept a political contribution on behalf of the person's principal political committee unless the committee itself would be prohibited from accepting the contribution. (c) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. Sec. 253.0312. CONTRIBUTION OR EXPENDITURE BY CANDIDATE OR OFFICEHOLDER FROM PERSONAL FUNDS. (a) Except as provided by Subsection (b), a candidate or officeholder may not knowingly make a political contribution or political expenditure from the person's personal funds in connection with the person's own candidacy or office. (b) A candidate or officeholder may make a political contribution from the person's personal funds to the person's principal political committee. (c) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. SECTION 16. Section 253.033(a), Election Code, is amended to read as follows: (a) The principal political committee of a [A] candidate or[,] officeholder[,] or a specific-purpose committee may not knowingly accept from a contributor in a reporting period political contributions in cash that in the aggregate exceed $100. SECTION 17. Section 253.034, Election Code, is amended to read as follows: Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND FOLLOWING REGULAR LEGISLATIVE SESSION. (a) During the period beginning on the 30th day before the date a regular legislative session convenes and continuing through the day of final adjournment, a person may not knowingly make a political contribution to: (1) the principal political committee of a statewide officeholder; (2) the principal political committee of a member of the legislature; or (3) a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature. (b) During the period beginning on the day after a regular legislative session adjourns and continuing through the last day on which the governor may veto a bill enacted during the regular legislative session, a person may not knowingly make a political contribution to the principal political committee of the governor. (c) The principal political committee of a [A] statewide officeholder or of[,] a member of the legislature[,] or a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period prescribed by Subsection (a). (d) The principal political committee of the governor may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period prescribed by Subsection (b). (e) A political contribution that is received and refused during the [that] period prescribed by Subsection (a) or (b) shall be returned to the contributor not later than the 30th day after the date of receipt. A contribution made by mail is not considered received during the [that] period prescribed by Subsection (a) or (b) if it was placed with postage prepaid and properly addressed in the United States mail before the beginning of the period. The date indicated by the post office cancellation mark is considered to be the date the contribution was placed in the mail unless proven otherwise. (f) [(c)] This section does not apply to a political contribution that was made and accepted with the intent that it be used: (1) in an election held or ordered during the period prescribed by Subsection (a) or (b) in which the person on whose behalf [accepting] the contribution is accepted is a candidate if the contribution was made after the person's principal political committee filed [person appointed] a campaign treasurer appointment [with the appropriate authority] and before the person was sworn in for that office; (2) to defray expenses incurred in connection with an election contest; or (3) by the principal political committee of a person who holds a statewide [state] office or of a member of the legislature if the person or member was defeated at the general election held immediately before the session is convened [or by a specific-purpose political committee that supports or assists only that person or member]. (g) [(d)] This section does not apply to a political contribution made to or accepted by the principal political committee of a holder of an office to which Subchapter F applies. (h) [(e)] A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor. SECTION 18. Sections 253.035(b), (g), and (h), Election Code, are amended to read as follows: (b) A principal political committee of a candidate or officeholder or specific-purpose committee that accepts a political contribution may not convert the contribution to the personal use of a candidate, officeholder, or former candidate or officeholder. (g) A principal political committee of a candidate or officeholder or specific-purpose committee that converts a political contribution to the personal use of a candidate, officeholder, or former candidate or officeholder in violation of this section is civilly liable to the state for an amount equal to the amount of the converted contribution plus reasonable court costs. (h) Except as provided by Section 253.0351, [or] 253.042, or 253.162, a candidate or officeholder who makes political expenditures from the candidate's or officeholder's personal funds may reimburse those personal funds from political contributions in the amount of those expenditures only if: (1) the expenditures from personal funds were fully reported as political expenditures, including the payees, dates, purposes, and amounts of the expenditures, in the report required to be filed under this title that covers the period in which the expenditures from personal funds were made; and (2) the report on which the expenditures from personal funds are disclosed clearly designates those expenditures as having been made from the person's personal funds and that the expenditures are subject to reimbursement. SECTION 19. Section 253.037(c), Election Code, is amended to read as follows: (c) Subsection (a) does not apply to a political party's county executive committee that is complying with Section 253.031 or to a general-purpose committee that accepts contributions from a multicandidate political committee, [(]as defined by 2 U.S.C. Section 431 and its subsequent amendments, [the Federal Election Campaign Act)] that is registered with the Federal Election Commission[, provided that the general-purpose committee is in compliance with Section 253.032]. SECTION 20. Section 253.038(a), Election Code, is amended to read as follows: (a) A candidate or officeholder, the principal political committee of a candidate or officeholder, or a specific-purpose committee for supporting, opposing, or assisting the candidate or officeholder may not knowingly make or authorize a payment from a political contribution to purchase real property or to pay the interest on or principal of a note for the purchase of real property. SECTION 21. Section 253.041(a), Election Code, is amended to read as follows: (a) A candidate or officeholder, the principal political committee of the candidate or officeholder, or a specific-purpose committee for supporting, opposing, or assisting the candidate or officeholder may not knowingly make or authorize a payment from a political contribution if the payment is made for personal services rendered by the candidate or officeholder or by the spouse or dependent child of the candidate or officeholder to: (1) a business in which the candidate or officeholder has a participating interest of more than 10 percent, holds a position on the governing body of the business, or serves as an officer of the business; or (2) the candidate or officeholder or the spouse or dependent child of the candidate or officeholder. SECTION 22. The heading to Section 253.042, Election Code, is amended to read as follows: Sec. 253.042. RESTRICTIONS ON [REIMBURSEMENT OF PERSONAL FUNDS AND] PAYMENTS ON CERTAIN LOANS. SECTION 23. Section 253.042, Election Code, is amended by amending Subsections (b)-(e) and adding Subsection (b-1) to read as follows: (b) The principal political committee of a [A] candidate or officeholder that [who] accepts one or more political contributions in the form of loans, including an extension of credit or a guarantee of a loan or extension of credit, from the candidate's or officeholder's personal funds or from one or more persons related to the candidate or officeholder within the second degree by affinity or consanguinity as determined under Chapter 573, Government Code, may not use political contributions to repay the loans in amounts that in the aggregate exceed the following amounts for each election in which the person's name appears on the ballot: (1) for governor, $100,000; (2) for a statewide office other than governor, $50,000; (3) for state senator, $25,000; (4) for state representative, $15,000; or (5) for an office other than an office described by Subdivisions (1)-(4) or to which Subchapter F applies, $10,000. (b-1) The principal political committee of a candidate or officeholder may not use political contributions, in amounts that in the aggregate exceed the amount prescribed by Subsection (b), to repay any other loan or extension of credit for which the candidate or officeholder the committee supports or assists is personally liable [(a)]. (c) The total amount of both reimbursements and repayments made by the principal political committee of a candidate or officeholder under this section may not exceed the amount prescribed by Subsection (b) [(a)]. (d) The principal political committee of a [A] person who is both a candidate and an officeholder covered by this section [Subsection (a)] may [reimburse the person's personal funds or] repay loans from political contributions only in one capacity. (e) This section does not prohibit the payment of interest on loans covered by Subsection (b) [this section] at a commercially reasonable rate, except that interest on those loans [from a candidate's or officeholder's personal funds or on loans from the personal funds of any person related to the candidate or officeholder within the second degree by affinity or consanguinity] is included in the amount prescribed by Subsection [(a),] (b) [, or (c)]. SECTION 24. Subchapter B, Chapter 253, Election Code, is amended by adding Sections 253.043 and 253.044 to read as follows: Sec. 253.043. CONTRIBUTION OR LOAN TO PRINCIPAL POLITICAL COMMITTEE OF CANDIDATE PROHIBITED IMMEDIATELY BEFORE ELECTION. (a) The principal political committee of a candidate may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period beginning on the ninth day before the day of an election in which the candidate's name appears on the ballot and ending on the day after election day. (b) The principal political committee of a candidate may not accept a loan or a political contribution in the form of a loan in connection with an election in which the candidate's name is on the ballot after the ninth day before the date of the election. (c) A person who violates this section is liable for a civil penalty not to exceed three times the amount of the contributions or loans accepted in violation of this section. (d) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. Sec. 253.044. LIMIT ON CONTRIBUTION BY CHILD. (a) A child may not knowingly make or authorize political contributions to the principal political committee of a candidate or officeholder that, in connection with each election in which the candidate or officeholder is involved, in the aggregate exceed $100. (b) A person may not knowingly accept a political contribution, and shall refuse a political contribution that is received, in violation of Subsection (a). (c) In this section, "child" means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes. (d) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. SECTION 25. The heading to Section 253.131, Election Code, is amended to read as follows: Sec. 253.131. LIABILITY TO PRINCIPAL POLITICAL COMMITTEES [CANDIDATES]. SECTION 26. Sections 253.131(b) and (c), Election Code, are amended to read as follows: (b) If the contribution or expenditure is in support of a candidate, the principal political committee of each opposing candidate whose name appears on the ballot is entitled to recover damages under this section. (c) If the contribution or expenditure is in opposition to a candidate, the candidate's principal political committee [candidate] is entitled to recover damages under this section. SECTION 27. Sections 253.153(a) and (c), Election Code, are amended to read as follows: (a) The principal political committee of a [A] judicial candidate or officeholder, a specific-purpose committee for supporting or opposing two or more [a] judicial candidates [candidate], or a specific-purpose committee for assisting two or more [a] judicial officeholders [officeholder] may not knowingly accept a political contribution except during the period: (1) beginning on: (A) the 210th day before the date an application for a place on the ballot or for nomination by convention for the office is required to be filed, if the election is for a full term; or (B) the later of the 210th day before the date an application for a place on the ballot or for nomination by convention for the office is required to be filed or the date a vacancy in the office occurs, if the election is for an unexpired term; and (2) ending on the 120th day after the date of: (A) the general election for state and county officers, if the candidate or officeholder has an opponent in the general election; (B) except as provided by Subsection (c), the runoff primary election, if the candidate or officeholder is a candidate in the runoff primary election and does not have an opponent in the general election; or (C) except as provided by Subsection (c), the general primary election, if the candidate or officeholder is not a candidate in the runoff primary election and does not have an opponent in the general election. (c) Notwithstanding Subsection (a)(2), the principal political committee of a judicial candidate who does not have an opponent whose name will appear on the ballot or a specific-purpose committee for supporting such a candidate may accept a political contribution after another person files a declaration of write-in candidacy opposing the candidate. SECTION 28. Section 253.154(a), Election Code, is amended to read as follows: (a) The principal political committee of a [A] write-in candidate for judicial office or a specific-purpose committee for supporting two or more [a] write-in candidates [candidate] for judicial office may not knowingly accept a political contribution before the candidate files a declaration of write-in candidacy. SECTION 29. Section 253.1541(b), Election Code, is amended to read as follows: (b) Notwithstanding Section 253.153, the principal political committee of a person to whom this section applies may accept officeholder contributions beginning on the date the person assumes the duties of office and ending on the 60th day after that date. SECTION 30. Section 253.155(a), Election Code, is amended to read as follows: (a) Except as provided by Subsection (c), the principal political committee of a judicial candidate or officeholder may not knowingly accept political contributions from a person that in the aggregate exceed the limits prescribed by Subsection (b) in connection with each election in which the person is involved. SECTION 31. Sections 253.157(a)-(c), Election Code, are amended to read as follows: (a) The principal political committee of a [A] judicial candidate or officeholder [or a specific-purpose committee for supporting or opposing a judicial candidate] may not accept a political contribution in excess of $100 [$50] from a person if: (1) the person is a law firm, a member of a law firm, or a general-purpose committee established or controlled by a law firm; and (2) the contribution when aggregated with all political contributions accepted by the principal political committee [candidate, officeholder, or committee] from the law firm, other members of the law firm, or a general-purpose committee established or controlled by the law firm in connection with the election would exceed six times the applicable contribution limit under Section 253.155. (b) A principal political committee of a judicial candidate or officeholder that [person who] receives a political contribution that violates Subsection (a) shall return the contribution to the contributor not later than the later of: (1) the last day of the reporting period in which the contribution is received; or (2) the fifth day after the date the contribution is received. (c) A principal political committee of a judicial candidate or officeholder that [person who] fails to return a political contribution as required by Subsection (b) is liable for a civil penalty not to exceed three times the total amount of political contributions accepted from the law firm, members of the law firm, or general-purpose committees established or controlled by the law firm in connection with the election. SECTION 32. Sections 253.160(a) and (b), Election Code, are amended to read as follows: (a) The principal political committee of a [A] judicial candidate or officeholder [or a specific-purpose committee for supporting or opposing a judicial candidate or assisting a judicial officeholder] may not knowingly accept a political contribution from a general-purpose committee that, when aggregated with each other political contribution from a general-purpose committee in connection with an election, exceeds 15 percent of the applicable limit on expenditures prescribed by Section 253.168, regardless of whether the limit on expenditures is suspended. (b) A principal political committee of a judicial candidate or officeholder that [person who] receives a political contribution that violates Subsection (a) shall return the contribution to the contributor not later than the later of: (1) the last day of the reporting period in which the contribution is received; or (2) the fifth day after the date the contribution is received. SECTION 33. Section 253.1601, Election Code, is amended to read as follows: Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED CONTRIBUTION TO PRINCIPAL POLITICAL COMMITTEE [CANDIDATE]. For purposes of Sections 253.155, 253.157, and 253.160, a contribution to a specific-purpose committee for the purpose of supporting two or more [a] judicial candidates [candidate], opposing the [candidate's] opponent of two or more judicial candidates, or assisting two or more candidates [the candidate] as officeholders [an officeholder] is considered to be a contribution to the principal political committee of each judicial candidate or officeholder the committee supports or assists. SECTION 34. Sections 253.161(a)-(c), Election Code, are amended to read as follows: (a) The principal political committee of a [A] judicial candidate or officeholder, a specific-purpose committee for supporting or opposing two or more [a] judicial candidates [candidate], or a specific-purpose committee for assisting two or more [a] judicial officeholders [officeholder] may not use a political contribution to make a campaign expenditure for judicial office or to make an officeholder expenditure in connection with a judicial office if the contribution was accepted while the candidate or officeholder: (1) was a candidate for an office other than a judicial office; or (2) held an office other than a judicial office, unless the person had become a candidate for judicial office. (b) The principal political committee of a [A] candidate or[,] officeholder[,] or a specific-purpose committee for supporting, opposing, or assisting a [the] candidate or officeholder may not use a political contribution to make a campaign expenditure for an office other than a judicial office or to make an officeholder expenditure in connection with an office other than a judicial office if the contribution was accepted while the candidate or officeholder: (1) was a candidate for a judicial office; or (2) held a judicial office, unless the person had become a candidate for another office. (c) This section does not prohibit the principal political committee of a candidate or officeholder from making a political contribution to the principal political committee of another candidate or officeholder. SECTION 35. Sections 253.1611(a)-(d), Election Code, are amended to read as follows: (a) The principal political committee of a [A] judicial candidate or officeholder or a specific-purpose committee for supporting or opposing two or more [a] judicial candidates [candidate] or assisting two or more [a] judicial officeholders [officeholder] may not use a political contribution to knowingly make political contributions that in the aggregate exceed $100 in a calendar year to the principal political committee of a candidate or officeholder. (b) The principal political committee of a [A] judicial candidate or a specific-purpose committee for supporting or opposing two or more [a] judicial candidates [candidate] may not use a political contribution to knowingly make political contributions to a political committee in connection with a primary election. (c) The principal political committee of a [A] judicial candidate or a specific-purpose committee for supporting or opposing two or more [a] judicial candidates [candidate] may not use a political contribution to knowingly make a political contribution to a political committee that, when aggregated with each other political contribution to a political committee in connection with a general election, exceeds $500. (d) The principal political committee of a [A] judicial officeholder or a specific-purpose committee for assisting two or more [a] judicial officeholders [officeholder] may not, in any calendar year in which the office held is not on the ballot, use a political contribution to knowingly make a political contribution to a political committee that, when aggregated with each other political contribution to a political committee in that calendar year, exceeds $250. SECTION 36. Section 253.162, Election Code, is amended to read as follows: Sec. 253.162. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL FUNDS AND PAYMENTS ON CERTAIN LOANS. (a) A judicial candidate or officeholder who makes political contributions to the person's principal political committee [expenditures] from the person's personal funds may not reimburse the personal funds from political contributions in amounts that in the aggregate exceed, for each election in which the person's name appears on the ballot: (1) for a statewide judicial office, $100,000; or (2) for an office other than a statewide judicial office, five times the applicable contribution limit under Section 253.155. (b) A principal political committee of a [A] judicial candidate or officeholder may not: (1) use political contributions to repay a loan [who accepts one or more political contributions in the form of loans], including an extension of credit or a guarantee of a loan or extension of credit, from one or more persons related [to the candidate or officeholder] within the second degree by consanguinity, as determined under [Subchapter B,] Chapter 573, Government Code, to the candidate or officeholder the committee supports or assists; or (2) use political contributions, in amounts that in the aggregate exceed the amount prescribed by Subsection (a), to repay any other loan or extension of credit for which the candidate or officeholder the committee supports or assists is personally liable[, may not use political contributions to repay the loans]. (c) The total amount of both reimbursements under Subsection (a) and repayments under Subsection (b)(2) made by the principal political committee of a candidate or officeholder may not exceed the amount prescribed by Subsection (a). (d) The principal political committee of a [A] person who is both a candidate and an officeholder may reimburse the person's personal funds or repay loans from political contributions only in one capacity. (e) [(d)] A person who violates this section is liable for a civil penalty not to exceed three times the amount by which the reimbursement or repayment made in violation of this section exceeds the applicable limit prescribed by Subsection (a). SECTION 37. Sections 253.163(a), (b), and (d), Election Code, are amended to read as follows: (a) A person other than the principal political committee of a judicial candidate or[,] officeholder[,] or the principal political committee of the state executive committee or a county executive committee of a political party may not make political expenditures that in the aggregate exceed $5,000 for the purpose of supporting or opposing a candidate for an office other than a statewide judicial office or assisting such a candidate as an officeholder unless the person files with the authority with whom a campaign treasurer appointment by the principal political committee of a candidate for the office is required to be filed a written declaration of the person's intent to make expenditures that exceed the limit prescribed by this subsection. (b) A person other than the principal political committee of a judicial candidate or[,] officeholder[,] or the principal political committee of the state executive committee or a county executive committee of a political party may not make political expenditures that in the aggregate exceed $25,000 for the purpose of supporting or opposing a candidate for a statewide judicial office or assisting such a candidate as an officeholder unless the person files with the commission a written declaration of the person's intent to make expenditures that exceed the limit prescribed by this subsection. (d) A declaration received under Subsection (a) or (b) shall be filed with the records of the principal political committee of each judicial candidate or officeholder on whose behalf the person filing the declaration intends to make political expenditures. If the person intends to make only political expenditures opposing a judicial candidate, the declaration shall be filed with the records of the principal political committee of each candidate for the office. SECTION 38. Sections 253.164(a)-(c), Election Code, are amended to read as follows: (a) When a person becomes a candidate for a judicial office, the person shall file with the authority with whom the candidate's principal political committee is required to file its campaign treasurer appointment [is required to be filed]: (1) a sworn declaration of compliance stating that the person voluntarily agrees to comply with the limits on expenditures prescribed by this subchapter; or (2) a written declaration of the person's intent to make expenditures that exceed the limits prescribed by this subchapter. (b) The limits on contributions and on reimbursement of personal funds prescribed by this subchapter apply to complying candidates and their principal political committees unless suspended as provided by Section 253.165 or 253.170. The limits on contributions and on reimbursement of personal funds prescribed by this subchapter apply to noncomplying candidates and their principal political committees regardless of whether the limits on contributions, expenditures, and reimbursement of personal funds are suspended with respect to [for] complying candidates. (c) The principal political committee of a [A] judicial candidate may not knowingly accept a campaign contribution or make or authorize a campaign expenditure before the candidate files a declaration under Subsection (a). SECTION 39. Sections 253.165(a), (b), and (e), Election Code, are amended to read as follows: (a) A complying candidate and the candidate's principal political committee are [or a specific-purpose committee for supporting a complying candidate is] not required to comply with the limits on contributions, expenditures, and the reimbursement of personal funds prescribed by this subchapter if another person becomes a candidate for the same office and: (1) files a declaration of intent to exceed the limits on expenditures under Section 253.164(a)(2); (2) fails to file a declaration of compliance under Section 253.164(a)(1) or a declaration of intent under Section 253.164(a)(2); (3) files a declaration of compliance under Section 253.164(a)(1) but later exceeds the limits on expenditures; or (4) violates Section 253.173 or 253.174. (b) The executive director of the commission shall issue an order suspending the limits on contributions and expenditures for a specific office not later than the fifth day after the date the executive director determines that: (1) a person has become a candidate for that office and: (A) has filed a declaration of intent to exceed the limits on expenditures under Section 253.164(a)(2); or (B) has failed to file a declaration of compliance under Section 253.164(a)(1) or a declaration of intent under Section 253.164(a)(2); (2) the principal political committee of a complying candidate for that office has exceeded the limit on expenditures prescribed by this subchapter; or (3) a candidate for that office has violated Section 253.173 or 253.174. (e) A county clerk who receives a written allegation that the principal campaign committee of a complying candidate has exceeded the limit on expenditures or that a candidate has engaged in conduct prohibited by Section 253.173 or 253.174 shall deliver a copy of the allegation to the executive director of the commission not later than the fifth day after the date the county clerk receives the allegation. The county clerk shall, at no cost to the commission, deliver to the executive director by mail or telephonic facsimile machine copies of documents relevant to the allegation not later than 48 hours after the executive director requests the documents. SECTION 40. Section 253.168(a), Election Code, is amended to read as follows: (a) For each election in which the candidate is involved, the principal political committee of a complying candidate may not knowingly make or authorize political expenditures that in the aggregate exceed: (1) for a statewide judicial office, $2 million; (2) for the office of chief justice or justice, court of appeals: (A) $500,000, if the population of the judicial district is more than one million; or (B) $350,000, if the population of the judicial district is one million or less; or (3) for an office other than an office covered by Subdivision (1) or (2): (A) $350,000, if the population of the judicial district is more than one million; (B) $200,000, if the population of the judicial district is 250,000 to one million; or (C) $100,000, if the population of the judicial district is less than 250,000. SECTION 41. Section 253.169, Election Code, is amended to read as follows: Sec. 253.169. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.168, an expenditure by a specific-purpose committee for the purpose of supporting a candidate, opposing the candidate's opponent, or assisting the candidate as an officeholder is considered to be an expenditure by the principal political committee of the candidate unless the candidate, in an affidavit filed with the authority with whom the candidate's principal political committee is required to file its campaign treasurer appointment [is required to be filed], states that the candidate's campaign, including the candidate, an aide to the candidate, a campaign officer, or a campaign consultant of the candidate, has not directly or indirectly communicated with the specific-purpose committee in regard to a strategic matter, including polling data, advertising, or voter demographics, in connection with the candidate's campaign. (b) This section applies only to an expenditure of which the principal campaign committee of the candidate or officeholder has notice. (c) An affidavit under this section shall be filed with the next report the principal political committee of the candidate or officeholder is required to file under Chapter 254 following the receipt of notice of the expenditure. SECTION 42. Sections 253.170(a) and (b), Election Code, are amended to read as follows: (a) A complying candidate for an office other than a statewide judicial office and the candidate's principal political committee are [or a specific-purpose committee for supporting such a candidate is] not required to comply with the limits on contributions, expenditures, and the reimbursement of personal funds prescribed by this subchapter if a person other than the candidate's opponent or the principal political committee of the state executive committee or a county executive committee of a political party makes political expenditures that in the aggregate exceed $5,000 for the purpose of supporting the candidate's opponent, opposing the candidate, or assisting the candidate's opponent as an officeholder. (b) A complying candidate for a statewide judicial office and the candidate's principal political committee are [or a specific-purpose committee for supporting such a candidate is] not required to comply with the limits on contributions, expenditures, and the reimbursement of personal funds prescribed by this subchapter if a person other than the principal political committee of the candidate's opponent or the principal political committee of the state executive committee or a county executive committee of a political party makes political expenditures that in the aggregate exceed $25,000 for the purpose of supporting the candidate's opponent, opposing the candidate, or assisting the candidate's opponent as an officeholder. SECTION 43. Section 253.171(a), Election Code, is amended to read as follows: (a) Except as provided by Subsection (b), a political contribution to the principal political committee of a complying candidate or a direct campaign expenditure on behalf of a complying candidate that is made by the principal political committee of the state executive committee or a county executive committee of a political party is considered to be a political expenditure by the principal political committee of the candidate for purposes of the expenditure limits prescribed by Section 253.168. SECTION 44. Section 253.172(a), Election Code, is amended to read as follows: (a) The principal political committee of a [A] candidate who files a declaration of compliance under Section 253.164(a)(1) and who later files a declaration of intent to exceed the limits on expenditures under Section 253.164(a)(2) or a specific-purpose committee for supporting such a candidate may not make a political expenditure that causes the person to exceed the applicable limit on expenditures prescribed by Section 253.168 before the 60th day after the date the candidate files the declaration of intent to exceed the limits on expenditures. SECTION 45. Section 254.031, Election Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows: (a) Except as otherwise provided by this chapter, each report filed under this chapter must include: (1) the amount of political contributions from each person that in the aggregate exceed $100 [$50] and that are accepted during the reporting period by the [person or] committee required to file a report under this chapter, the full name and address of the person making the contributions, and the dates of the contributions; (2) for each individual from whom the committee required to file the report has accepted political contributions that in the aggregate exceed $1,000 and that are accepted during the reporting period: (A) the individual's principal occupation or job title; (B) the full name of the individual's employer, if any; and (C) if the committee required to file the report is the principal political committee of a candidate or officeholder, the aggregate total of political contributions accepted from the individual since the date of the last general election for the office sought by the candidate or held by the officeholder, other than a contribution designated in writing for that general election; (3) the amount of loans that are made during the reporting period for campaign or officeholder purposes to the [person or] committee required to file the report [and that in the aggregate exceed $50], the dates the loans are made, the interest rate, the maturity date, the type of collateral for the loans, if any, the full name and address of the person or financial institution making the loans, the full name and address, principal occupation, and name of the employer of each guarantor of the loans, the amount of the loans guaranteed by each guarantor, and the aggregate principal amount of all outstanding loans as of the last day of the reporting period; (4) [(3)] the amount of political expenditures that in the aggregate exceed $100 [$50] and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made, and the dates and purposes of the expenditures; (5) [(4)] the amount of each payment made during the reporting period from a political contribution if the payment is not a political expenditure, the full name and address of the person to whom the payment is made, and the date and purpose of the payment; (6) [(5)] the total amount or a specific listing of the political contributions of $100 [$50] or less accepted and the total amount or a specific listing of the political expenditures of $100 [$50] or less made during the reporting period; (7) [(6)] the total amount of all political contributions accepted and the total amount of all political expenditures made during the reporting period; and (8) [(7)] the name of each candidate or officeholder who benefits from a direct campaign expenditure made during the reporting period by the person or committee required to file the report, and the office sought or held, excluding a direct campaign expenditure that is made by the principal political committee of a political party on behalf of a slate of two or more nominees of that party. (a-1) Instead of the information required by Subsections (a)(4), (6), and (7), each report filed under this chapter by an out-of-state political committee must include: (1) the amount of political expenditures in connection with elections in this state that in the aggregate exceed $100 and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made, and the dates and purposes of the expenditures; (2) the total amount or a specific listing of the political contributions of $100 or less accepted during the reporting period; (3) the total amount or a specific listing of the political expenditures in connection with elections in this state of $100 or less made during the reporting period; (4) the total amount of all political contributions accepted during the reporting period; and (5) the total amount of all political expenditures in connection with elections in this state made during the reporting period. (a-2) A report under this chapter is considered to be in compliance with Subsections (a)(2)(A) and (B) only if the person required to file the report or the person's campaign treasurer shows that the person has used best efforts, as provided by Section 254.0312, to obtain, maintain, and report the information required by that subdivision. SECTION 46. Section 254.0311(b), Election Code, is amended to read as follows: (b) A report filed under this section must include: (1) the amount of contributions from each person, other than a caucus member, that in the aggregate exceed $100 [$50] and that are accepted during the reporting period by the legislative caucus, the full name and address of the person making the contributions, and the dates of the contributions; (2) for each individual from whom the legislative caucus has accepted contributions that in the aggregate exceed $1,000 and that are accepted during the reporting period: (A) the individual's principal occupation or job title; and (B) the full name of the individual's employer, if any; (3) the amount of loans that are made during the reporting period to the legislative caucus [and that in the aggregate exceed $50], the dates the loans are made, the interest rate, the maturity date, the type of collateral for the loans, if any, the full name and address of the person or financial institution making the loans, the full name and address, principal occupation, and name of the employer of each guarantor of the loans, the amount of the loans guaranteed by each guarantor, and the aggregate principal amount of all outstanding loans as of the last day of the reporting period; (4) [(3)] the amount of expenditures that in the aggregate exceed $100 [$50] and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made, and the dates and purposes of the expenditures; (5) [(4)] the total amount or a specific listing of contributions of $100 [$50] or less accepted from persons other than caucus members and the total amount or a specific listing of expenditures of $100 [$50] or less made during the reporting period; and (6) [(5)] the total amount of all contributions accepted, including total contributions from caucus members, and the total amount of all expenditures made during the reporting period. SECTION 47. Subchapter B, Chapter 254, Election Code, is amended by adding Section 254.0312 to read as follows: Sec. 254.0312. BEST EFFORTS. (a) A person required to file a report under this subchapter is considered to have used best efforts to obtain, maintain, and report the information required by Sections 254.031(a)(2)(A) and (B) or Section 254.0311(b)(2) if the person or the person's campaign treasurer complies with this section. (b) Each written solicitation for political contributions or contributions to a legislative caucus from an individual must include: (1) a clear request for the individual's full name and address, the individual's principal occupation or job title, and the full name of the individual's employer; and (2) an accurate statement of state law regarding the collection and reporting of individual contributor information, such as: (A) "State law requires (a political committee or legislative caucus, as applicable) to use best efforts to collect and report the full name and address, principal occupation or job title, and full name of employer of individuals whose contributions exceed $1,000 in a reporting period."; or (B) "To comply with state law, (a political committee or legislative caucus, as applicable) must use best efforts to obtain, maintain, and report the full name and address, principal occupation or job title, and full name of employer of individuals whose contributions exceed $1,000 in a reporting period." (c) For each political contribution or contribution to a legislative caucus received from an individual that, when aggregated with all other such contributions received from the individual during the reporting period, exceeds $1,000 and for which the information required by Sections 254.031(a)(2)(A) and (B) is not provided, the person must make at least one oral or written request for the missing information. A request under this subsection: (1) must be made not later than the 30th day after the date the contribution is received; (2) must include a clear and conspicuous statement that complies with Subsection (b); (3) if made orally, must be documented in writing; and (4) may not be made in conjunction with a solicitation for an additional contribution. (d) A person must report any information required by Sections 254.031(a)(2)(A) and (B) or Section 254.0311(b)(2) that is not provided by the individual making the contribution and that the person has in the person's records of contributions or previous reports under this chapter. (e) A person who receives information required by Sections 254.031(a)(2)(A) and (B) or Section 254.0311(b)(2) after the filing deadline for the report on which the contribution is reported must include the missing information on the next report the person is required to file under this chapter. SECTION 48. Sections 254.034(a) and (d), Election Code, are amended to read as follows: (a) A determination to accept or refuse a political contribution that is received by a [candidate, officeholder, or] political committee shall be made not later than the end of the reporting period during which the contribution is received. (d) A person [candidate, officeholder, or political committee] commits an offense if the person knowingly fails to return a political contribution as required by Subsection (c). SECTION 49. Sections 254.036(c)-(e), Election Code, are amended to read as follows: (c) A [candidate, officeholder, or] political committee that is required to file reports with the commission may file reports that comply with Subsection (a) if the [candidate, officeholder, or] campaign treasurer of the committee files with the commission an affidavit stating that the [candidate, officeholder, or] committee, an agent of the [candidate, officeholder, or] committee, or a person with whom the [candidate, officeholder, or] committee contracts does not use computer equipment to keep the current records of political contributions, political expenditures, or persons making political contributions to the [candidate, officeholder, or] committee. An affidavit under this subsection must be filed with each report filed under Subsection (a). The affidavit must include a statement that the [candidate, officeholder, or] political committee understands that if the [candidate, officeholder, or] committee, a consultant of the [candidate, officeholder, or] committee, or a person with whom the [candidate, officeholder, or] committee contracts uses computer equipment for a purpose described by this subsection, the [candidate, officeholder, or] committee is required to file reports under Subsection (b). (d) A [candidate, officeholder, or] political committee that is required to file reports with the commission, other than the principal political committee of a candidate for or holder of a statewide office or a specific-purpose committee for supporting or opposing such a candidate or assisting such an officeholder, may file reports that comply with Subsection (a) if the [candidate or] committee does not accept political contributions that in the aggregate exceed $20,000 or make political expenditures that in the aggregate exceed $20,000 in a calendar year. A [candidate, officeholder, or] political committee that exceeds $20,000 in political contributions or political expenditures in a calendar year shall file reports as required by Subsection (b) for: (1) any reporting period during the calendar year in which the limit prescribed by this subsection is exceeded, other than a reporting period that has ended on the date the limit is exceeded; and (2) each reporting period during a calendar year subsequent to the calendar year in which the limit is exceeded. (e) The principal political committee of a [A] candidate for an office described by Section 252.005(5) or a specific-purpose committee for supporting or opposing only candidates for an office described by Section 252.005(5) or a measure described by Section 252.007(5) may file reports that comply with Subsection (a). SECTION 50. The heading to Section 254.038, Election Code, is amended to read as follows: Sec. 254.038. TELEGRAM REPORT BY CERTAIN [CANDIDATES AND] POLITICAL COMMITTEES. SECTION 51. Sections 254.038(a)-(c), Election Code, are amended to read as follows: (a) In addition to other reports required by this chapter, the following political committees [persons] shall file additional reports during the period beginning the ninth day before election day and ending at 5 p.m. [12 noon] on the [second] day before election day: (1) the principal political committee of a candidate for statewide office who has an opponent whose name is to appear on the ballot and that [who] accepts political contributions from a person that in the aggregate exceed $5,000 [$1,000] during that reporting period; (2) the principal political committee of a candidate for state senator who has an opponent whose name is to appear on the ballot and that [who] accepts political contributions under Section 253.043(b) [from a person] that in the aggregate exceed $2,500 [$1,000] during that reporting period; (3) the principal political committee of a candidate for state representative who has an opponent whose name is to appear on the ballot and that [who] accepts political contributions under Section 253.043(b) [from a person] that in the aggregate exceed $1,000 [$200] during that reporting period; (4) a specific-purpose committee for supporting or opposing two or more candidates [a candidate] for statewide office and that accepts political contributions from a person that in the aggregate exceed $5,000 [$1,000] during that reporting period; (5) a specific-purpose committee for supporting or opposing two or more candidates [a candidate] for state senator and that accepts political contributions from a person that in the aggregate exceed $2,500 [$1,000] during that reporting period; and (6) a specific-purpose committee for supporting or opposing two or more candidates [a candidate] for state representative and that accepts political contributions from a person that in the aggregate exceed $1,000 [$200] during that reporting period. (b) Each report required by this section must include the amount of the political contributions specified by Subsection (a), the full name and address of the person making the contributions, and the dates of the contributions. (c) A report under this section shall be filed by telegram or telephonic facsimile machine or by hand with the commission not later than 24 [48] hours after the contribution is accepted. SECTION 52. Section 254.039(a), Election Code, is amended to read as follows: (a) In addition to other reports required by this chapter, a general-purpose committee that makes direct campaign expenditures supporting or opposing either a single candidate that in the aggregate exceed $1,000 or a group of candidates that in the aggregate exceed $15,000 during the period beginning the ninth day before election day and ending at 5 p.m. [12 noon] on the [second] day before election day shall file a report by telegram or telephonic facsimile machine or by hand with the commission not later than 24 [48] hours after the expenditure is made. SECTION 53. Section 254.0391(a), Election Code, is amended to read as follows: (a) The principal political committee of a [A] statewide officeholder, a member of the legislature, [or a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature,] or a candidate for statewide office or the legislature or a specific-purpose committee for supporting or opposing two or more candidates for statewide office or the legislature or for assisting two or more statewide officeholders or members of the legislature [the candidate,] that accepts a political contribution during the period beginning on the date the governor signs the proclamation calling a special legislative session and continuing through the date of final adjournment shall report the contribution to the commission not later than the 30th day after the date of final adjournment. SECTION 54. Sections 254.0401(a) and (e), Election Code, are amended to read as follows: (a) The [Except as provided by Subsection (b), the] commission shall make each report filed with the commission under Section 254.036(b) available to the public on the Internet not later than the second business day after the date the report is filed. (e) Before making a report filed under Section 254.036(b) available on the Internet, the commission shall remove each portion, other than street name, city, state, and zip code, of the address of a person listed as having made a political contribution to the person filing the report. The address information removed must remain available on the report maintained in the commission's office but may not be available electronically at that office. SECTION 55. Section 254.041(c), Election Code, is amended to read as follows: (c) A violation of Subsection (a)(3) by the principal political committee of a candidate or officeholder is a Class A misdemeanor if the report fails to include information required by Section 254.061(3) or Section 254.091(2), as applicable. SECTION 56. Subchapter B, Chapter 254, Election Code, is amended by adding Section 254.043 to read as follows: Sec. 254.043. CONTRIBUTION OR EXPENDITURE PROHIBITED WHEN REPORT OUTSTANDING. (a) A political committee that does not file a report required under this chapter may not knowingly accept a political contribution or knowingly make a political expenditure during the period: (1) beginning on the day after the date on which the report is required to be filed; and (2) ending on the date the report is filed. (b) A person who violates this section is liable for a civil penalty not to exceed three times the amount of political contributions accepted and political expenditures made in violation of this section. (c) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. SECTION 57. The heading to Subchapter C, Chapter 254, Election Code, is amended to read as follows:
SUBCHAPTER C. REPORTING BY PRINCIPAL POLITICAL COMMITTEE OF CANDIDATE
SECTION 58. Section 254.061, Election Code, is amended to read as follows: Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by the principal political committee of a candidate must include: (1) the candidate's full name and address, the office sought, and the identity and date of the election for which the report is filed; (2) the campaign treasurer's name, residence or business street address, and telephone number; (3) for each political committee from which the principal political committee [candidate] received notice under Section 254.128 or 254.161: (A) the committee's full name and address; (B) an indication of whether the committee is a general-purpose committee or a specific-purpose committee; [and] (C) the full name and address of the committee's campaign treasurer; and (D) the amount of each political contribution or political expenditure; (4) the full name and address of each individual acting as a campaign treasurer of a political committee under Section 253.062 from whom the principal political committee [candidate] received notice under Section 254.128 or 254.161; and (5) on a separate page or pages of the report, the identification of any payment from political contributions made to a business in which the candidate has a participating interest of more than 10 percent, holds a position on the governing body of the business, or serves as an officer of the business. SECTION 59. The heading to Section 254.0611, Election Code, is amended to read as follows: Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF CERTAIN JUDICIAL CANDIDATES AND OFFICEHOLDERS. SECTION 60. Section 254.0611(a), Election Code, is amended to read as follows: (a) In addition to the contents required by Sections 254.031 and 254.061, each report by the principal political committee of a candidate for or holder of a judicial office covered by Subchapter F, Chapter 253, must include: (1) the total amount of political contributions, including interest or other income, maintained in one or more accounts in which political contributions are deposited as of the last day of the reporting period; (2) for each individual from whom the principal political committee [person] filing the report has accepted political contributions that in the aggregate exceed $100 [$50] and that are accepted during the reporting period: (A) the principal occupation and job title of the individual and the full name of the employer of the individual or of the law firm of which the individual or the individual's spouse is a member, if any; or (B) if the individual is a child, the full name of the law firm of which either of the individual's parents is a member, if any; (3) a specific listing of each asset valued at $500 or more that was purchased with political contributions and on hand as of the last day of the reporting period; (4) for each political contribution accepted by the principal political committee [person] filing the report but not received as of the last day of the reporting period: (A) the full name and address of the person making the contribution; (B) the amount of the contribution; and (C) the date of the contribution; and (5) for each outstanding loan to the principal political committee [person] filing the report as of the last day of the reporting period: (A) the full name and address of the person or financial institution making the loan; and (B) the full name and address of each guarantor of the loan other than the candidate or officeholder. SECTION 61. Section 254.063, Election Code, is amended to read as follows: Sec. 254.063. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL POLITICAL COMMITTEE OF CANDIDATE. (a) The principal political committee of a [A] candidate shall file two reports for each year as provided by this section. (b) The first report shall be filed not later than July 15. The report covers the period beginning January 1, the day the principal political committee's [candidate's] campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through June 30. (c) The second report shall be filed not later than January 15. The report covers the period beginning July 1, the day the principal political committee's [candidate's] campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through December 31. SECTION 62. The heading to Section 254.064, Election Code, is amended to read as follows: Sec. 254.064. ADDITIONAL REPORTS OF PRINCIPAL POLITICAL COMMITTEE OF OPPOSED CANDIDATE. SECTION 63. Sections 254.064(a), (b), (d), and (e), Election Code, are amended to read as follows: (a) In addition to other required reports, for each election in which a person is a candidate and has an opponent whose name is to appear on the ballot, the person's principal political committee [person] shall file two reports. (b) The first report shall be filed not later than the 30th day before election day. The report covers the period beginning the day the principal political committee's [candidate's] campaign treasurer appointment is filed or the first day after the period covered by the last report required to be filed under this chapter, as applicable, and continuing through the 40th day before election day. (d) If a person becomes an opposed candidate after a reporting period prescribed by Subsection (b) or (c), the person's principal political committee [person] shall file the committee's [person's] first report not later than the regular deadline for the report covering the period during which the person becomes an opposed candidate. The period covered by the first report begins the day the committee's [candidate's] campaign treasurer appointment is filed. (e) In addition to other required reports, the principal political committee of an opposed candidate in a runoff election shall file one report for that election. The runoff election report shall be filed not later than the eighth day before runoff election day. The report covers the period beginning the ninth day before the date of the main election and continuing through the 10th day before runoff election day. SECTION 64. Sections 254.065 and 254.066, Election Code, are amended to read as follows: Sec. 254.065. FINAL REPORT. (a) If the principal political committee of a candidate expects no reportable activity in connection with the candidacy to occur after the period covered by a report filed under this subchapter, the committee [candidate] may designate the report as a "final" report. (b) The designation of a report as a final report: (1) relieves the principal political committee [candidate] of the duty to file additional reports under this subchapter, except as provided by Subsection (c); and (2) terminates the committee's [candidate's] campaign treasurer appointment. (c) If, after a principal political committee's [candidate's] final report is filed, reportable activity with respect to the candidacy occurs, the committee [candidate] shall file the appropriate reports under this subchapter and is otherwise subject to the provisions of this title applicable to principal political committees of candidates. A report filed under this subsection may be designated as a final report. Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. (a) Except as provided by Subsection (b), reports under this subchapter shall be filed with the authority with whom the principal political committee's [candidate's] campaign treasurer appointment is required to be filed. (b) A report required to be filed under this subchapter by the principal political committee of a candidate for a judicial district office filled by voters of only one county shall also be filed with the county clerk. SECTION 65. Sections 254.091-254.092, Election Code, are amended to read as follows: Sec. 254.091. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by the principal political committee of an officeholder must include: (1) the officeholder's full name and address and the office held; (2) for each political committee from which the officeholder received notice under Section 254.128 or 254.161: (A) the committee's full name and address; (B) an indication of whether the committee is a general-purpose committee or a specific-purpose committee; [and] (C) the full name and address of the committee's campaign treasurer; and (D) the amount of each political contribution or political expenditure; and (3) on a separate page or pages of the report, the identification of any payment from political contributions made to a business in which the officeholder has a participating interest of more than 10 percent, holds a position on the governing body of the business, or serves as an officer of the business. Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF CERTAIN JUDICIAL OFFICEHOLDERS. In addition to the contents required by Sections 254.031 and 254.091, each report by the principal political committee of a holder of a judicial office covered by Subchapter F, Chapter 253, must include the contents prescribed by Section 254.0611. Sec. 254.092. CERTAIN OFFICEHOLDER EXPENDITURES EXCLUDED. The principal political committee of an [An] officeholder is not required to report officeholder expenditures made from the officeholder's personal funds, except as provided by Section 253.035(h). SECTION 66. The heading to Section 254.093, Election Code, is amended to read as follows: Sec. 254.093. SEMIANNUAL REPORTING SCHEDULE FOR PRINCIPAL POLITICAL COMMITTEE OF OFFICEHOLDER. SECTION 67. Section 254.093(a), Election Code, is amended to read as follows: (a) The principal political committee of an [An] officeholder shall file two reports for each year as provided by this section. SECTION 68. Sections 254.095-254.097, Election Code, are amended to read as follows: Sec. 254.095. REPORT NOT REQUIRED. If at the end of any reporting period prescribed by this subchapter the principal political committee of an officeholder who is required to file a report with an authority other than the commission has not accepted political contributions that in the aggregate exceed $500 or made political expenditures that in the aggregate exceed $500, the committee [officeholder] is not required to file a report covering that period. Sec. 254.096. OFFICEHOLDER WHO BECOMES CANDIDATE. The principal political committee of an [An] officeholder who becomes a candidate is subject to Subchapter C during each period covered by a report required to be filed under Subchapter C. Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. (a) Except as provided by Subsection (b), reports under this subchapter shall be filed with the authority with whom the principal political committee's [a] campaign treasurer appointment [by a candidate for the office held by the officeholder] is required to be filed. (b) A report required to be filed under this subchapter by the principal political committee of a holder of a judicial district office filled by voters of only one county shall also be filed with the county clerk. SECTION 69. Section 254.121, Election Code, is amended to read as follows: Sec. 254.121. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by a campaign treasurer of a specific-purpose committee must include: (1) the committee's full name and address; (2) the full name, residence or business street address, and telephone number of the committee's campaign treasurer; (3) the identity and date of the election for which the report is filed, if applicable; (4) the name of each candidate and each measure supported or opposed by the committee, indicating for each whether the committee supports or opposes; (5) the name of each officeholder assisted by the committee; (6) the amount of each political expenditure in the form of a political contribution that is made to [a candidate, officeholder, or] another political committee and that is returned to the committee during the reporting period, the name of the committee [person] to whom the expenditure was originally made, and the date it is returned; (7) on a separate page or pages of the report, the identification of any payment from political contributions made to a business in which a [the] candidate or officeholder supported or assisted by the committee has a participating interest of more than 10 percent, holds a position on the governing body of the business, or serves as an officer of the business; and (8) on a separate page or pages of the report, the identification of any contribution from a corporation or labor organization made and accepted under Subchapter D, Chapter 253. SECTION 70. The heading to Section 254.126, Election Code, is amended to read as follows: Sec. 254.126. DISSOLUTION REPORT OF COMMITTEE FOR ASSISTING OFFICEHOLDERS [OFFICEHOLDER]. SECTION 71. Section 254.126(a), Election Code, is amended to read as follows: (a) If a specific-purpose committee for assisting only officeholders [an officeholder] expects no reportable activity to occur after the period covered by a report filed under this subchapter, the committee's campaign treasurer may designate the report as a "dissolution" report. SECTION 72. Section 254.128, Election Code, is amended by amending Subsections (a) and (b) and adding Subsection (b-1) to read as follows: (a) If a specific-purpose committee accepts political contributions or makes political expenditures for a candidate or officeholder, the committee's campaign treasurer shall deliver written notice of that fact to the principal political committee of the affected candidate or officeholder not later than the end of the period covered by the report in which the reportable activity occurs. (b) The notice must include: (1) the full name and address of the political committee and its campaign treasurer; (2) [and] an indication that the committee is a specific-purpose committee; and (3) the amount of each political contribution accepted or political expenditure made. (b-1) For purposes of the notice required by this section, a specific-purpose committee that makes a political expenditure that benefits more than one candidate or officeholder shall, in compliance with rules adopted by the commission, allocate a portion of the expenditure to each candidate or officeholder whom the expenditure benefits in proportion to the benefit received by the candidate or officeholder. For purposes of this subsection: (1) a political expenditure for supporting a candidate or assisting an officeholder benefits each candidate or officeholder supported or assisted; and (2) a political expenditure for opposing a candidate benefits each opponent of the candidate. SECTION 73. Section 254.151, Election Code, is amended to read as follows: Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition to the contents required by Section 254.031, each report by a campaign treasurer of a general-purpose committee must include: (1) the committee's full name and address; (2) the full name, residence or business street address, and telephone number of the committee's campaign treasurer; (3) the identity and date of the election for which the report is filed, if applicable; (4) the name of each identified candidate or measure or classification by party of candidates supported or opposed by the committee, indicating whether the committee supports or opposes each listed candidate, measure, or classification by party of candidates; (5) the name of each identified officeholder or classification by party of officeholders assisted by the committee; (6) the principal occupation of each person from whom political contributions that in the aggregate exceed $100 [$50] are accepted during the reporting period; (7) the amount of each political expenditure in the form of a political contribution made to [a candidate, officeholder, or] another political committee that is returned to the committee during the reporting period, the name of the committee [person] to whom the expenditure was originally made, and the date it is returned; and (8) on a separate page or pages of the report, the identification of any contribution from a corporation or labor organization made and accepted under Subchapter D, Chapter 253. SECTION 74. Subchapter F, Chapter 254, Election Code, is amended by adding Sections 254.1511 and 254.1512 to read as follows: Sec. 254.1511. REPORTS BY PRINCIPAL POLITICAL COMMITTEE OF POLITICAL PARTY; ADDITIONAL CONTENTS. (a) Each report by the principal political committee of the state executive committee of a political party must list the political contributions and political expenditures made in connection with each candidate or officeholder on a separate schedule. (b) In addition to the contents required by Sections 254.031 and 254.151, each report by the principal political committee of the state executive committee of a political party must include, for each candidate or officeholder for whose benefit the committee makes a political contribution or political expenditure in the calendar year: (1) the total amount of political contributions made during the calendar year to the principal political committee of the candidate or officeholder; and (2) the total amount of political expenditures made during the calendar year for the benefit of the candidate or officeholder. Sec. 254.1512. CONTENTS OF REPORTS OF FEDERALLY REGISTERED COMMITTEE. (a) This section applies only to a general-purpose committee that is registered under Subchapter I, Chapter 14, Title 2, United States Code. (b) Each report by the campaign treasurer of a general-purpose committee to which this section applies must include the contents required by Sections 254.031 and 254.151, except as provided by this section. (c) Instead of the information required by Sections 254.031(a)(1)-(4) and (6), the committee's report must include: (1) for each political contribution accepted during the reporting period by the committee that, when aggregated with each other political contribution accepted by the committee during the calendar year from the person making the contribution, exceeds $200: (A) the amount of the contribution; (B) the full name and address and principal occupation of the person making the contribution; (C) the full name of the person's employer, if any; and (D) the date of the contribution; (2) for each loan made during the reporting period to the committee for campaign purposes that, when aggregated with each other loan made to the committee during the calendar year by the person making the loan, exceeds $200: (A) the amount of the loan; (B) the full name and address of the person or financial institution making the loan; (C) the date of the loan; (D) the interest rate; (E) the maturity date; (F) the type of collateral for the loan, if any; (G) the full name and address, principal occupation, and name of the employer of each guarantor of the loan; and (H) the amount of the loan guaranteed by each guarantor; (3) for each political expenditure made during the reporting period by the committee that, when aggregated with each other political expenditure made by the committee during the calendar year to the person, exceeds $200: (A) the amount of the expenditure; (B) the full name and address of the person to whom the expenditure is made; and (C) the date of the expenditure; and (4) the total amount or a specific listing of the political contributions of $200 or less accepted and the total amount of political expenditures of $200 or less made during the reporting period. (d) The committee's report must also include the aggregate principal amount of all outstanding loans as of the last day of the reporting period. (e) The committee's report need not include the amount of a payment that is reported as a contribution under Subchapter I, Chapter 14, Title 2, United States Code. (f) Section 254.156 does not apply to a committee to which this section applies. (g) Notwithstanding Section 571.065, Government Code, a committee to which this section applies may report the information required by Subsections (c) and (d) on a form adopted or accepted by the Federal Elections Commission. SECTION 75. Section 254.156, Election Code, is amended to read as follows: Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly report filed under this subchapter must comply with Sections 254.031, 254.0312, and 254.151, except that: (1) the maximum amount of a political contribution, expenditure, or loan that is not required to be individually reported is $20 [$10] in the aggregate; and (2) the maximum amount of a political contribution from an individual for which the information described by Sections 254.031(a)(2)(A) and (B) is not required is $200 in the aggregate. SECTION 76. Subchapter F, Chapter 254, Election Code, is amended by adding Section 254.164 to read as follows: Sec. 254.164. CRIMINAL PENALTY FOR INTENTIONAL FAILURE TO FILE COMPLETE REPORT. (a) A general-purpose committee that is required by this chapter to file a report commits an offense if the committee intentionally fails: (1) to file the report on time; or (2) to include in the report information that is: (A) required by this title to be included; and (B) material to a complete understanding of the committee's reportable activity under this title. (b) An offense under this section is a Class B misdemeanor. SECTION 77. Section 254.181(a), Election Code, is amended to read as follows: (a) The principal political committee of an [An] opposed candidate or a specific-purpose committee required to file reports under Subchapter C or E may file a report under this subchapter instead if the [candidate or] committee does not intend to accept political contributions that in the aggregate exceed $500 or to make political expenditures that in the aggregate exceed $500 in connection with the election. SECTION 78. Section 254.182, Election Code, is amended to read as follows: Sec. 254.182. DECLARATION OF INTENT REQUIRED. (a) To be entitled to file reports under this subchapter, the principal political committee of an opposed candidate or a specific-purpose committee must file with the campaign treasurer appointment a written declaration of intent not to exceed $500 in political contributions or political expenditures in the election. (b) The declaration of intent must contain a statement that the [candidate or] committee understands that if the $500 maximum for contributions and expenditures is exceeded, the [candidate or] committee is required to file reports under Subchapter C or E, as applicable. SECTION 79. Sections 254.183(a), (b), and (d), Election Code, are amended to read as follows: (a) The principal political committee of an [An] opposed candidate or a specific-purpose committee that exceeds $500 in political contributions or political expenditures in the election shall file reports as required by Subchapter C or E, as applicable. (b) If a [candidate or] committee exceeds the $500 maximum after the filing deadline prescribed by Subchapter C or E for the first report required to be filed under the appropriate subchapter, the [candidate or] committee shall file a report not later than 48 hours after the maximum is exceeded. (d) The reporting period for the next report filed by the [candidate or] committee begins on the day after the last day of the period covered by the report filed under Subsection (b). SECTION 80. Section 254.184, Election Code, is amended to read as follows: Sec. 254.184. APPLICABILITY OF REGULAR REPORTING REQUIREMENTS. (a) Subchapter C or E, as applicable, applies to the principal political committee of an opposed candidate or a specific-purpose committee filing under this subchapter to the extent that the appropriate subchapter does not conflict with this subchapter. (b) A [candidate or] committee filing under this subchapter is not required to file any reports of political contributions and political expenditures other than the semiannual reports required to be filed not later than July 15 and January 15. SECTION 81. Section 254.201(a), Election Code, is amended to read as follows: (a) This section applies to: (1) a former officeholder who has unexpended political contributions after the officeholder's principal political committee files [filing] the last report required to be filed by Subchapter D; or (2) a person who was an unsuccessful candidate who has unexpended political contributions after the candidate's principal political committee files [filing] the last report required to be filed by Subchapter C. SECTION 82. Section 254.203(a), Election Code, is amended to read as follows: (a) A person may not retain political contributions covered by this title, assets purchased with the contributions, or interest and other income earned on the contributions for more than six years after the later of: (1) the date the person [either] ceases to be an officeholder; or (2) the date of the most recent election in which the person was a candidate [or files a final report under this chapter, whichever is later]. SECTION 83. Sections 254.204(a) and (d), Election Code, are amended to read as follows: (a) At the end of the [six-year] period prescribed by Section 254.203, the former officeholder or candidate shall remit any unexpended political contributions to one or more of the following: (1) the political party with which the person was affiliated when the person's name last appeared on a ballot; (2) a [candidate or] political committee; (3) the comptroller [of public accounts] for deposit in the state treasury [State Treasury]; (4) one or more persons from whom political contributions were received, in accordance with Subsection (d); (5) a recognized tax-exempt, charitable organization formed for educational, religious, or scientific purposes; [or] (6) a public or private postsecondary educational institution or an institution of higher education as defined by Section 61.003 [61.003(8)], Education Code, solely for the purpose of assisting or creating a scholarship program; or (7) the commission for deposit in the fair campaign spending fund under Section 251.034. (d) The amount of political contributions disposed of under Subsection (a)(4) to one person may not exceed the aggregate amount accepted from that person during the last two years that the principal political committee of the candidate or officeholder accepted contributions under this title. SECTION 84. Section 254.205(a), Election Code, is amended to read as follows: (a) Not later than the 30th day after the date the [six-year] period prescribed by Section 254.203 ends, the person required to dispose of unexpended political contributions shall file a report of the disposition. SECTION 85. Section 254.231(b), Election Code, is amended to read as follows: (b) The principal political committee of each [Each] opposing candidate whose name appears on the ballot is entitled to recover damages under this section. SECTION 86. Section 255.001(a), Election Code, is amended to read as follows: (a) A person may not knowingly enter into a contract or other agreement to print, copy, publish, or broadcast political advertising that does not indicate in the advertising: (1) that it is political advertising; and (2) the full name and address of: (A) [either] the individual who caused the advertising to be printed, copied, published, or broadcast; (B) the campaign treasurer of the candidate, officeholder, or political committee on whose behalf the advertising is printed, copied, published, or broadcast; or (C) the candidate, officeholder, or political committee on whose behalf the advertising is printed, copied, published, or broadcast [personally entered into the contract or agreement with the printer, publisher, or broadcaster or the person that individual represents; and [(3) in the case of advertising that is printed or published, the address of either the individual who personally entered into the agreement with the printer or publisher or the person that individual represents]. SECTION 87. Chapter 255, Election Code, is amended by adding Sections 255.009-255.011 to read as follows: Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING CONCERNING CERTAIN UNPAID CIVIL PENALTIES. (a) Political advertising by a person who fails to pay a civil penalty imposed by the commission for a violation of this title must, in addition to any other disclosure required under this chapter, include the following statement: "(Name of candidate or committee) has failed to pay a civil penalty imposed by the Texas Ethics Commission for a violation of Title 15, Election Code." (b) The commission shall adopt rules providing for: (1) the minimum size of the disclosure required by this section in political advertising that appears on television or in writing; and (2) the minimum duration of the disclosure required by this section in political advertising that appears on television or radio. (c) Subsection (a) does not apply to a civil penalty imposed by the commission that is the subject of an appeal under Section 571.133, Government Code. (d) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. Sec. 255.010. RESTRICTIONS ON CERTAIN TELEPHONE ADVERTISING AND POLLING. (a) Not later than 24 hours after the time a person begins to conduct a telephone advertising campaign or poll in connection with a campaign for an office for which a campaign treasurer appointment must be filed with the commission, other than an office described by Section 252.005(5), the person shall file with the commission the script that will be used in conducting the advertising campaign or poll. The commission may not take any action in connection with a script filed under this subsection other than making the script available to the public on request. (b) This section applies only to a telephone advertising campaign or poll conducted by a person that is: (1) affiliated or aligned with a candidate, political committee, political party, or campaign consultant; or (2) compensated by a candidate, political committee, political party, or campaign consultant for conducting the advertising campaign or poll. (c) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. Sec. 255.011. FURNISHING EARLY VOTING BALLOT WITH CAMPAIGN COMMUNICATION OR POLITICAL ADVERTISING PROHIBITED; EXCEPTION. (a) A person may not knowingly furnish to another person an application for an early voting ballot to be voted by mail that is part of or included with a campaign communication or political advertising. (b) Subsection (a) does not apply to an application for an early voting ballot that is furnished by: (1) an individual, candidate, or officeholder not working in concert with another person; or (2) the principal political committee of the state executive committee or a county executive committee of a political party. (c) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor. SECTION 88. Sections 251.005, 252.0031(b), 253.031(e), 253.032, 253.036, 253.042(a) and (g), 254.001(a), and 254.0401(b) and (c), Election Code, are repealed. SECTION 89. (a) Not later than September 15, 2003, each person who on September 1, 2003, is a candidate, as that term is defined in Section 251.001, Election Code, or an officeholder covered by Title 15, Election Code, shall designate a principal political committee as required by Section 251.010, Election Code, as added by this Act. (b) Not later than the 15th day after the date a candidate or officeholder designates a principal political committee as required by Subsection (a) of this section, the person shall transfer to the committee each asset that the person holds in the person's capacity as a candidate or officeholder. (c) Not later than the 15th day after the date a candidate or officeholder designates a principal political committee as required by Subsection (a) of this section, the committee shall assume each liability of the person in the person's capacity as a candidate or officeholder. SECTION 90. (a) Section 253.031, Election Code, as amended by this Act, applies only to a political contribution accepted or political expenditure made by an out-of-state political committee, as that term is defined by Section 251.001, Election Code, on or after September 1, 2003. A political contribution accepted or a political expenditure made by an out-of-state political committee before September 1, 2003, is governed by the law in effect at the time the contribution was accepted or expenditure was made, and the former law is continued in effect for that purpose. (b) Sections 253.042 and 253.162, Election Code, as amended by this Act, apply only to repayment of a loan or extension of credit that is made on or after September 1, 2003. The repayment of a loan or extension of credit that was made before September 1, 2003, is governed by the law in effect on the date the loan or extension of credit was made, and the former law is continued in effect for that purpose. (c) Sections 253.043 and 253.044, Election Code, as added by this Act, apply only to a political contribution accepted on or after September 1, 2003. A political contribution accepted before September 1, 2003, is governed by the law in effect at the time the contribution was accepted, and the former law is continued in effect for that purpose. (d) Chapter 254, Election Code, as amended by this Act, applies only to the reporting of a political contribution accepted or political expenditure made on or after September 1, 2003. The reporting of a political contribution accepted or a political expenditure made before that date is governed by the law in effect at the time the contribution or expenditure was accepted or made, and the former law is continued in effect for that purpose. (e) Subchapter H, Chapter 254, Election Code, as amended by this Act, applies only to a person who is a candidate, as that term is defined by Section 251.001, Election Code, or an officeholder subject to Title 15, Election Code, on September 1, 2003. A person who is a former candidate or former officeholder on September 1, 2003, is subject to Subchapter H, Chapter 254, Election Code, as that subchapter existed immediately before amendment by this Act, and the former law is continued in effect for that purpose. (f) Notwithstanding Section 254.203, Election Code, as that section existed before amendment by this Act, a person who ceased to be an officeholder or who was last a candidate in an election before September 1, 1997, shall, not later than January 1, 2004, dispose of unexpended political contributions, assets purchased with political contributions, and interest or other income earned on political contributions in compliance with Section 254.203, Election Code, as amended by this Act. A person who ceased to be an officeholder or candidate on or after September 1, 1997, shall dispose of unexpended political contributions, assets purchased with political contributions, and interest or other income earned on political contributions in compliance with Section 254.203, Election Code, as amended by this Act, regardless of whether the person has filed a final report under Chapter 254, Election Code. (g) The changes in law made to Sections 254.041, 254.128, 254.161, and 255.001, Election Code, by this Act apply only to an offense committed on or after September 1, 2003. For the purposes of this section, an offense is committed before September 1, 2003, if any element of the offense occurs before that date. (h) An offense under Section 253.042, 254.041, 254.128, 254.161, or 255.001, Election Code, that is committed before September 1, 2003, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 91. This Act takes effect September 1, 2003.