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.