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78R3595 ESH-D
By: Gallego H.B. No. 1581
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of information relating to the occupation
and employer of persons making certain political contributions or
contributions to legislative caucuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.031, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) 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 $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 person or
committee required to file the report has accepted political
contributions that in the aggregate exceed $250 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 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 $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 $50 or less accepted and the total
amount or a specific listing of the political expenditures of $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) A report under this chapter is considered to be in
compliance with Subsection (a)(2) 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
subsection.
SECTION 2. Section 254.0311, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) 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 $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 $250
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 $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 $50 or less accepted from persons other than
caucus members and the total amount or a specific listing of
expenditures of $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.
(b-1) A report under this section is considered to be in
compliance with Subsection (b)(2) 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
subsection.
SECTION 3. 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
Section 254.031(a)(2) or 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 $250 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 $250 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 $250 and for which
the information required by Section 254.031(a)(2) or
254.0311(b)(2) 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 Section
254.031(a)(2) or 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 Section
254.031(a)(2) or 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 4. (a) Section 254.031, Election Code, as amended
by this Act, applies only to the reporting of a political
contribution accepted on or after September 1, 2003. The reporting
of a political contribution accepted before September 1, 2003, is
governed by the law in effect on the date the contribution was
accepted, and the former law is continued in effect for that
purpose.
(b) Section 254.0311, Election Code, as amended by this Act,
applies only to the reporting of a contribution to a legislative
caucus accepted on or after September 1, 2003. The reporting of a
contribution to a legislative caucus accepted before September 1,
2003, is governed by the law in effect on the date the contribution
was accepted, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2003.