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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.