78R7706 ESH-D

By:  Farabee                                                      H.B. No. 2195



A BILL TO BE ENTITLED

AN ACT

relating to the regulation and reporting of certain political 
contributions, political expenditures, and political advertising.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 251.001, Election Code, is amended by 
amending Subdivision (16) and adding Subdivision (21) to read as 
follows:
		(16)  "Political advertising" means a communication, 
including a communication that contains express advocacy,
supporting or opposing a candidate for nomination or election to a 
public office or office of a political party, a political party, a 
public officer, or a measure that:
			(A)  in return for consideration, is published in 
a newspaper, magazine, or other periodical or is broadcast by radio 
or television; or
			(B)  appears in a pamphlet, circular, flier, 
billboard or other sign, bumper sticker, or similar form of written 
communication.
		(21)  "Express advocacy" means a communication, other 
than a communication appearing in a news story, commentary, or 
editorial distributed through the facilities of a broadcast station 
that is not owned or controlled by a political party, political 
committee, or candidate, that advocates the election or defeat of a 
candidate by:
			(A)  containing the name of the candidate or 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;
			(B)  referring to one or more clearly identified 
candidates or officeholders in a paid advertisement that:
				(i)  is distributed by broadcast, cable, or 
satellite television or radio, published in a newspaper, magazine, 
or other periodical, appears on a billboard or other sign, or is 
delivered through the mail;
				(ii)  is distributed, published, or 
delivered to an audience that includes persons residing in an area 
that is included in the territory from which the candidate or 
officeholder seeks to be or is elected; and
				(iii)  is distributed, published, or 
delivered at any time during the 60 days before the date of an 
election in which the person identified is a candidate; or
			(C)  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.
	SECTION 2.  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 and:
			(A)  the office sought by each listed candidate, 
and, if applicable, the district number of that office; and
			(B)  an indication of[, 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 
and the office held by each listed officeholder, and, if 
applicable, the district number of that office;
		(6)  the principal occupation of each person from whom 
political contributions that in the aggregate exceed $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 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 3.  Section 254.151, Election Code, as amended by 
this Act, applies only to a report by a general-purpose committee 
under Chapter 254, Election Code, that is required to be filed on or 
after September 1, 2003.  A report by a general-purpose committee 
that was required to be filed before September 1, 2003, is governed 
by the law in effect on the date the report was required to be filed, 
and the former law is continued in effect for that purpose.
	SECTION 4.   This Act takes effect September 1, 2003.