78R7508 ESH-D
By: Farabee H.B. No. 2196
A BILL TO BE ENTITLED
AN ACT
relating to limits on political contributions to and direct
expenditures made on behalf of legislative candidates,
officeholders, and political committees supporting or opposing
such candidates; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 253, Election Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. CONTRIBUTION LIMITS FOR
LEGISLATIVE OFFICE
Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a political contribution or direct campaign
expenditure in connection with:
(1) the office of state senator; or
(2) the office of state representative.
Sec. 253.202. CONTRIBUTION LIMITS. (a) A person other than
a general-purpose committee may not knowingly make or authorize
political contributions to a legislative candidate or officeholder
that in the aggregate exceed the following limits for the period
beginning January 1 and ending June 30 or for the period beginning
July 1 and ending December 31:
(1) for the office of state senator, $10,000; or
(2) for the office of state representative, $5,000.
(b) A general-purpose committee may not knowingly make or
authorize political contributions to a legislative candidate or
officeholder that in the aggregate exceed the following limits for
the period beginning January 1 and ending June 30 or for the period
beginning July 1 and ending December 31:
(1) for the office of state senator, $50,000; or
(2) for the office of state representative, $25,000.
(c) A person may not knowingly accept a political
contribution, and shall refuse a political contribution that is
received, in violation of Subsection (a) or (b).
(d) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of the political
contributions made or accepted in violation of this section.
Sec. 253.203. CONTRIBUTION TO CERTAIN COMMITTEES
CONSIDERED CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes
of Section 253.202, a political contribution to a specific-purpose
committee for the purpose of supporting a legislative candidate,
opposing the legislative candidate's opponent, or assisting the
legislative candidate as an officeholder is considered to be a
contribution to the candidate or officeholder.
Sec. 253.204. CERTAIN DIRECT CAMPAIGN EXPENDITURES
CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
253.202, a direct campaign expenditure is considered to be a
campaign contribution to a legislative candidate if it is made with
the cooperation or prior consent of, in consultation with, or at the
suggestion of:
(1) the candidate;
(2) a specific-purpose committee for supporting the
candidate or opposing the candidate's opponent; or
(3) a person acting with the candidate's knowledge and
consent.
Sec. 253.205. NOTICE TO CERTAIN CANDIDATES OR OFFICEHOLDERS
OF INTENT TO ACCEPT CONTRIBUTIONS OR MAKE EXPENDITURES. (a) The
campaign treasurer of a specific-purpose committee that intends to
accept political contributions or make political expenditures for
the purpose of supporting a candidate for a legislative office,
opposing a legislative candidate's opponent, or assisting a
legislative candidate as an officeholder shall deliver written
notice of the committee's intent to the affected candidate or
officeholder.
(b) The notice must include the full name and address of the
specific-purpose committee and of its campaign treasurer.
(c) The notice must be delivered not later than the later
of:
(1) the date the committee files its campaign
treasurer appointment; or
(2) the third day after the date the committee
determines that it intends to accept political contributions or
make political expenditures for which notice under this section is
required.
(d) A campaign treasurer who violates this section is liable
for a civil penalty in an amount not to exceed three times the
political contributions accepted or political expenditures made
for a purpose described by Subsection (a) before notice is
delivered to the affected candidate or officeholder.
Sec. 253.206. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
of a specific-purpose committee that receives a political
contribution or makes a direct campaign expenditure that is
considered under Section 253.203 or 253.204 to be a contribution to
a legislative candidate or officeholder shall, not later than the
fifth day after the date the contribution is received or the
expenditure is made, deliver written notice of that fact to the
affected candidate or officeholder.
(b) A legislative candidate or officeholder who receives a
political contribution covered by Section 253.202 shall, not later
than the fifth day after the date the contribution is received,
deliver written notice of that fact to the campaign treasurer of
each specific-purpose committee that notifies the candidate or
officeholder under Section 253.205 that the committee intends to
accept political contributions or make political expenditures on
the candidate's or officeholder's behalf.
(c) A notice under this section must include:
(1) the full name and address of the person receiving
the political contribution and of the person's campaign treasurer,
if any;
(2) the full name and address of the person making the
contribution;
(3) the date the contribution is received; and
(4) the amount of the contribution.
(d) A person who violates this section is liable for a civil
penalty in an amount not to exceed three times the amount of
political contributions for which notice was not provided.
Sec. 253.207. RETURN OF EXCESS CONTRIBUTION. (a) A person
who receives a political contribution the acceptance of which would
violate Section 253.202 shall return the contribution to the
contributor not later than the 10th day after the date the
contribution is received.
(b) A political contribution that is not returned as
required by this section is considered to be accepted.
SECTION 2. Section 253.003(c), Election Code, is amended to
read as follows:
(c) This section does not apply to a political contribution
made or accepted in violation of Subchapter F or G.
SECTION 3. Section 253.004(b), Election Code, is amended to
read as follows:
(b) This section does not apply to a political expenditure
made or authorized in violation of Subchapter F or G.
SECTION 4. Section 253.005(b), Election Code, is amended to
read as follows:
(b) This section does not apply to a political expenditure
that is:
(1) prohibited by Section 253.101; or
(2) made from a political contribution made in
violation of Subchapter F or G.
SECTION 5. Section 254.034, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) This section applies to a political contribution
covered by Subchapter G, Chapter 253, except as provided by Section
253.207.
SECTION 6. Subchapter C, Chapter 254, Election Code, is
amended by adding Section 254.0612 to read as follows:
Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY
LEGISLATIVE CANDIDATES. In addition to the contents required by
Sections 254.031 and 254.061, each report by a candidate for a
legislative office must include, for each political contribution of
which the candidate receives notice under Section 253.206:
(1) the full name and address of the committee
receiving the contribution;
(2) the full name and address of the committee's
campaign treasurer;
(3) the full name and address of the person making the
contribution;
(4) the date the contribution is received;
(5) the amount of the contribution; and
(6) an indication of whether the committee accepted or
refused the contribution.
SECTION 7. Subchapter D, Chapter 254, Election Code, is
amended by adding Section 254.0912 to read as follows:
Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY
LEGISLATIVE OFFICEHOLDERS. In addition to the contents required by
Sections 254.031 and 254.091, each report by the holder of a
legislative office must include the contents prescribed by Section
254.0612.
SECTION 8. Subchapter E, Chapter 254, Election Code, is
amended by adding Section 254.1212 to read as follows:
Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
COMMITTEES. In addition to the contents required by Sections
254.031 and 254.121, each report by a specific-purpose committee
for supporting or opposing a legislative candidate for or assisting
a holder of a legislative office must include the contents
prescribed by Section 254.0612.
SECTION 9. (a) Subchapter G, Chapter 253, Election Code, as
added by this Act, applies only to a political contribution
accepted or a political expenditure made on or after September 1,
2003. A political contribution accepted or a political expenditure
made before September 1, 2003, is governed by the law in effect at
the time the contribution was accepted or the expenditure was made
and is not aggregated with political contributions accepted or
political expenditures made on or after that date.
(b) Sections 254.0612, 254.0912, and 254.1212, Election
Code, as added by this Act, apply 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 political expenditure made before September 1, 2003, is
governed by the law in effect at the time the contribution was
accepted or the expenditure was made.
SECTION 10. This Act takes effect September 1, 2003.