78R4526 ATP-D

By:  Shapleigh                                                    S.B. No. 649


A BILL TO BE ENTITLED
AN ACT
relating to the reporting of political contributions and expenditures. 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 (c) 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 equal $500 or more 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 primary 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. (c) A report under this chapter is considered to be in compliance with Subsection (a)(2) only if the person or committee required to file the report or the person's or committee's campaign treasurer shows that the person or committee has used reasonable efforts, as provided by Section 254.0312, to obtain, maintain, and report the information required by that subsection. SECTION 2. Subchapter B, Chapter 254, Election Code, is amended by adding Section 254.0312 to read as follows: Sec. 254.0312. REASONABLE EFFORTS. (a) A person or committee required to file a report under this subchapter is considered to have used reasonable efforts to obtain, maintain, and report the information required by Section 254.031(a)(2) if the person or the person's or committee's campaign treasurer complies with this section. (b) Each written solicitation for political contributions from an individual must include a clear and conspicuous 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 primary employer. (c) For each political contribution received from an individual that, when aggregated with all other political contributions received from the individual during the reporting period, equals $500 or more and for which the information required by Section 254.031(a)(2) is not provided, the person or committee 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; and (2) may not be made in conjunction with a solicitation for an additional political contribution. (d) A request under Subsection (c) that is made in writing must include a clear and conspicuous statement that complies with Subsection (b). A request that is made orally must be documented in writing. (e) A person or committee must report any information required by Section 254.031(a)(2) that is not provided by the individual making the contribution and that the person or committee has in the person's or committee's records of political contributions or previous reports under this chapter. (f) A person or committee that receives information required by Section 254.031(a)(2) after the filing deadline for the report on which the contribution is reported must include the missing information on the next report that the person or committee is required to file under this chapter. SECTION 3. Section 254.036(b), Election Code, is amended to read as follows: (b) Except as provided by Subsection [(c),] (d), (e), (f), or (g), each report filed under this chapter with the commission must be filed by computer diskette, modem, or other means of electronic transfer, using computer software provided by the commission or computer software that meets commission specifications for a standard file format. SECTION 4. 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 the 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 5. Sections 254.036(c) and 254.0401(b) and (c), Election Code, are repealed. SECTION 6. (a) Section 254.031, Election Code, as amended by this Act, and Section 254.0312, Election Code, as added by this Act, apply only to a report filed under Chapter 254, Election Code, that covers a reporting period beginning on or after January 1, 2004. A report filed under Chapter 254, Election Code, that covers a reporting period that begins before January 1, 2004, is covered by the law in existence on the date the reporting period began, and the former law is continued in effect for that purpose. (b) Section 254.036, Election Code, as amended by this Act, applies only to a report required to be filed under Chapter 254, Election Code, on or after January 1, 2004. A report required to be filed under Chapter 254, Election Code, before January 1, 2004, may be filed in compliance with Section 254.036, Election Code, as that section existed before amendment by this Act, and the former law is continued in effect for that purpose. (c) The change in law made by this Act to Section 254.0401, Election Code, applies only to a report filed under Chapter 254, Election Code, on or after September 1, 2003. SECTION 7. This Act takes effect September 1, 2003.