H.B. No. 350
AN ACT
relating to the filing of certain reports of political
contributions and expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 254.038, Election Code,
is amended to read as follows:
Sec. 254.038. SPECIAL [TELEGRAM] REPORT NEAR ELECTION BY
CERTAIN CANDIDATES AND POLITICAL COMMITTEES.
SECTION 2. Sections 254.038(c) and (d), Election Code, are
amended to read as follows:
(c) A report under this section shall be filed
electronically, by telegram or telephonic facsimile machine, or by
hand, in the form required by Section 254.036. The [with the]
commission must receive the report not later than 5 p.m. of the
first business day after the date the contribution is accepted. A
report under this section is not required to be accompanied by the
affidavit required under Section 254.036(h) or to be submitted on a
form prescribed by the commission. A report under this section that
complies with Section 254.036(a) must be accompanied by an
affidavit under Section 254.036(c)(1) unless the candidate or
committee has submitted an affidavit under Section 254.036(c)(1)
with another report filed in connection with the election for which
a report is required under this section.
(d) To the extent of a conflict between this section and
Section 254.036, this section controls [does not apply to a report
required by this section].
SECTION 3. The heading to Section 254.039, Election Code,
is amended to read as follows:
Sec. 254.039. SPECIAL [TELEGRAM] REPORT NEAR ELECTION BY
CERTAIN GENERAL-PURPOSE COMMITTEES.
SECTION 4. Sections 254.039(a) and (c), Election Code, are
amended to read as follows:
(a) In addition to other reports required by this chapter, a
general-purpose committee that makes direct campaign expenditures
supporting or opposing either a single candidate that in the
aggregate exceed $1,000 or a group of candidates that in the
aggregate exceed $15,000 during the period beginning the ninth day
before election day and ending at 12 noon on the second day before
election day shall file a report electronically, by telegram or
telephonic facsimile machine, or by hand, in the form required by
Section 254.036. The [with the] commission must receive the report
not later than 48 hours after the expenditure is made. A report
under this section is not required to be accompanied by the
affidavit required under Section 254.036(h) or to be submitted on a
form prescribed by the commission. A report under this section that
complies with Section 254.036(a) must be accompanied by an
affidavit under Section 254.036(c)(1) unless the committee has
submitted an affidavit under Section 254.036(c)(1) with another
report filed in connection with the election for which a report is
required under this section.
(c) To the extent of a conflict between this section and
Section 254.036, this section controls [does not apply to a report
required by this section].
SECTION 5. This Act takes effect October 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 350 was passed by the House on March
23, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 350 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor