H.B. No. 1863




AN ACT

relating to the termination of a campaign treasurer appointment.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 252.0131, Election Code, is amended to 
read as follows:  
	Sec. 252.0131.  TERMINATION OF CAMPAIGN TREASURER 
APPOINTMENT [BY COMMISSION].  (a)  The commission by rule shall 
adopt a process by which the commission may terminate the campaign 
treasurer appointment of an inactive candidate or political 
committee that[:
		[(1)]  is required to file a campaign treasurer 
appointment with the commission.  The governing body of a political 
subdivision by ordinance or order may adopt a process by which the 
clerk or secretary, as applicable, of the political subdivision may 
terminate the campaign treasurer appointment of an inactive 
candidate or political committee that is required to file a 
campaign treasurer appointment with the clerk or secretary.  For 
purposes of this section, a candidate or political committee is 
inactive if the candidate or committee:
		(1) [; (2)]  has never filed or has ceased to file 
reports under Chapter 254;
		(2) [(3)]  in the case of a candidate, has not been 
elected to an office for which a candidate is required to file a 
campaign treasurer appointment with the authority who is seeking to 
terminate the candidate's campaign treasurer appointment 
[specified by Section 252.005(1) or (5)]; and
		(3) [(4)]  has not filed:                             
			(A)  a final report under Section 254.065 or 
254.125; or                   
			(B)  a dissolution report under Section 254.126 or 
254.159.                
	(b)  Before the commission may terminate a campaign 
treasurer appointment, the commission must consider the proposed 
termination in a regularly scheduled open meeting.  Before the 
clerk or secretary of a political subdivision may terminate a 
campaign treasurer appointment, the governing body of the political 
subdivision must consider the proposed termination in a regularly 
scheduled open meeting.
	(c)  Rules or an ordinance or order adopted under this 
section must:  
		(1)  define "inactive candidate or political 
committee" for purposes of terminating the candidate's or 
committee's campaign treasurer appointment; and
		(2)  require written notice to the affected candidate 
or committee of:      
			(A)  the proposed termination of the candidate's 
or committee's campaign treasurer appointment;
			(B)  the date, time, and place of the meeting at 
which the commission or governing body of the political 
subdivision, as applicable, will consider the proposed 
termination; and
			(C)  the effect of termination of the candidate's 
or committee's campaign treasurer appointment.
	(d)  The termination of a campaign treasurer appointment 
under this section takes effect on the 30th day after the date of 
the [commission] meeting at which the commission or governing body, 
as applicable, votes to terminate the appointment.  Following that 
meeting, the commission or the clerk or secretary of the political 
subdivision, as applicable, shall promptly notify the affected 
candidate or political committee that the appointment has been 
terminated.  The notice must state the effective date of the 
termination.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1863 was passed by the House on May 9, 
2005, by the following vote:  Yeas 144, Nays 0, 3 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1863 was passed by the Senate on May 
23, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor