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79R4747 ESH-D
By: Strama H.B. No. 2937
A BILL TO BE ENTITLED
AN ACT
relating to limits on political contributions and expenditures in
connection with certain legislative and executive offices;
providing civil and criminal 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. TEXAS CAMPAIGN FAIRNESS ACT
Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a political contribution or political expenditure
in connection with:
(1) a statewide office in the executive branch;
(2) the office of state senator;
(3) the office of state representative; or
(4) the office of member, State Board of Education.
Sec. 253.202. DEFINITIONS. In this subchapter:
(1) "Complying candidate" or "complying officeholder"
means a candidate who files a declaration of compliance under
Section 253.207(a)(1).
(2) "Election cycle" means the period beginning on
January 1 of an odd-numbered year and ending on December 31 of the
following even-numbered year.
(3) "Noncomplying candidate" means a candidate who:
(A) files a declaration of intent to exceed the
limit on expenditures or the use of personal funds under Section
253.207(a)(2);
(B) files a declaration of compliance under
Section 253.207(a)(1) but later exceeds the limit on expenditures
or the use of personal funds;
(C) fails to file a declaration of compliance
under Section 253.207(a)(1) or a declaration of intent under
Section 253.207(a)(2); or
(D) violates Section 253.216 or 253.217.
Sec. 253.203. CONTRIBUTION LIMITS. (a) A candidate or
officeholder may not, except as provided by Subsection (c),
knowingly accept political contributions from a person that in the
aggregate exceed the limits prescribed by Subsection (b) in an
election cycle.
(b) The contribution limits are:
(1) for a statewide office, $2,000;
(2) for the office of state senator, $1,000;
(3) for the office of state representative, $500; or
(4) for the office member, State Board of Education,
$1,500.
(c) If a candidate has an opponent in the primary election,
the limits prescribed by Subsection (b) are doubled, except that a
person may not make political contributions that in the aggregate
exceed the applicable limit prescribed by Subsection (b):
(1) during the period beginning on the first day of the
election cycle and ending on the day of the primary election; or
(2) during the period beginning on the day after the
day of the primary election and ending on the last day of the
election cycle.
(d) This section does not apply to a political contribution
made by an out-of-state political committee.
(e) Notwithstanding Section 254.034, a person who receives
a political contribution that violates Subsection (a) shall return
the contribution to the contributor not later than the later of:
(1) the last day of the reporting period in which the
contribution is received; or
(2) the fifth day after the date the contribution is
received.
(f) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of the political
contributions accepted in violation of this section.
Sec. 253.204. CONTRIBUTION BY CHILD CONSIDERED TO BE
CONTRIBUTION BY INDIVIDUAL. (a) For purposes of Section 253.203,
a contribution by the child of an individual is considered to be a
contribution by the individual.
(b) In this section, "child" means a person under 18 years
of age who is not and has not been married or who has not had the
disabilities of minority removed for general purposes.
Sec. 253.205. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL
FUNDS AND PAYMENTS ON CERTAIN LOANS. (a) A noncomplying
candidate or officeholder who makes political expenditures from the
person's personal funds may not reimburse the personal funds from
political contributions in amounts that in the aggregate exceed
$50,000 in an election cycle.
(b) A candidate or officeholder who accepts one or more
political contributions in the form of loans, including an
extension of credit or a guarantee of a loan or extension of credit,
from one or more persons related to the candidate or officeholder
within the second degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code, may not use political
contributions to repay the loans.
(c) A person who is both a candidate and an officeholder may
reimburse the person's personal funds only in one capacity.
(d) This section does not apply to a candidate for or holder
of a statewide office.
(e) A person who violates this section is liable for a civil
penalty not to exceed three times the amount by which the
reimbursement made in violation of this section exceeds the
applicable limit prescribed by Subsection (a).
Sec. 253.206. NOTICE REQUIRED FOR CERTAIN POLITICAL
EXPENDITURES. (a) A person other than a candidate, officeholder,
or the principal political committee of the state executive
committee or a county executive committee of a political party may
not make political expenditures that in the aggregate exceed the
applicable limits prescribed by Section 253.213 for the purpose of
supporting or opposing a candidate or assisting a candidate as an
officeholder unless the person files with the commission a written
declaration of the person's intent to make expenditures that exceed
the limit prescribed by Section 253.213.
(b) A declaration under Subsection (a) must be filed not
later than the earlier of:
(1) the date the person makes the political
expenditure that causes the person to exceed the limit prescribed
by Section 253.213; or
(2) the 60th day before the date of the election in
connection with which the political expenditures are intended to be
made.
(c) The commission shall file a declaration received under
Subsection (a) with the records of each candidate or officeholder
on whose behalf the person filing the declaration intends to make
political expenditures. If the person intends to make only
political expenditures opposing a candidate, the commission shall
file the declaration with the records of each candidate for the
office.
(d) An expenditure made by a political committee or other
association that consists only of costs incurred in contacting the
committee's or association's membership may be made without the
declaration required by Subsection (a).
(e) For purposes of this section, a person who makes a
political expenditure benefiting more than one candidate or
officeholder shall, in accordance with commission rule, allocate a
portion of the expenditure to each candidate or officeholder whom
the expenditure benefits in proportion to the benefit received by
that candidate or officeholder. For purposes of this subsection:
(1) a political expenditure for supporting candidates
or assisting officeholders benefits each candidate or officeholder
supported or assisted; and
(2) a political expenditure for opposing a candidate
benefits each opponent of the candidate.
(f) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of the political
expenditures made in violation of this section.
Sec. 253.207. VOLUNTARY COMPLIANCE. (a) When a person
becomes a candidate for office, the person shall file with the
commission:
(1) a sworn declaration of compliance stating that the
person voluntarily agrees to comply with the applicable limits on
expenditures and the use of personal funds prescribed by this
subchapter; or
(2) a written declaration of the person's intent to
make expenditures that exceed the applicable limit prescribed by
this subchapter or use of personal funds in an amount exceeding the
limit prescribed by this subchapter.
(b) The limits on contributions prescribed by this
subchapter apply to complying candidates unless suspended as
provided by Section 253.208 or 253.213. The limits on
contributions and on reimbursement of personal funds prescribed by
this subchapter apply to noncomplying candidates regardless of
whether the limits on contributions, expenditures, and the use of
personal funds are suspended for complying candidates.
(c) A candidate may not knowingly accept a campaign
contribution or make or authorize a campaign expenditure before the
candidate files a declaration under Subsection (a).
(d) A person who violates Subsection (c) is liable for a
civil penalty not to exceed three times the amount of the political
contributions or political expenditures made in violation of this
section.
Sec. 253.208. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
complying candidate or a specific-purpose committee for supporting
a complying candidate is not required to comply with the applicable
limits on contributions, expenditures, and the use of personal
funds prescribed by this subchapter if another person becomes a
candidate for the same office and:
(1) files a declaration of intent to exceed the
applicable limit on expenditures under Section 253.207(a)(2);
(2) fails to file a declaration of compliance under
Section 253.207(a)(1) or a declaration of intent under Section
253.207(a)(2);
(3) files a declaration of compliance under Section
253.207(a)(1) but later exceeds the applicable limit on
expenditures or the use of personal funds; or
(4) violates Section 253.216 or 253.217.
(b) The executive director of the commission shall issue an
order suspending the limits on contributions, expenditures, and the
use of personal funds for a specific office not later than the fifth
day after the date the executive director determines that:
(1) a person has become a candidate for that office
and:
(A) has filed a declaration of intent to exceed
the applicable limits on expenditures and the use of personal funds
under Section 253.207(a)(2); or
(B) has failed to file a declaration of
compliance under Section 253.207(a)(1) or a declaration of intent
under Section 253.207(a)(2);
(2) a complying candidate for that office has exceeded
the applicable limit on expenditures or the use of personal funds
prescribed by this subchapter; or
(3) a candidate for that office has violated Section
253.216 or 253.217.
Sec. 253.209. BENEFIT TO COMPLYING CANDIDATE. (a) A
complying candidate is entitled to state on political advertising
as provided by Section 255.008 that the candidate complies with the
Texas Campaign Fairness Act, regardless of whether the limits on
contributions, expenditures, and the use of personal funds are
later suspended.
(b) A noncomplying candidate is not entitled to the benefit
provided by this section.
Sec. 253.210. EXPENDITURE LIMITS. (a) In each election
cycle, a complying candidate may not knowingly make or authorize
political expenditures that in the aggregate exceed:
(1) for a statewide office, $5 million;
(2) for the office of state senator, $1 million;
(3) for the office of state representative, $500,000;
or
(4) for the office of member, State Board of
Education, $1 million.
(b) A person who violates this section is liable for a civil
penalty not to exceed three times the amount by which the political
expenditures made in violation of this section exceed the
applicable limit prescribed by Subsection (a).
Sec. 253.211. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.210,
an expenditure by a specific-purpose committee for the purpose of
supporting a candidate, opposing the candidate's opponent, or
assisting the candidate as an officeholder is considered to be an
expenditure by the candidate unless the candidate, in an affidavit
filed with the authority with whom the candidate's campaign
treasurer appointment is required to be filed, states that the
candidate's campaign, including the candidate, an aide to the
candidate, a campaign officer, or a campaign consultant of the
candidate, has not directly or indirectly communicated with the
committee in regard to a strategic matter, including polling data,
advertising, or voter demographics, in connection with the
candidate's campaign.
(b) This section applies only to an expenditure of which the
candidate or officeholder has notice.
(c) An affidavit under this section shall be filed with the
next report the candidate or officeholder is required to file under
Chapter 254 following the receipt of notice of the expenditure.
Sec. 253.212. LIMITS ON USE OF PERSONAL FUNDS. (a) In each
election cycle, a complying candidate may not knowingly make or
authorize political expenditures from the candidate's personal
funds that in the aggregate exceed:
(1) for a statewide office, $100,000; or
(2) for an office other than a statewide office,
$50,000.
(b) A person who violates this section is liable for a civil
penalty not to exceed three times the amount by which the political
expenditures made in violation of this section exceed the
applicable limit prescribed by Subsection (a).
Sec. 253.213. EFFECT OF CERTAIN POLITICAL EXPENDITURES. (a)
A complying candidate or a specific-purpose committee for
supporting a complying candidate is not required to comply with the
applicable limits on contributions, expenditures, and the use of
personal funds prescribed by this subchapter if a person other than
the candidate's opponent or the principal political committee of
the state executive committee or a county executive committee of a
political party makes political expenditures that in the aggregate
exceed the following amounts:
(1) for a statewide office, $100,000;
(2) for the office of state senator, $50,000;
(3) for the office of state representative, $25,000;
or
(4) for the office of member, State Board of
Education, $50,000.
(b) The executive director of the commission shall issue an
order suspending the limits on contributions, expenditures, and the
use of personal funds for a specific office not later than the fifth
day after the date the executive director determines that:
(1) a declaration of intent to make expenditures that
exceed the limit prescribed by Subsection (a) is filed in
connection with the office as provided by Section 253.206; or
(2) a political expenditure that exceeds the limit
prescribed by Subsection (a) has been made.
(c) An expenditure made by a political committee or other
association that consists only of costs incurred in contacting the
committee's or association's membership does not count towards the
limit prescribed by Subsection (a).
Sec. 253.214. CONTRIBUTION FROM OR DIRECT CAMPAIGN
EXPENDITURE BY POLITICAL PARTY. (a) Except as provided by
Subsection (b), a political contribution to or a direct campaign
expenditure on behalf of a complying candidate that is made by the
principal political committee of the state executive committee or a
county executive committee of a political party is considered to be
a political expenditure by the candidate for purposes of the
expenditure limits prescribed by Section 253.210.
(b) Subsection (a) does not apply to a political expenditure
for a generic get-out-the-vote campaign or for a written list of two
or more candidates that:
(1) identifies the party's candidates by name and
office sought, office held, or photograph;
(2) does not include any reference to the political
philosophy or positions on issues of the party's candidates; and
(3) is not broadcast, cablecast, published in a
newspaper or magazine, or placed on a billboard.
Sec. 253.215. RESTRICTION ON EXCEEDING EXPENDITURE
LIMITS. (a) A candidate who files a declaration of compliance
under Section 253.207(a)(1) and who later files a declaration of
intent to exceed the applicable limits on expenditures and the use
of personal funds under Section 253.207(a)(2) or a specific-purpose
committee for supporting such a candidate may not make a political
expenditure that causes the person to exceed the applicable limit
on expenditures prescribed by Section 253.210 before the 60th day
after the date the candidate files the declaration of intent to
exceed the limits on expenditures and the use of personal funds.
(b) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of political
expenditures made in violation of this section.
Sec. 253.216. AGREEMENT TO EVADE LIMITS PROHIBITED. (a) A
complying candidate may not:
(1) solicit a person to enter a campaign as a
noncomplying candidate opposing the complying candidate; or
(2) enter into an agreement under which a person
enters a campaign as a noncomplying candidate opposing the
complying candidate.
(b) A candidate who violates this section is considered to
be a noncomplying candidate.
Sec. 253.217. MISREPRESENTATION OF OPPONENT'S COMPLIANCE
WITH OR VIOLATION OF SUBCHAPTER PROHIBITED. (a) A candidate may
not knowingly misrepresent that an opponent of the candidate:
(1) is a noncomplying candidate; or
(2) has violated this subchapter.
(b) A candidate who violates this section is considered to
be a noncomplying candidate.
Sec. 253.218. CIVIL PENALTY. (a) The commission may
impose a civil penalty under this subchapter against a person only
after a formal hearing as provided by Subchapter E, Chapter 571,
Government Code.
(b) The commission shall base the amount of the penalty on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
and
(4) any other matter that justice may require.
(c) A penalty paid under this subchapter shall be deposited
in the general revenue fund to the credit of the commission. The
commission may use amounts representing penalties paid under this
subchapter only for purposes of enforcing this subchapter.
SECTION 2. Chapter 255, Election Code, is amended by adding
Section 255.009 to read as follows:
Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING FOR
LEGISLATIVE OR EXECUTIVE OFFICE. (a) This section applies only
to a candidate or political committee covered by Subchapter G,
Chapter 253.
(b) Political advertising by a candidate who files a
declaration of intent to comply with the applicable limits on
expenditures and the use of personal funds under Subchapter G,
Chapter 253, or a specific-purpose committee for supporting such a
candidate may include the following statement: "Political
advertising paid for by (name of candidate or committee) in
compliance with the voluntary limits of the Texas Campaign Fairness
Act."
(c) Political advertising by a candidate who files a
declaration of intent to comply with the applicable limits on
expenditures and the use of personal funds under Subchapter G,
Chapter 253, or a specific-purpose committee for supporting such a
candidate that does not contain the statement prescribed by
Subsection (b) must comply with Section 255.001.
(d) Political advertising by a candidate who files a
declaration of intent to exceed the applicable limits on
expenditures and the use of personal funds under Subchapter G,
Chapter 253, or a specific-purpose committee for supporting such a
candidate must include the following statement: "Political
advertising paid for by (name of candidate or committee), (who or
which) has rejected the voluntary limits of the Texas Campaign
Fairness Act."
(e) The commission shall adopt rules providing for:
(1) the minimum size of the disclosure required by
this section in political advertising that appears on television or
in writing; and
(2) the minimum duration of the disclosure required by
this section in political advertising that appears on television or
radio.
(f) A person who violates this section or a rule adopted
under this section is liable for a civil penalty not to exceed:
(1) $15,000, for a candidate for a statewide office or
a specific-purpose committee for supporting such a candidate;
(2) $10,000, for a candidate for the office of state
senator or a specific-purpose committee for supporting such a
candidate;
(3) $5,000, for a candidate for the office of state
representative or a specific-purpose committee for supporting such
a candidate; or
(4) $10,000, for a candidate for the office of member,
State Board of Education, or a specific-purpose committee for
supporting such a candidate.
(g) Section 253.218 applies to the imposition and
disposition of a civil penalty under this section.
SECTION 3. Subchapter G, Chapter 253, Election Code, as
added by this Act, applies only to a political contribution
accepted or political expenditure made on or after the effective
date of this Act. A political contribution accepted or political
expenditure made before the effective date of this Act is governed
by the law in effect on the date the contribution was accepted or
the expenditure was made and is not aggregated with political
contributions accepted or political expenditures made on or after
the effective date of this Act.
SECTION 4. Sections 253.206, 253.207, 253.208, 253.209,
253.210, 253.211, 253.212, 253.213, 253.214, 253.215, 253.216, and
253.217, Election Code, as added by this Act, are not severable, and
none would have been enacted without the others. If any one of those
provisions is held invalid, each of those provisions is invalid.
SECTION 5. 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.