79R7568 ATP-D
By: Dunnam H.B. No. 3347
A BILL TO BE ENTITLED
AN ACT
relating to certain political contributions and expenditures;
providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.100(a), Election Code, is amended to
read as follows:
(a) A corporation not organized wholly or partly for the
purpose of engaging in activity reportable under Chapter 254,
acting alone or with one or more other corporations, may make one or
more political expenditures to finance the establishment or
administration of only one affiliated [a] general-purpose
committee. For purposes of this subsection, a general-purpose
committee is affiliated with a corporation if the corporation
directly establishes, administers, or controls the committee and
the name of the committee includes the name of the corporation under
Section 252.003(d).
SECTION 2. Subchapter D, Chapter 253, Election Code, is
amended by adding Sections 253.105 and 253.106 to read as follows:
Sec. 253.105. CONTRIBUTIONS AND EXPENDITURES FOR CERTAIN
ELECTIONEERING COMMUNICATIONS PROHIBITED. (a) In this section,
"covered preelection period" and "electioneering communication"
have the meanings assigned by Section 254.0392(b).
(b) A corporation or labor organization may not:
(1) make a contribution to a person with the intent
that the contribution be used for an electioneering communication
in a covered preelection period; or
(2) make an expenditure for an electioneering
communication in a covered preelection period.
(c) A person who violates this section commits an offense.
An offense under this section is a felony of the third degree.
Sec. 253.106. CONTRIBUTIONS FROM CORPORATION OR LABOR
ORGANIZATION TO OUT-OF-STATE POLITICAL COMMITTEE. (a) A
candidate, officeholder, or political committee may not knowingly
accept a contribution from an out-of-state political committee that
accepts political contributions from a corporation or labor
organization unless the out-of-state political committee:
(1) deposits all political contributions from
corporations and labor organizations in a separate account; and
(2) does not make a political contribution to a
candidate, officeholder, or political committee required to file a
report under Chapter 254 from the account in which political
contributions from corporations and labor organizations are
deposited.
(b) A person who violates this section commits an offense.
An offense under this section is a felony of the third degree.
SECTION 3. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.0392 to read as follows:
Sec. 254.0392. REPORTS CONCERNING ELECTIONEERING
COMMUNICATIONS. (a) Except as provided by Subsection (f) or (g), a
person who makes expenditures that in the aggregate exceed $10,000
for an electioneering communication in a covered preelection period
shall file a report of contributions and expenditures as provided
by this section.
(b) For purposes of this section:
(1) "Covered preelection period," with respect to a
person, means the period:
(A) beginning on:
(i) the 60th day before the date of an
election in which the person is a candidate;
(ii) the 30th day before the date of a
primary election if the person is a candidate in a primary election;
or
(iii) the day after a general primary
election if the person is a candidate in a runoff primary election;
and
(B) ending on election day.
(2) "Electioneering communication" means a broadcast,
cable, satellite, or direct-mail printed communication that:
(A) refers to a clearly identified candidate, by
use of the candidate's name, likeness, or other clear means of
identification; and
(B) is targeted to the relevant electorate.
(3) "Reporting period" means the period covered by a
report as provided by Subsection (d).
(4) A communication is "targeted to the relevant
electorate" of an election if, with respect to a broadcast, cable,
or satellite communication, the communication is distributed or
published to reach an audience that includes a substantial portion
of the electorate for the election. A communication delivered by
direct mail is considered to be targeted if it is delivered to
persons residing in the territory from which the candidate to whom
the communication refers is or seeks to be elected.
(c) A person who makes an expenditure for which reporting is
required under this section must file a report not later than 24
hours after the expenditure is made if the person:
(1) makes an expenditure that causes the person to
exceed the threshold prescribed by Subsection (a); or
(2) is required to file a report under Subdivision (1)
and makes expenditures for electioneering communications after the
period covered by a previous report that in the aggregate exceed
$10,000.
(d) A report filed under this section must cover:
(1) for the first report, the period:
(A) beginning on the date a person required to
file the report first accepts a contribution or makes an
expenditure for an electioneering communication in connection with
the election for which the person is required to file a report; and
(B) ending on the date the person makes an
expenditure that causes the person to exceed the threshold
prescribed by Subsection (a); and
(2) for any subsequent report, the period:
(A) beginning on the day after the last day
covered by the previous report; and
(B) ending on the date an expenditure for an
electioneering communication is made that when aggregated with all
expenditures for electioneering communications made after the
period covered by the previous report exceeds $10,000.
(e) Each report filed by a person under this section must
include:
(1) the full name and address of:
(A) the person filing the report;
(B) the person's campaign treasurer, if
applicable; and
(C) any person who shares or exercises control of
the person;
(2) the principal place of business of the person, if
the person is not an individual;
(3) for each expenditure of more than $200 for an
electioneering communication made during the reporting period by
the person:
(A) the amount of the expenditure; and
(B) the person to whom the expenditure was made;
(4) the election to which each electioneering
communication pertains and the name of the candidate identified by
each electioneering communication during the reporting period; and
(5) the full name and address of each person from whom
the person required to file the report accepted contributions of
$1,000 or more in the aggregate during the period beginning on the
first day of the preceding calendar year and ending on the last day
of the reporting period.
(f) This section does not apply to:
(1) an expenditure for advertising made by a candidate
or political party;
(2) a reference to a clearly identified candidate in a
news story, commentary, or editorial distributed through the
facilities of a broadcasting station, newspaper, magazine, or other
publication, unless the facilities are owned or controlled by a
political party, political committee, or candidate; or
(3) a candidate debate or forum, or a communication
promoting only the debate or forum made on behalf of the person
sponsoring the debate or forum.
(g) A person who files reports with the Federal Election
Commission is not required to file reports under Subsection (a).
Not later than the last day prescribed by this section for filing a
report that a person covered by this section is required to file,
the person shall provide to the Texas Ethics Commission a copy of
one or more reports filed with the Federal Election Commission
covering that reporting period that shows the political
contributions accepted, political expenditures made, and other
expenditures made by the person.
SECTION 4. Section 254.1581, Election Code, is amended to
read as follows:
Sec. 254.1581. REPORTING BY OUT-OF-STATE POLITICAL
COMMITTEE. (a) For each reporting period under this subchapter in
which an out-of-state political committee accepts political
contributions or makes political expenditures, the committee shall
file with the commission:
(1) a copy of the [one or more] reports filed with the
Federal Election Commission and [or] with the proper filing
authority of each [at least one other] state in which the
out-of-state political committee is required to file a report that
shows the political contributions accepted, political expenditures
made, and other expenditures made by the committee; and
(2) a report that separately shows:
(A) the political contributions accepted by the
committee from a person required to file a report under this
chapter; and
(B) political expenditures made by the committee
to a person required to file a report under this chapter.
(b) A report must be filed within the same period in which it
is required to be filed under federal law or the law of the other
state.
(c) A report filed under Subsection (a)(2) may be in a
format authorized by the Federal Election Commission or the filing
authority of a state in which the out-of-state political committee
files a report of political contributions and expenditures.
SECTION 5. Section 257.006(a), Election Code, is amended to
read as follows:
(a) A [Except as provided by Section 257.004, a] person [who
knowingly uses a contribution in violation of Section 257.002 or]
who knowingly fails to [otherwise] comply with this chapter commits
an offense.
SECTION 6. Sections 253.104, 257.002, 257.003, and 257.004,
Election Code, are repealed.
SECTION 7. The changes in law made by this Act apply only to
a contribution or expenditure made on or after September 1, 2005. A
contribution or expenditure made before September 1, 2005, is
governed by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2005.