79R8112 ESH-D

By:  Baxter                                                       H.B. No. 3462



A BILL TO BE ENTITLED

AN ACT

relating to the lease of real property by a candidate for public 
office from a corporation, association, or labor organization; 
providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 253, Election Code, is 
amended by adding Section 253.044 to read as follows:
	Sec. 253.044.  LEASE OF CAMPAIGN SPACE FROM CORPORATION, 
ASSOCIATION, OR LABOR ORGANIZATION.  (a)  In this section, 
"corporation or association" means a corporation or association to 
which Subchapter D applies.
	(b)  A candidate who leases real property for use as campaign 
space from a corporation, association, or labor organization shall:
		(1)  obtain three independent appraisals of the value 
of the leased real property; and
		(2)  notwithstanding the lease contract, pay rent at 
the highest rate as determined under the appraisals.
	(c)  If a corporation, association, or labor organization 
leases real property from another entity and subleases the real 
property to a candidate, and the highest rate determined under the 
appraisals conducted under Subsection (b) is lower than the rate 
paid by the corporation, association, or labor organization, the 
candidate shall pay rent at the same rate as that paid by the 
corporation, association, or labor organization.
	(d)  An appraisal under this section must be conducted by a 
person certified or licensed as an appraiser under Chapter 1103, 
Occupations Code.
	(e)  A person who violates this section commits an offense.  
An offense under this subsection is a Class A misdemeanor.
	SECTION 2.  Section 253.044, Election Code, as added by this 
Act, applies only to a lease of real property by a candidate for 
public office that is entered into on or after September 1, 2005.  A 
lease of real property by a candidate for public office that is 
entered into before September 1, 2005, is governed by the law in 
effect on the date the lease is entered into, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.