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A BILL TO BE ENTITLED
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AN ACT
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relating to the making of political contributions to and acceptance |
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of political contributions by statewide officers and members of the |
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legislature before and during a special session of the legislature; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 253.034, Election Code, is amended by |
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adding Subsections (a-1), (b-1), and (c-1) and amending Subsections |
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(b) and (c) to read as follows: |
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(a-1) During the period beginning on the date the governor |
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signs the proclamation calling a special legislative session and |
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continuing through the date of final adjournment, a person may not |
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knowingly make a political contribution to: |
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(1) a statewide officeholder; |
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(2) a member of the legislature; or |
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(3) a specific-purpose committee for supporting, |
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opposing, or assisting a statewide officeholder or member of the |
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legislature. |
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(b) A statewide officeholder, a member of the legislature, |
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or a specific-purpose committee for supporting, opposing, or |
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assisting a statewide officeholder or member of the legislature may |
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not knowingly accept a political contribution, and shall refuse a |
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political contribution that is received, during the period |
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prescribed by Subsection (a) or (a-1). A political contribution |
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that is received and refused during that period shall be returned to |
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the contributor not later than the 30th day after the date of |
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receipt. |
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(b-1) A contribution made by mail is not considered received |
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during the [that] period prescribed by Subsection (a) or (a-1) if it |
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was placed with postage prepaid and properly addressed in the |
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United States mail before the beginning of the period. The date |
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indicated by the post office cancellation mark is considered to be |
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the date the contribution was placed in the mail unless proven |
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otherwise. |
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(c) Subsections (a) and (a-1) do [This section does] not |
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apply to a political contribution that was made and accepted with |
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the intent that it be used: |
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(1) in an election held or ordered during the period |
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prescribed by Subsection (a) or (a-1) in which the person accepting |
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the contribution is a candidate if the contribution was made after |
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the person appointed a campaign treasurer with the appropriate |
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authority and before the person was sworn in for that office; or |
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(2) to defray expenses incurred in connection with an |
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election contest. |
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(c-1) Subsection (a) does not apply to a political |
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contribution that was made and accepted with the intent that it be |
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used[; or
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[(3)] by a person who holds a state office or a member |
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of the legislature if the person or member was defeated at the |
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general election held immediately before the session is convened or |
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by a specific-purpose political committee that supports or assists |
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only that person or member. |
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SECTION 2. The heading to Section 253.034, Election Code, |
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is amended to read as follows: |
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Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE, |
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DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION. |
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SECTION 3. Section 571.073, Government Code, is amended to |
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read as follows: |
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Sec. 571.073. REPORT. On or before December 31 of each |
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even-numbered year, the commission shall report to the governor and |
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legislature. The report must include: |
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(1) each advisory opinion issued by the commission |
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under Subchapter D in the preceding two years; |
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(2) a summary of commission activities in the |
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preceding two years, including: |
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(A) the number of sworn complaints filed with the |
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commission; |
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(B) the number of sworn complaints dismissed for |
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noncompliance with statutory form requirements; |
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(C) the number of sworn complaints dismissed for |
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lack of jurisdiction; |
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(D) the number of sworn complaints dismissed |
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after a finding of no credible evidence of a violation; |
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(E) the number of sworn complaints dismissed |
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after a finding of a lack of sufficient evidence to determine |
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whether a violation within the jurisdiction of the commission has |
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occurred; |
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(F) the number of sworn complaints resolved by |
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the commission through an agreed order; |
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(G) the number of sworn complaints in which the |
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commission issued an order finding a violation and the resulting |
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penalties, if any; and |
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(H) the number and amount of civil penalties |
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imposed for failure to timely file a statement or report, the number |
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and amount of those civil penalties fully paid, the number and |
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amount of those civil penalties partially paid, and the number and |
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amount of those civil penalties no part of which has been paid, for |
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each of the following category of statements and reports, listed |
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separately: |
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(i) financial statements required to be |
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filed under Chapter 572; |
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(ii) political contribution and |
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expenditure reports required to be filed under Section 254.063, |
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254.093, 254.123, 254.153, or 254.157, Election Code; |
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(iii) political contribution and |
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expenditure reports required to be filed under Section 254.064(b), |
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254.124(b), or 254.154(b), Election Code; |
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(iv) political contribution and |
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expenditure reports required to be filed under Section 254.064(c), |
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254.124(c), or 254.154(c), Election Code; and |
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(v) political contribution and expenditure |
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reports required to be filed under Section 254.038 or 254.039, |
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Election Code; and |
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[(vi) political contribution and
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expenditure reports required to be filed under Section 254.0391,
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Election Code; and] |
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(3) recommendations for any necessary statutory |
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changes. |
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SECTION 4. Section 254.0391, Election Code, is repealed. |
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SECTION 5. (a) Section 253.034, Election Code, as amended |
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by this Act, applies only to a political contribution made on or |
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after the effective date of this Act. A political contribution made |
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before the effective date of this Act is governed by the law in |
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effect on the date the contribution is made, and the former law is |
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continued in effect for that purpose. |
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(b) The repeal of Section 254.0391, Election Code, by this |
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Act, applies only to the reporting of a political contribution |
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accepted on or after the effective date of this Act. The reporting |
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of a political contribution accepted before the effective date of |
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this Act is governed by the law in effect on the date the |
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contribution is accepted, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |