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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of political contributions to make payments in |
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connection with the rental of certain real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 253, Election Code, is |
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amended by adding Section 253.0381 to read as follows: |
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Sec. 253.0381. PAYMENTS TO RENT CERTAIN REAL PROPERTY |
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PROHIBITED. (a) A candidate or officeholder or a specific-purpose |
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committee for supporting, opposing, or assisting the candidate or |
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officeholder may not knowingly make or authorize a payment from a |
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political contribution for: |
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(1) the rental of real property from a person related |
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in the first degree of consanguinity or affinity, as determined |
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under Chapter 573, Government Code, to the candidate or |
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officeholder; or |
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(2) utility or other expenses incurred in using or |
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maintaining real property described by Subdivision (1). |
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(b) A person who violates this section is civilly liable to |
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the state for an amount equal to twice the amount of political |
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contributions used in violation of this section plus reasonable |
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court costs. |
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SECTION 2. Section 253.035(d), Election Code, is amended to |
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read as follows: |
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(d) In this section, "personal use" means a use that |
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primarily furthers individual or family purposes not connected with |
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the performance of duties or activities as a candidate for or holder |
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of a public office. The term does not include: |
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(1) payments made to defray ordinary and necessary |
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expenses incurred in connection with activities as a candidate or |
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in connection with the performance of duties or activities as a |
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public officeholder, including payment of rent, utility, and other |
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reasonable housing or household expenses incurred in maintaining a |
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residence in Travis County by members of the legislature who do not |
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ordinarily reside in Travis County, but excluding payments |
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prohibited under Section 253.038 or 253.0381; or |
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(2) payments of federal income taxes due on interest |
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and other income earned on political contributions. |
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SECTION 3. Section 253.0381, Election Code, as added by |
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this Act, applies to a payment made from political contributions on |
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or after the effective date of this Act, without regard to whether |
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the payment was made under a lease or other agreement entered into |
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before the effective date of this Act. A payment made from political |
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contributions before the effective date of this Act is governed by |
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the law in effect on the date the payment was made, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. 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. |