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A BILL TO BE ENTITLED
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AN ACT
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relating to the improper use of information contained in a report of |
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political contributions and expenditures; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 254, Election Code, is |
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amended by adding Sections 254.044 and 254.045 to read as follows: |
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Sec. 254.044. RESTRICTION ON SALE OR USE OF INFORMATION |
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OBTAINED FROM REPORT. (a) A person may not, for a commercial |
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purpose or for the purpose of soliciting a contribution, including |
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a political or charitable contribution, sell or use information the |
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person knows to be obtained from a report filed under this chapter. |
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This subsection does not apply to the name and address of a |
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political committee. |
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(b) A person may not, in a newspaper, magazine, book, or |
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other communication, disclose information the person knows to be |
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obtained from a report filed under this chapter if the principal |
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purpose of the disclosure is communicating the information with the |
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intention or knowledge that the information will be used for a |
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commercial purpose or for the purpose of soliciting a contribution, |
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including a political or charitable contribution. |
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(c) A person who violates this section commits an offense. |
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An offense under this section is a Class B misdemeanor. |
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Sec. 254.045. USE OF FICTITIOUS NAME IN REPORT. (a) A |
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person required to file a report under this chapter may list on the |
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report not more than 10 fictitious names under Section |
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254.031(a)(1) as persons who made political contributions that in |
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the aggregate exceed $50. The address corresponding to the |
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fictitious name may be the correct address of any person. A |
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fictitious name may not represent an actual contributor. |
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(b) The amount listed as a contribution by a fictitious |
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person must be subtracted from the amount reported under Section |
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254.031(a)(5). |
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(c) A person may not: |
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(1) attribute to the same fictitious name more than |
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$1,000 in contributions during a reporting period; or |
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(2) use a fictitious name to circumvent a provision of |
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this title. |
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(d) A person submitting a report containing a fictitious |
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name shall separately send a list of each fictitious name given in |
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the report to the authority with whom the report is filed, on or |
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before the date the report is filed. The authority shall keep the |
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list in the same manner as a report filed with the authority under |
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this chapter, except that a list submitted under this subsection is |
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confidential and is not subject to disclosure under this chapter or |
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Chapter 552, Government Code. |
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SECTION 2. This Act takes effect September 1, 2007. |