80R7839 ESH-D

By: Ritter H.B. No. 2172

A BILL TO BE ENTITLED

AN ACT

relating to the acceptance of political contributions by candidates for and holders of state executive and legislative offices and by specific-purpose committees related to those candidates and officeholders and to the reporting of political contributions and expenditures by those candidates, officeholders, and committees and by general-purpose committees; 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 253.0339 to read as follows:

Sec. 253.0339. RESTRICTIONS ON CONTRIBUTIONS IMMEDIATELY BEFORE AND IMMEDIATELY FOLLOWING ELECTION. (a) During the period beginning on the eighth day before the date of a primary election, general election, or special election held in an even-numbered year and continuing through the eighth day after the date of the election, a person may not knowingly make a political contribution to:

(1) a person who in that election is a candidate for:

(A) a statewide office in the executive branch;

(B) the office of state senator;

(C) the office of state representative; or

(D) the office of member, State Board of Education; or

(2) a specific-purpose committee for supporting or opposing a candidate described by Subdivision (1) or assisting such a candidate as an officeholder.

(b) A candidate described by Subsection (a)(1) or a specific-purpose committee for supporting or opposing such a candidate or assisting such a candidate as an officeholder or member of the legislature may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period prescribed by Subsection (a). A political contribution that is received and refused during that period shall be returned to the contributor not later than the 30th day after the date of receipt.

(c) A contribution made by mail is not considered received during the period prescribed by Subsection (a) if it was placed with postage prepaid and properly addressed in the United States mail before the beginning of the period. The date indicated by the post office cancellation mark is considered to be the date the contribution was placed in the mail unless proven otherwise.

(d) This section does not apply to a political contribution made to or accepted by a candidate in an emergency or expedited election to fill a vacancy in the legislature under Chapter 203.

(e) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

SECTION 2. Section 253.034, Election Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (a-1), (b-1), and (c-1) to read as follows:

(a) During the period beginning on January 1 of an odd-numbered year [the 30th day before the date a regular legislative session convenes] and continuing through the 20th day after the date of final adjournment of the regular session of the legislature, a person may not knowingly make a political contribution to:

(1) a statewide officeholder;

(2) a member of the legislature; [or]

(3) a member of the State Board of Education; or

(4) a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder, [or] member of the legislature, or member of the State Board of Education.

(a-1) During the period beginning on the eighth day before the date a special legislative session convenes and continuing through the eighth day after the date of final adjournment, a person may not knowingly make a political contribution to:

(1) a statewide officeholder;

(2) a member of the legislature;

(3) a member of the State Board of Education; or

(4) a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder, member of the legislature, or member of the State Board of Education.

(b) A statewide officeholder, a member of the legislature, or a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or member of the legislature may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period prescribed by Subsection (a) or (a-1). A political contribution that is received and refused during that period shall be returned to the contributor not later than the 30th day after the date of receipt.

(b-1) A contribution made by mail is not considered received during the [that] period prescribed by Subsection (a) or (a-1) if it was placed with postage prepaid and properly addressed in the United States mail before the beginning of the period. The date indicated by the post office cancellation mark is considered to be the date the contribution was placed in the mail unless proven otherwise.

(c) Subsections (a) and (a-1) do [This section does] not apply to a political contribution that was made and accepted with the intent that it be used:

(1) in an election held or ordered during the period prescribed by Subsection (a) or (a-1) in which the person accepting the contribution is a candidate if the contribution was made after the person appointed a campaign treasurer with the appropriate authority and before the person was sworn in for that office; or

(2) to defray expenses incurred in connection with an election contest.

(c-1) Subsection (a) does not apply to a political contribution that was made and accepted with the intent that it be used by:

(1) [; or

[(3)by] a person who holds a statewide [state] office, [or] a member of the legislature, or a member of the State Board of Education if the person or member was defeated at the general election held immediately before the session is convened; or

(2) [by] a specific-purpose political committee that supports or assists only a [that] person or member described by Subdivision (1).

SECTION 3. The heading to Section 253.034, Election Code, is amended to read as follows:

Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE, DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION.

SECTION 4. Section 254.036, Election Code, is amended by adding Subsection (d) to read as follows:

(d) Subsection (c) does not apply to:

(1) a candidate for or holder of:

(A) a statewide office in the executive branch;

(B) a legislative office; or

(C) the office of member, State Board of Education; or

(2) a specific-purpose committee for supporting or opposing a candidate for or assisting a holder of an office described by Subdivision (1).

SECTION 5. Section 254.0401(a), Election Code, is amended to read as follows:

(a) The commission shall make each report filed with the commission under Section 254.036(b) available to the public on the Internet not later than 24 hours [the second business day] after [the date] the report is filed.

SECTION 6. Section 254.0612, Election Code, is amended to read as follows:

Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CANDIDATE FOR STATEWIDE EXECUTIVE OFFICE OR LEGISLATIVE OFFICE. In addition to the contents required by Sections 254.031 and 254.061, each report by a candidate for a statewide office in the executive branch or a legislative office must include, for each individual from whom the person filing the report has accepted political contributions that in the aggregate equal or exceed $100 [$500] and that are accepted during the reporting period:

(1) the individual's principal occupation or job title; and

(2) the full name of the individual's employer.

SECTION 7. Section 254.063(a), Election Code, is amended to read as follows:

(a) Except as provided by Section 254.0631, a [A] candidate shall file two reports for each year as provided by this section.

SECTION 8. Subchapter C, Chapter 254, Election Code, is amended by adding Section 254.0631 to read as follows:

Sec. 254.0631. MONTHLY REPORTING SCHEDULE FOR CERTAIN CANDIDATES. (a) A candidate for an office listed below shall file monthly reports:

(1) a statewide office in the executive branch;

(2) a legislative office; or

(3) the office of member, State Board of Education.

(b) Each monthly report filed under this section must comply with Sections 254.031, 254.061, and 254.0612, except that the maximum amount of a political contribution, expenditure, or loan that is not required to be individually reported is $10 in the aggregate.

(c) Each report covers a calendar month. A candidate shall file a report not later than the fifth day of the month following the month covered by the report.

SECTION 9. Section 254.093(a), Election Code, is amended to read as follows:

(a) Except as provided by Section 254.0931, an [An] officeholder shall file two reports for each year as provided by this section.

SECTION 10. Subchapter D, Chapter 254, Election Code, is amended by adding Section 254.0931 to read as follows:

Sec. 254.0931. MONTHLY REPORTING SCHEDULE FOR CERTAIN OFFICEHOLDERS. (a) A holder of an office listed below shall file monthly reports:

(1) a statewide office in the executive branch;

(2) a legislative office; or

(3) the office of member, State Board of Education.

(b) Each monthly report filed under this section must comply with Sections 254.031, 254.091, and 254.0912, except that the maximum amount of a political contribution, expenditure, or loan that is not required to be individually reported is $10 in the aggregate.

(c) Each report covers a calendar month. An officeholder shall file a report not later than the fifth day of the month following the month covered by the report.

SECTION 11. Section 254.123(a), Election Code, is amended to read as follows:

(a) Except as provided by Section 254.1231, the [The] campaign treasurer of a specific-purpose committee shall file two reports for each year as provided by this section.

SECTION 12. Subchapter E, Chapter 254, Election Code, is amended by adding Section 254.1231 to read as follows:

Sec. 254.1231. MONTHLY REPORTING SCHEDULE FOR CERTAIN COMMITTEES. (a) The campaign treasurer of a specific-purpose committee for supporting or opposing a candidate for or assisting the holder of an office listed below shall file monthly reports:

(1) a statewide office in the executive branch;

(2) a legislative office; or

(3) the office of member, State Board of Education.

(b) Each monthly report filed under this section must comply with Sections 254.031, 254.121, and 254.1212, except that the maximum amount of a political contribution, expenditure, or loan that is not required to be individually reported is $10 in the aggregate.

(c) Each report covers a calendar month. A campaign treasurer shall file a report not later than the fifth day of the month following the month covered by the report.

SECTION 13. The heading to Section 254.155, Election Code, is amended to read as follows:

Sec. 254.155. [OPTION TO FILE] MONTHLY REPORTING SCHEDULE FOR COMMITTEE[; NOTICE].

SECTION 14. Section 254.155(a), Election Code, is amended to read as follows:

(a) The campaign treasurer of [As an alternative to filing reports under Sections 254.153 and 254.154,] a general-purpose committee shall [may] file monthly reports.

SECTION 15. Section 254.156, Election Code, is amended to read as follows:

Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly report filed under this subchapter must comply with Sections 254.031 and 254.151 except that the maximum amount of a political contribution, expenditure, or loan that is not required to be individually reported is[:

[(1)] $10 in the aggregate[; or

[(2) $20 in the aggregate for a contribution accepted by a general-purpose committee to which Section 254.1541 applies].

SECTION 16. Section 254.157(a), Election Code, is amended to read as follows:

(a) Each report covers a calendar month. The campaign treasurer of a general-purpose committee [filing monthly reports] shall file a report not later than the fifth day of the month following the period covered by the report.

SECTION 17. Subchapter G, Chapter 254, Election Code, is amended by adding Section 254.1811 to read as follows:

Sec. 254.1811. INAPPLICABILITY TO CERTAIN CANDIDATES AND COMMITTEES. This subchapter does not apply to a candidate or specific-purpose committee required to file monthly reports under Section 254.0631 or 254.1231.

SECTION 18. Section 571.073, Government Code, is amended to read as follows:

Sec. 571.073. REPORT. On or before December 31 of each even-numbered year, the commission shall report to the governor and legislature. The report must include:

(1) each advisory opinion issued by the commission under Subchapter D in the preceding two years;

(2) a summary of commission activities in the preceding two years, including:

(A) the number of sworn complaints filed with the commission;

(B) the number of sworn complaints dismissed for noncompliance with statutory form requirements;

(C) the number of sworn complaints dismissed for lack of jurisdiction;

(D) the number of sworn complaints dismissed after a finding of no credible evidence of a violation;

(E) the number of sworn complaints dismissed after a finding of a lack of sufficient evidence to determine whether a violation within the jurisdiction of the commission has occurred;

(F) the number of sworn complaints resolved by the commission through an agreed order;

(G) the number of sworn complaints in which the commission issued an order finding a violation and the resulting penalties, if any; and

(H) the number and amount of civil penalties imposed for failure to timely file a statement or report, the number and amount of those civil penalties fully paid, the number and amount of those civil penalties partially paid, and the number and amount of those civil penalties no part of which has been paid, for each of the following category of statements and reports, listed separately:

(i) financial statements required to be filed under Chapter 572;

(ii) political contribution and expenditure reports required to be filed under Section 254.063, 254.093, 254.123, 254.153, or 254.157, Election Code;

(iii) political contribution and expenditure reports required to be filed under Section 254.0631, 254.0931, or 254.1231, Election Code;

(iv) political contribution and expenditure reports required to be filed under Section 254.064(b), 254.124(b), or 254.154(b), Election Code;

(v) [(iv)] political contribution and expenditure reports required to be filed under Section 254.064(c), 254.124(c), or 254.154(c), Election Code; and

(vi) [(v)] political contribution and expenditure reports required to be filed under Section 254.038 or 254.039, Election Code; and

[(vi) political contribution and expenditure reports required to be filed under Section 254.0391, Election Code; and]

(3) recommendations for any necessary statutory changes.

SECTION 19. The following provisions of the Election Code are repealed:

(1) Section 254.0391;

(2) Section 254.0401(b), as amended by Chapter 567, Acts of the 78th Legislature, Regular Session, 2003;

(3) Section 254.0401(f);

(4) Section 254.153;

(5) Section 254.1541;

(6) Sections 254.155(b) and (c);

(7) Section 254.157(b); and

(8) Section 254.158.

SECTION 20. (a) Section 253.0339, Election Code, as added by this Act, and Section 253.034, Election Code, as amended by this Act, apply only to a political contribution made on or after the effective date of this Act. A political contribution made before the effective date of this Act is governed by the law in effect on the date the contribution is made, and the former law is continued in effect for that purpose.

(b) Sections 254.063, 254.093, and 254.123, Election Code, as amended by this Act, Sections 254.0631, 254.0931, and 254.1231, Election Code, as added by this Act, and Subchapter F, Chapter 254, Election Code, as amended by this Act, apply to the reporting of political contributions and expenditures beginning September 1, 2007. Not later than September 5, 2007, a person subject to Section 254.0631, 254.0931, or 254.1231, Election Code, as added by this Act, or Section 254.155, Election Code, as amended by this Act, shall file a report of political contributions and expenditures in compliance with Chapter 254, Election Code, as that chapter existed before amendment by this Act, except that the period covered by the report:

(1) begins:

(A) July 1, 2007, in the case of a person filing semiannual reports; or

(B) July 26, 2007, in the case of a general-purpose committee filing monthly reports under Subchapter F, Chapter 254, Election Code, as that chapter existed before amendment by this Act; and

(2) ends August 31, 2007.

(c) The repeal of Section 254.0391, Election Code, by this Act, applies only to the reporting of a political contribution accepted on or after the effective date of this Act. The reporting of a political contribution accepted before the effective date of this Act is governed by the law in effect on the date the contribution is accepted, and the former law is continued in effect for that purpose.

SECTION 21. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.