80R14448 ESH-D
 
  By: Zaffirini S.B. No. 64
 
  Substitute the following for S.B. No. 64:
 
  By:  AnchiaC.S.S.B. No. 64C.S.S.B. No. 64  Anchia C.S.S.B. No. 64
 
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of political contributions accepted or
political expenditures made near an election; providing a civil
penalty.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 254.039, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1) and
(a-2) to read as follows:
       (a)  In addition to other reports required by this chapter, a
general-purpose committee shall file additional reports during the
period beginning the ninth day before election day and ending at 12
noon on the day before election day if the committee:
             (1)  accepts political contributions from a person that
in the aggregate exceed $5,000 during that reporting period; or
             (2)  [that] makes direct campaign expenditures
supporting or opposing either a single candidate that in the
aggregate exceed $1,000 or a group of candidates that in the
aggregate exceed $15,000 during that reporting [the] period.
       (a-1)  A report under this section shall be filed [beginning
the ninth day before election day and ending at 12 noon on the
second day before election day shall file a report] electronically,
by telegram or telephonic facsimile machine, or by hand, in the form
required by Section 254.036.  The commission must receive a [the]
report under this section not later than 5 p.m. of the first
business day [48 hours] after the date the contribution is accepted
or the expenditure is made. A report under this section is not
required to be accompanied by the affidavit required under Section
254.036(h) or to be submitted on a form prescribed by the
commission. A report under this section that complies with Section
254.036(a) must be accompanied by an affidavit under Section
254.036(c)(1) unless the committee has submitted an affidavit under
Section 254.036(c)(1) with another report filed in connection with
the election for which a report is required under this section.
       (a-2)  Each report required by Subsection (a)(1) must
include the amount of the contributions specified by that
subsection, the full name and address of the person making the
contributions, and the dates of the contributions.
       (b)  Each report required by Subsection (a)(2) [this
section] must include the amount of the expenditures, the full name
and address of the persons to whom the expenditures are made, and
the dates and purposes of the expenditures.
       SECTION 2.  Subsection (a), Section 254.042, Election Code,
is amended to read as follows:
       (a)  The commission shall determine from any available
evidence whether a report[, other than a telegram report under
Section 254.038 or 254.039,] required to be filed with the
commission under this chapter is late. On making that
determination, the commission shall immediately mail a notice of
the determination to the person required to file the report.
       SECTION 3.  (a)  Section 254.039, Election Code, as amended
by this Act, applies only to the reporting of a political
contribution accepted on or after September 1, 2007.  For purposes
of Section 254.039, Election Code, as amended by this Act, a
political contribution accepted before September 1, 2007, is not
aggregated with a political contribution accepted on or after that
date.  The reporting of a political contribution accepted before
September 1, 2007, is governed by the law in effect on the date the
contribution was accepted, and the former law is continued in
effect for that purpose.
       (b)  Subsection (a), Section 254.042, Election Code, as
amended by this Act, applies only to a report under Chapter 254,
Election Code, that is required to be filed on or after the
effective date of this Act.  A report under Chapter 254, Election
Code, that is required to be filed before the effective date of this
Act is governed by the law in effect on the date the report is
required to be filed, and the former law is continued in effect for
that purpose.
       SECTION 4.  This Act takes effect September 1, 2007.