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A BILL TO BE ENTITLED
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AN ACT
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relating to political contributions to and political expenditures |
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made by or on behalf of candidates, officeholders, and political |
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committees; 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 251.001(2), Election Code, is amended to |
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read as follows: |
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(2) "Contribution" means a direct or indirect transfer |
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of money, goods, services, or any other thing of value [and includes
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an agreement made or other obligation incurred, whether legally
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enforceable or not, to make a transfer]. The term includes a loan |
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or extension of credit, other than those expressly excluded by this |
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subdivision, and a guarantee of a loan or extension of credit, |
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including a loan described by this subdivision. The term does not |
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include: |
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(A) a loan made in the due course of business by a |
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corporation that is legally engaged in the business of lending |
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money and that has conducted the business continuously for more |
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than one year before the loan is made; or |
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(B) an expenditure required to be reported under |
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Section 305.006(b), Government Code. |
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SECTION 2. Subchapter A, Chapter 253, Election Code, is |
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amended by adding Section 253.006 to read as follows: |
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Sec. 253.006. STUDY OF LIMITS ON CONTRIBUTIONS AND |
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EXPENDITURES. The commission shall conduct a study regarding |
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limits on political contributions to and political expenditures |
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made by or on behalf of candidates, officeholders, and political |
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committees in connection with legislative and executive offices. |
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The study must include a survey of states that have such limits to |
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determine the effect those limits have had. Recommendations under |
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this section must be made to the legislature not later than January |
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1, 2011. This section expires January 15, 2011. |
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SECTION 3. Section 253.035, Election Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) A person who violates this section commits an offense. |
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An offense under this section is a Class C misdemeanor. |
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SECTION 4. Section 253.042(g), Election Code, is amended to |
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read as follows: |
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(g) The commission shall study possible restrictions on |
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amounts of reimbursements under Subsection (a) in connection with |
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the offices of state senator and state representative and member, |
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State Board of Education, and shall make appropriate |
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recommendations to the legislature on those matters. |
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Recommendations under this section must be made to the legislature |
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not later than January 1, 2011, and may be combined with |
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recommendations made under Section 253.006. This subsection |
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expires January 15, 2011. |
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SECTION 5. Section 253.061, Election Code, is amended to |
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read as follows: |
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Sec. 253.061. DIRECT EXPENDITURE OF $200 [$100] OR LESS. |
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Except as otherwise provided by law, an individual not acting in |
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concert with another person may make one or more direct campaign |
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expenditures in an election from the individual's own property if: |
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(1) the total expenditures on any one or more |
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candidates or measures do not exceed $200 [$100]; and |
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(2) the individual receives no reimbursement for the |
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expenditures. |
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SECTION 6. The heading to Section 253.062, Election Code, |
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is amended to read as follows: |
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Sec. 253.062. DIRECT EXPENDITURE EXCEEDING $200 [$100]. |
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SECTION 7. Section 253.062(a), Election Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by law, an individual not |
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acting in concert with another person may make one or more direct |
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campaign expenditures in an election from the individual's own |
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property that exceed $200 [$100] on any one or more candidates or |
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measures if: |
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(1) the individual complies with Chapter 254 as if the |
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individual were a campaign treasurer of a political committee; and |
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(2) the individual receives no reimbursement for the |
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expenditures. |
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SECTION 8. Section 254.031(a), Election Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by this chapter, each |
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report filed under this chapter must include: |
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(1) the amount of political contributions from each |
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person that in the aggregate exceed $75 [$50] and that are accepted |
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during the reporting period by the person or committee required to |
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file a report under this chapter, the full name and address of the |
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person making the contributions, and the dates of the |
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contributions; |
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(2) the amount of loans that are made during the |
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reporting period for campaign or officeholder purposes to the |
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person or committee required to file the report and that in the |
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aggregate exceed $75 [$50], the dates the loans are made, the |
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interest rate, the maturity date, the type of collateral for the |
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loans, if any, the full name and address of the person or financial |
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institution making the loans, the full name and address, principal |
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occupation, and name of the employer of each guarantor of the loans, |
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the amount of the loans guaranteed by each guarantor, and the |
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aggregate principal amount of all outstanding loans as of the last |
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day of the reporting period; |
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(3) the amount of political expenditures that in the |
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aggregate exceed $75 [$50] and that are made during the reporting |
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period, the full name and address of the persons to whom the |
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expenditures are made, and the dates and purposes of the |
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expenditures; |
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(4) the amount of each payment made during the |
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reporting period from a political contribution if the payment is |
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not a political expenditure, the full name and address of the person |
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to whom the payment is made, and the date and purpose of the |
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payment; |
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(5) the total amount or a specific listing of the |
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political contributions of $75 [$50] or less accepted and the total |
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amount or a specific listing of the political expenditures of $75 |
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[$50] or less made during the reporting period; |
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(6) the total amount of all political contributions |
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accepted and the total amount of all political expenditures made |
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during the reporting period; |
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(7) the name of each candidate or officeholder who |
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benefits from a direct campaign expenditure made during the |
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reporting period by the person or committee required to file the |
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report, and the office sought or held, excluding a direct campaign |
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expenditure that is made by the principal political committee of a |
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political party on behalf of a slate of two or more nominees of that |
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party; and |
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(8) as of the last day of a reporting period for which |
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the person is required to file a report, the total amount of |
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political contributions accepted, including interest or other |
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income on those contributions, maintained in one or more accounts |
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in which political contributions are deposited as of the last day of |
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the reporting period. |
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SECTION 9. This Act applies only to a political |
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contribution accepted or an expenditure made from political |
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contributions on or after September 1, 2009. A political |
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contribution accepted or an expenditure made from political |
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contributions before September 1, 2009, is governed by the law in |
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effect at the time the contribution was accepted or the expenditure |
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was made. |
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SECTION 10. This Act takes effect September 1, 2009. |