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A BILL TO BE ENTITLED
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AN ACT
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relating to political expenditures made by a corporation or labor |
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organization to finance the establishment and administration of a |
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political committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 253.100, Election Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (d) and (e) |
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to read as follows: |
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(a) A corporation, acting alone or with one or more other |
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corporations, may make one or more political expenditures to |
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finance the establishment or administration of a general-purpose |
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committee. In addition to any other expenditure that is considered |
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permissible under this section, a corporation may make an |
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expenditure for the maintenance and operation of a general-purpose |
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committee, including an expenditure for: |
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(1) office space; |
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(2) telephones; |
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(3) office equipment; |
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(4) utilities; |
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(5) general office and meeting supplies; |
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(6) salaries for clerical and administrative |
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assistance; |
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(7) legal and accounting fees for the committee's |
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compliance with this title; |
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(8) routine administrative expenses incurred in |
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establishing and administering a general-purpose political |
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committee; |
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(9) meetings of the committee's governing body to |
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interview candidates and make endorsements relating to the |
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committee's support; |
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(10) the recording of committee decisions; or |
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(11) expenses incurred in preparing and delivering |
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committee contributions. |
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(c) A labor organization may engage in activity authorized |
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for a corporation by this section [Subsections (a) and (b)]. For |
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purposes of this section, the members of a labor organization are |
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considered to be corporate stockholders. |
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(d) A corporation or labor organization may not make |
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expenditures under this section for: |
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(1) political consulting to support or oppose a |
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candidate; |
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(2) telephone banks to communicate with voters to |
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support or oppose a candidate; |
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(3) brochures and direct mail supporting or opposing a |
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candidate; |
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(4) partisan voter registration and get-out-the-vote |
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drives; |
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(5) political fund-raising; |
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(6) voter identification, lists, or databases; |
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(7) polling designed to support or oppose a candidate; |
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or |
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(8) recruiting candidates. |
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(e) Subsection (d) does not apply to a corporation or labor |
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organization making an expenditure to communicate with its |
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stockholders or members, as applicable, or with the families of its |
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stockholders or members as provided by Section 253.098. |
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SECTION 2. Subchapter D, Chapter 571, Government Code, is |
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amended by adding Section 571.0941 to read as follows: |
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Sec. 571.0941. OPINION REGARDING CORPORATE OR LABOR |
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ORGANIZATION EXPENDITURE FOR GENERAL-PURPOSE COMMITTEE. In |
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issuing an advisory opinion determining whether a political |
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expenditure by a corporation or labor organization is for the |
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establishment or administration of a general-purpose committee as |
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required by Section 253.100, Election Code, the commission may |
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consider relevant federal election laws and opinions for guidance. |
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SECTION 3. The change in law made by this Act applies only |
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to a political expenditure made under Section 253.100, Election |
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Code, as amended by this Act, on or after the effective date of this |
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Act. A political expenditure made under Section 253.100, Election |
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Code, before the effective date of this Act is governed by the law |
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in effect at the time the expenditure is made, and the former law is |
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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, 2009. |