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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation and reporting of political contributions |
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and expenditures and legislative caucus contributions and |
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expenditures. |
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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 or |
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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. Sections 253.031(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) A political committee may not knowingly accept |
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political contributions totaling more than $500 in a calendar year |
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or make or authorize political expenditures totaling more than $500 |
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in a calendar year unless [at a time when] a campaign treasurer |
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appointment for the committee is [not] in effect. |
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(c) A political committee may not knowingly make or |
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authorize a campaign contribution or campaign expenditure |
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[supporting or opposing a candidate for an office specified by
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Section 252.005(1)] in connection with a primary or general |
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election unless the committee's campaign treasurer appointment has |
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been filed not later than the 30th day before the appropriate |
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election day. |
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SECTION 3. Section 253.037(a), Election Code, is amended to |
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read as follows: |
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(a) A general-purpose committee may not knowingly make or |
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authorize a political contribution or political expenditure unless |
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the committee has [:
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[(1)
filed its campaign treasurer appointment not
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later than the 60th day before the date the contribution or
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expenditure is made; and
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[(2)] accepted political contributions from at least |
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10 persons. |
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SECTION 4. Section 254.031, Election Code, is amended by |
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amending Subsections (a) and (a-1) and adding Subsection (a-2) 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 $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) for each individual from whom the person filing |
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the report has accepted political contributions that equal or |
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exceed $250 and that are accepted during the reporting period: |
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(A) the individual's principal occupation or job |
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title; and |
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(B) the full name of the individual's employer; |
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(3) 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 $50, the dates the loans are made, the interest |
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rate, the maturity date, the type of collateral for the loans, if |
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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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(4) [(3)] the amount of political expenditures that in |
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the aggregate exceed $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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(5) [(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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(6) [(5)] the total amount or a specific listing of |
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the political contributions of $50 or less accepted and the total |
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amount or a specific listing of the political expenditures of $50 or |
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less made during the reporting period; |
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(7) [(6)] the total amount of all political |
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contributions accepted and the total amount of all political |
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expenditures made during the reporting period; |
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(8) [(7)] the name of each candidate or officeholder |
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who 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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(9) [(8)] as of the last day of a reporting period for |
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which 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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(a-1) A de minimis error in calculating or reporting a cash |
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balance under Subsection (a)(9) [(a)(8)] is not a violation of this |
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section. |
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(a-2) Subsection (a)(2) applies only to a candidate, |
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officeholder, or political committee that is required to file |
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reports with the commission, other than: |
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(1) a candidate for or holder of the office of district |
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attorney in a district composed of two or more counties; |
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(2) a specific-purpose committee for supporting or |
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opposing only a candidate described by Subdivision (1) or assisting |
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only an officeholder described by that subdivision; |
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(3) a candidate for an office described by Section |
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252.005(5); or |
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(4) a specific-purpose committee for supporting or |
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opposing only candidates for an office described by Section |
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252.005(5) or a measure described by Section 252.007(5). |
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SECTION 5. Section 254.0311(b), Election Code, is amended |
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to read as follows: |
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(b) A report filed under this section must include: |
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(1) the amount of contributions from each person, |
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other than a caucus member, that [in the aggregate] exceed $50 and |
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that are accepted during the reporting period by the legislative |
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caucus, the full name and address of the person making the |
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contributions, and the dates of the contributions; |
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(2) for each individual from whom the legislative |
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caucus has accepted contributions that equal or exceed $250 and |
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that are accepted during the reporting period: |
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(A) the individual's principal occupation or job |
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title; and |
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(B) the full name of the individual's employer; |
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(3) the amount of loans that are made during the |
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reporting period to the legislative caucus and that in the |
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aggregate exceed $50, the dates the loans are made, the interest |
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rate, the maturity date, the type of collateral for the loans, if |
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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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(4) [(3)] the amount of expenditures that in the |
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aggregate exceed $50 and that are made during the reporting period, |
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the full name and address of the persons to whom the expenditures |
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are made, and the dates and purposes of the expenditures; |
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(5) [(4)] the total amount or a specific listing of |
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contributions of $50 or less accepted from persons other than |
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caucus members and the total amount or a specific listing of |
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expenditures of $50 or less made during the reporting period; and |
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(6) [(5)] the total amount of all contributions |
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accepted, including total contributions from caucus members, and |
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the total amount of all expenditures made during the reporting |
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period. |
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SECTION 6. Section 254.0312, Election Code, is amended to |
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read as follows: |
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Sec. 254.0312. BEST EFFORTS. (a) A person required to |
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file a report under this chapter is considered to be in compliance |
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with Section 254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or |
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254.1211 [254.0612, 254.0912, or 254.1212] only if the person or |
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the person's campaign treasurer shows that the person has used best |
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efforts to obtain, maintain, and report the information required by |
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those sections. A person is considered to have used best efforts to |
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obtain, maintain, and report that information if the person or the |
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person's campaign treasurer complies with this section. |
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(b) Each written solicitation for political contributions |
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or legislative caucus contributions from an individual must |
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include: |
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(1) a clear request for the individual's full name and |
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address, the individual's principal occupation or job title, and |
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the full name of the individual's employer; and |
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(2) an accurate statement of state law regarding the |
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collection and reporting of individual contributor information, |
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such as: |
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(A) "State law requires (certain candidates, |
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officeholders, [or] political committees, or legislative caucuses, |
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as applicable) to use best efforts to collect and report the full |
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name and address, principal occupation or job title, and full name |
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of employer of individuals whose contributions equal or exceed $250 |
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[$500] in a reporting period."; or |
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(B) "To comply with state law, (certain |
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candidates, officeholders, [or] political committees, or |
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legislative caucuses, as applicable) must use best efforts to |
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obtain, maintain, and report the full name and address, principal |
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occupation or job title, and full name of employer of individuals |
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whose contributions equal or exceed $250 [$500] in a reporting |
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period.". |
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(c) For each political contribution or legislative caucus |
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contribution received from an individual that, when aggregated with |
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all other political contributions or legislative caucus |
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contributions received from the individual during the reporting |
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period, equals or exceeds $250 [$500] and for which the information |
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required by Section 254.031(a)(2), 254.0311(b)(2), 254.0611, |
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254.0911, or 254.1211 [254.0612, 254.0912, or 254.1212] is not |
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provided, the person must make at least one oral or written request |
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for the missing information. A request under this subsection: |
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(1) must be made not later than the 30th day after the |
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date the contribution is received; |
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(2) must include a clear and conspicuous statement |
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that complies with Subsection (b); |
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(3) if made orally, must be documented in writing; and |
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(4) may not be made in conjunction with a solicitation |
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for an additional [political] contribution. |
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(d) A person must report any information required by Section |
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254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or 254.1211 |
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[254.0612, 254.0912, or 254.1212] that is not provided by the |
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individual making the political contribution or legislative caucus |
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contribution and that the person has in the person's records of |
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political contributions or legislative caucus contributions or |
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previous reports under this chapter. |
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(e) A person who receives information required by Section |
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254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or 254.1211 |
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[254.0612, 254.0912, or 254.1212] after the filing deadline for the |
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report on which the contribution is reported must include the |
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missing information on the next report the person is required to |
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file under this chapter. |
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SECTION 7. Section 254.037(b), Election Code, is amended to |
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read as follows: |
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(b) The deadline for filing a report electronically with the |
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commission as required by this chapter is 11:59 p.m. [midnight] on |
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the last day for filing the report. |
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SECTION 8. Section 254.038(c), Election Code, is amended to |
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read as follows: |
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(c) A report under this section shall be filed |
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electronically, by telegram or telephonic facsimile machine, or by |
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hand, in the form required by Section 254.036. The commission must |
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receive a report under this section filed by telegram, telephonic |
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facsimile machine, or hand not later than 5 p.m. of the first |
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business day after the date the contribution is accepted. The |
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commission must receive a report under this section filed |
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electronically not later than 11:59 p.m. [midnight] of the first |
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business day after the date the contribution is accepted. A report |
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under this section is not required to be accompanied by the |
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affidavit required under Section 254.036(h) or to be submitted on a |
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form prescribed by the commission. A report under this section |
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that complies with Section 254.036(a) must be accompanied by an |
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affidavit under Section 254.036(c)(1) unless the candidate or |
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committee has submitted an affidavit under Section 254.036(c)(1) |
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with another report filed in connection with the election for which |
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a report is required under this section. |
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SECTION 9. Section 254.0611(a), Election Code, is amended |
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to read as follows: |
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(a) In addition to the contents required by Sections 254.031 |
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and 254.061, each report by a candidate for a judicial office |
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covered by Subchapter F, Chapter 253, must include: |
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(1) the total amount of political contributions, |
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including interest or other income, maintained in one or more |
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accounts in which political contributions are deposited as of the |
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last day of the reporting period; |
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(2) for each individual from whom the person filing |
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the report has accepted political contributions that [in the
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aggregate] exceed $250 [$50] and that are accepted during the |
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reporting period: |
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(A) the principal occupation or [and] job title |
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of the individual and the full name of the employer of the |
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individual or of the law firm of which the individual or the |
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individual's spouse is a member, if any; or |
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(B) if the individual is a child, the full name of |
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the law firm of which either of the individual's parents is a |
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member, if any; |
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(3) a specific listing of each asset valued at $500 or |
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more that was purchased with political contributions and on hand as |
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of the last day of the reporting period; |
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(4) for each political contribution accepted by the |
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person filing the report but not received as of the last day of the |
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reporting period: |
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(A) the full name and address of the person |
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making the contribution; |
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(B) the amount of the contribution; and |
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(C) the date of the contribution; and |
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(5) for each outstanding loan to the person filing the |
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report as of the last day of the reporting period: |
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(A) the full name and address of the person or |
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financial institution making the loan; and |
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(B) the full name and address of each guarantor |
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of the loan other than the candidate. |
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SECTION 10. Section 254.151, Election Code, is amended to |
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read as follows: |
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Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition |
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to the contents required by Section 254.031, each report by a |
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campaign treasurer of a general-purpose committee must include: |
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(1) the committee's full name and address; |
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(2) the full name, residence or business street |
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address, and telephone number of the committee's campaign |
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treasurer; |
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(3) the identity and date of the election for which the |
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report is filed, if applicable; |
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(4) the name of each identified candidate or measure |
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or classification by party of candidates supported or opposed by |
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the committee, indicating whether the committee supports or opposes |
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each listed candidate, measure, or classification by party of |
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candidates; |
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(5) the name of each identified officeholder or |
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classification by party of officeholders assisted by the committee; |
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(6) [the principal occupation of each person from whom
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political contributions that in the aggregate exceed $50 are
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accepted during the reporting period;
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[(7)] the amount of each political expenditure in the |
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form of a political contribution made to a candidate, officeholder, |
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or another political committee that is returned to the committee |
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during the reporting period, the name of the person to whom the |
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expenditure was originally made, and the date it is returned; |
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(7) [(8)] on a separate page or pages of the report, |
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the identification of any contribution from a corporation or labor |
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organization made and accepted under Subchapter D, Chapter 253; and |
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(8) [(9)] on a separate page or pages of the report, |
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the identification of the name of the donor, the amount, and the |
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date of any expenditure made by a corporation or labor organization |
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to: |
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(A) establish or administer the political |
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committee; or |
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(B) finance the solicitation of political |
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contributions to the committee under Section 253.100. |
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SECTION 11. Section 254.1541(b), Election Code, is amended |
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to read as follows: |
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(b) A report by a campaign treasurer of a general-purpose |
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committee to which this section applies may include, instead of the |
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information required under Sections 254.031(a)(1) and (6) [(5) and
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Section 254.151(6)]: |
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(1) the amount of political contributions from each |
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person that [in the aggregate] exceed $100 and that are accepted |
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during the reporting period by the committee, the full name and |
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address of the person making the contributions, [the person's
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principal occupation,] and the dates of the contributions; and |
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(2) the total amount or a specific listing of the |
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political contributions of $100 or less accepted and the total |
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amount or a specific listing of the political expenditures of $100 |
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or less made during the reporting period. |
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SECTION 12. Section 254.156, Election Code, is amended to |
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read as follows: |
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Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly |
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report filed under this subchapter must comply with Sections |
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254.031 and 254.151 except that the maximum amount of a political |
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contribution, expenditure, or loan that is not required to be |
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individually reported is: |
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(1) $10 [in the aggregate]; or |
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(2) $20 [in the aggregate] for a contribution accepted |
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by a general-purpose committee to which Section 254.1541 applies. |
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SECTION 13. Sections 254.0612, 254.0912, and 254.1212, |
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Election Code, are repealed. |
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SECTION 14. (a) Chapters 251 and 253, Election Code, as |
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amended by this Act, apply only to a political contribution |
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accepted on or after September 1, 2009. A political contribution |
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accepted before September 1, 2009, is governed by the law in effect |
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on the date the contribution is accepted, and the former law is |
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continued in effect for that purpose. |
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(b) Chapter 254, Election Code, as amended by this Act, |
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applies only to a report of political contributions and |
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expenditures or legislative caucus contributions and expenditures |
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that is due on or after January 1, 2010. A report of political |
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contributions and expenditures or legislative caucus contributions |
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and expenditures that is due before January 1, 2010, is governed by |
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the law in effect on the date the report is due, and the former law |
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is continued in effect for that purpose. |
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SECTION 15. This Act takes effect September 1, 2009. |