81R4716 ESH-D

By: Villarreal H.B. No. 4527

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of political contributions and expenditures by certain political subdivisions; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 15, Election Code, is amended by adding Chapter 260 to read as follows:

CHAPTER 260. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS

Sec. 260.001. APPLICABILITY OF CHAPTER. This chapter applies only to:

(1) an election for an office of:

(A) a county;

(B) an independent school district;

(C) a junior college district; or

(D) a district to which Chapter 49, Water Code, applies; or

(2) an election on a measure ordered by the governing body of a political subdivision described by Subdivision (1).

Sec. 260.002. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS. (a) The governing body of a political subdivision to which this chapter applies may regulate:

(1) political contributions to and expenditures by:

(A) a candidate for or holder of an elected office in the political subdivision;

(B) a specific-purpose committee for the purpose of supporting or opposing a candidate described by Paragraph (A) or assisting an officeholder described by Paragraph (A); or

(C) a general-purpose committee involved in an election for an elected office of the political subdivision; or

(2) political contributions and expenditures related to an election on a measure ordered by the governing body.

(b) A regulation authorized by Subsection (a) may not be inconsistent with a provision of this title, except that the governing body may adopt a regulation that is more stringent than a provision of this title.

Sec. 260.003. ENFORCEMENT. (a) The governing body of a political subdivision to which this chapter applies may adopt procedures for the enforcement of regulations adopted under this chapter, including procedures authorizing suit to be brought in the district court for appropriate injunctive relief to prevent the violation or threatened violation of a regulation adopted under this chapter from continuing or occurring.

(b) The governing body of a political subdivision to which this chapter applies may impose an administrative penalty for a violation of a regulation adopted under this chapter. The amount of an administrative penalty under this subsection may not exceed the lesser of:

(1) $2,000; or

(2) three times the amount at issue in the violation.

(c) A person commits an offense if the person violates a regulation adopted under this chapter. An offense under this subsection is a Class C misdemeanor.

SECTION 2. This Act takes effect September 1, 2009.