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A BILL TO BE ENTITLED
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AN ACT
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relating to limits on political contributions and direct campaign |
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expenditures by individuals; providing civil and criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 253.003(e), Election Code, is amended to |
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read as follows: |
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(e) A violation of Subsection (a) or (b) is a felony of the |
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third degree if the contribution is made in violation of Subchapter |
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D or G. |
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SECTION 2. Chapter 253, Election Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. AGGREGATE LIMIT ON CONTRIBUTIONS |
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BY INDIVIDUAL |
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Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to: |
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(1) a political contribution to a political committee |
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established by a political party; |
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(2) a political contribution to a candidate for or |
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holder of one of the following offices: |
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(A) a statewide executive office; |
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(B) the office of state senator; |
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(C) the office of state representative; or |
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(D) the office of member, State Board of |
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Education; |
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(3) a political contribution to a specific-purpose |
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committee for supporting or opposing a candidate for an office |
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described by Subdivision (2) or assisting a holder of such an |
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office; and |
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(4) a direct campaign expenditure in connection with |
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an office described by Subdivision (2). |
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Sec. 253.202. DEFINITION. In this subchapter, "election |
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cycle" means the period beginning on January 1 of an odd-numbered |
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year and ending on December 31 of the following even-numbered year. |
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Sec. 253.203. CONTRIBUTION LIMITS. (a) An individual may |
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not knowingly make or authorize political contributions to which |
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this subchapter applies that in the aggregate exceed $100,000 in an |
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election cycle. |
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(b) A contribution by the spouse or child of an individual |
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is considered to be a contribution by the individual. In this |
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subsection, "child" means an individual who is younger than 18 |
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years of age and who has not had the disabilities of minority |
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removed for general purposes. |
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(c) A candidate, officeholder, or political committee may |
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not knowingly accept a political contribution that the person knows |
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to have been made or authorized in violation of Subsection (a). A |
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candidate, officeholder, or political committee that receives a |
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political contribution made in violation of Subsection (a) shall |
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return the contribution to the individual making the contribution |
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not later than the 10th day after the date on which the person |
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determines the contribution has been made in violation of |
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Subsection (a). |
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(d) A person may not knowingly aid or abet the making of a |
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political contribution in violation of Subsection (a). |
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(e) A person who violates this section commits an offense. |
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An offense under this subsection is a felony of the third degree. |
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Sec. 253.204. RECEIPT OF CONTRIBUTION INTENDED FOR ANOTHER. |
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For purposes of Section 253.203, a political contribution is |
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considered to be a contribution to a candidate, officeholder, or |
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political committee if the person making the contribution in any |
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way indicates to the person receiving the contribution that the |
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contribution is intended for the candidate, officeholder, or |
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committee. A person who receives a political contribution to which |
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this section applies shall: |
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(1) report the contribution under Chapter 254 as if |
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the person were a general-purpose committee; |
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(2) notify in writing the candidate, officeholder, or |
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political committee for whom the contribution is intended of the |
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amount of the contribution, the date it was made, and the name and |
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address of the person making the contribution; and |
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(3) not later than the 14th business day after the date |
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on which the person receives the contribution, deliver the |
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contribution to the candidate, officeholder, or political |
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committee for whom the contribution is intended. |
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Sec. 253.205. CERTAIN DIRECT CAMPAIGN EXPENDITURES |
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CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section |
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253.203, a direct campaign expenditure is considered to be a |
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campaign contribution to a candidate if it is made with the |
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cooperation or prior consent of, in consultation with, or at the |
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suggestion of: |
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(1) the candidate; |
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(2) a specific-purpose committee for supporting the |
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candidate or opposing the candidate's opponent; or |
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(3) a person acting with the candidate's knowledge and |
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consent. |
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Sec. 253.206. REVIEW OF CONTRIBUTIONS BY COMMISSION. Not |
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later than March 1 of each odd-numbered year, the commission shall: |
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(1) conduct a comprehensive computer review of the |
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commission's records of political contributions made by |
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individuals during the preceding election cycle to determine if any |
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individual exceeded the limit prescribed by Section 253.203; and |
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(2) make the results of the review available to the |
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public. |
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SECTION 3. Section 254.034, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) This section applies to a political contribution |
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covered by Subchapter G, Chapter 253, except as provided by Section |
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253.203. |
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SECTION 4. Subchapter G, Chapter 253, Election Code, as |
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added by this Act, applies only to a political contribution or |
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direct campaign expenditure made on or after September 1, 2009. A |
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political contribution or direct campaign expenditure made before |
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September 1, 2009, is governed by the law in effect at the time the |
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contribution or expenditure was made and is not aggregated with |
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political contributions or direct campaign expenditures made on or |
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after that date. |
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SECTION 5. This Act takes effect September 1, 2009. |