83R1789 ATP-D

By: Anchia H.B. No. 2505

A BILL TO BE ENTITLED

AN ACT

relating to political contribution limits in connection with certain offices of state government.

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

SECTION 1. Subchapter B, Chapter 253, Election Code, is amended by adding Section 253.044 to read as follows:

Sec. 253.044. CONTRIBUTION LIMITS FOR CERTAIN OFFICES. (a) In this section, "election cycle" means the period beginning on January 1 of an odd-numbered year and ending on December 31 of the following even-numbered year.

(b) This section applies to a candidate for or officeholder of:

(1) a statewide office in the executive branch;

(2) the office of state senator;

(3) the office of state representative; or

(4) the office of member, State Board of Education.

(c) A person may not make political contributions to a single candidate or officeholder that in the aggregate exceed $100,000 in an election cycle. A candidate or officeholder may not knowingly accept political contributions from a person that in the aggregate exceed $100,000 in an election cycle.

(d) Notwithstanding Section 254.034, a person who receives a political contribution that violates Subsection (c) shall return the contribution to the contributor not later than the later of:

(1) the last day of the reporting period in which the contribution is received; or

(2) the fifth day after the date the contribution is received.

(e) For purposes of this section, a contribution made by the child of an individual is considered to be a contribution by the individual. In this subsection, "child" means a person younger than 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.

(f) A contribution made to a specific-purpose committee supporting a candidate, opposing the candidate's opponent, or assisting the candidate as an officeholder is considered to be a contribution to the candidate for purposes of this section unless the candidate files with the authority with whom the candidate's campaign treasurer appointment is filed an affidavit stating that the committee acts independently of the candidate. A candidate may file a single affidavit for each committee and is not required to file an affidavit for each contribution made to a committee.

(g) For purposes of this section, an expenditure by a general-purpose committee for the purpose of supporting a candidate, opposing the candidate's opponent, or assisting the candidate as an officeholder is considered to be a contribution to the candidate unless the campaign treasurer of the general-purpose committee, in an affidavit filed with the authority with whom the candidate's campaign treasurer appointment is required to be filed, states that the committee has not directly or indirectly communicated with the candidate's campaign, including the candidate, an aide to the candidate, a campaign officer, or a campaign consultant, or a specific-purpose committee in regard to a strategic matter, including polling data, advertising, or voter demographics, in connection with the candidate's campaign.

SECTION 2. Section 253.044, Election Code, as added by this Act, applies only to a political contribution accepted on or after the effective date of this Act. A political contribution accepted before the effective date of this Act is governed by the law in effect on the date the contribution was accepted and is not aggregated with political contributions accepted on or after the effective date of this Act.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.