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A BILL TO BE ENTITLED
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AN ACT
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relating to political contributions and political expenditures; |
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amending provisions subject to a civil penalty; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.005(d), Election Code, is amended to |
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read as follows: |
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(d) An out-of-state political committee that does not file a |
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campaign treasurer appointment shall comply with Sections |
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[Section] 254.1581, 254.161, and 254.261. |
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SECTION 2. Section 253.031, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) A general-purpose [political] committee may not |
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knowingly accept political contributions totaling more than $3,000 |
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[$500] or make or authorize political expenditures totaling more |
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than $3,000 in a calendar year [$500] at a time when a campaign |
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treasurer appointment for the committee is not in effect. |
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(b-1) A specific-purpose committee may not knowingly accept |
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political contributions totaling more than $1,000 or make or |
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authorize political expenditures totaling more than $1,000 in a |
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calendar year at a time when a campaign treasurer appointment for |
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the committee is not in effect. |
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SECTION 3. The heading to Section 253.037, Election Code, |
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is amended to read as follows: |
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Sec. 253.037. RESTRICTION [RESTRICTIONS] ON CONTRIBUTION |
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[OR EXPENDITURE] BY GENERAL-PURPOSE COMMITTEE. |
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SECTION 4. Section 253.040, Election Code, is amended to |
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read as follows: |
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Sec. 253.040. SEPARATE ACCOUNTS FOR CANDIDATES AND |
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OFFICEHOLDERS. (a) Except as provided by Subsection (b) or |
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Section 253.0351(c), each candidate or officeholder shall deposit |
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all of [keep] the person's campaign and officeholder contributions |
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in one or more accounts that are separate from any other account |
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maintained by the person, not later than the fifth day after the |
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date the candidate or officeholder accepts the contribution. |
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(b) A candidate or officeholder who does not accept |
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political contributions that in the aggregate exceed $3,000 in a |
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calendar year is not required to deposit political contributions in |
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a separate account. Once the $3,000 threshold is exceeded, the |
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candidate or officeholder is required to comply with Subsection (a) |
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until all of the political contributions are expended. |
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(c) A person who violates this section commits an offense. |
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An offense under this section is a Class B misdemeanor. |
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SECTION 5. Subchapter B, Chapter 253, Election Code, is |
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amended by adding Section 253.0401 to read as follows: |
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Sec. 253.0401. SEPARATE ACCOUNTS FOR POLITICAL COMMITTEES. |
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(a) Except as provided by Subsection (b), a political committee |
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shall deposit all of the committee's political contributions in one |
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or more accounts that are separate from any other account |
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maintained by the political committee, not later than the fifth day |
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after the date the committee accepts the contribution. |
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(b) A political committee that does not accept political |
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contributions that in the aggregate exceed $3,000 in a calendar |
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year is not required to deposit political contributions in a |
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separate account. Once the $3,000 threshold is exceeded, the |
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committee is required to comply with Subsection (a) until all of the |
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political contributions are expended. |
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(c) A person who violates this section commits an offense. |
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An offense under this section is a Class B misdemeanor. |
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SECTION 6. Section 254.001(d), Election Code, is amended to |
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read as follows: |
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(d) A person required to maintain a record under this |
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section shall preserve the record for at least four [two] years |
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beginning on the filing deadline for the report containing the |
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information in the record. |
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SECTION 7. Section 254.031(a), Election Code, is amended 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 $100 [$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) 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 $100 [$50], the dates the loans are made, the |
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interest rate, the maturity date, the type of collateral for the |
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loans, if 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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(3) the amount of political expenditures that in the |
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aggregate exceed $100 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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(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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(5) the total amount or a specific listing of the |
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political contributions of $100 [$50] or less accepted and the |
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total amount or a specific listing of the political expenditures of |
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$100 or less made during the reporting period; |
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(6) the total amount of all political contributions |
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accepted and the total amount of all political expenditures made |
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during the reporting period; |
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(7) the name of each candidate or officeholder who |
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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; |
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(8) as of the last day of a reporting period for which |
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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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(9) any credit, interest, rebate, refund, |
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reimbursement, or return of a deposit fee resulting from the use of |
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a political contribution or an asset purchased with a political |
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contribution that is received during the reporting period and the |
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amount of which exceeds $100; |
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(10) any proceeds of the sale of an asset purchased |
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with a political contribution that is received during the reporting |
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period and the amount of which exceeds $100; |
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(11) any investment purchased with a political |
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contribution that is received during the reporting period and the |
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amount of which exceeds $100; |
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(12) any other gain from a political contribution that |
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is received during the reporting period and the amount of which |
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exceeds $100; and |
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(13) the full name and address of each person from whom |
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an amount described by Subdivision (9), (10), (11), or (12) is |
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received, the date the amount is received, and the purpose for which |
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the amount is received. |
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SECTION 8. 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 $100 [$50] |
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and that are accepted during the reporting period by the |
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legislative caucus, the full name and address of the person making |
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the contributions, and the dates of the contributions; |
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(2) 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 $100 [$50], the dates the loans are made, the |
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interest rate, the maturity date, the type of collateral for the |
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loans, if 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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(3) the amount of expenditures that in the aggregate |
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exceed $100 [$50] and that are made during the reporting period, the |
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full name and address of the persons to whom the expenditures are |
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made, and the dates and purposes of the expenditures; |
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(4) the total amount or a specific listing of |
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contributions of $100 [$50] or less accepted from persons other |
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than caucus members and the total amount or a specific listing of |
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expenditures of $100 [$50] or less made during the reporting |
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period; and |
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(5) the total amount of all contributions accepted, |
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including total contributions from caucus members, and the total |
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amount of all expenditures made during the reporting period. |
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SECTION 9. Section 254.036, Election Code, is amended by |
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adding Subsections (f-1) and (h-1) to read as follows: |
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(f-1) A report filed under this chapter with an authority |
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other than the commission may be filed electronically by using |
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computer software developed by the commission, if the software has |
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the capability of being used for filing reports with other entities |
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and the authority with whom the report is required to be filed has |
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adopted rules and procedures to provide for the filing of the report |
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using the software. |
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(h-1) An authority other than the commission with whom a |
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report is required to be filed under this chapter may not require |
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that a report filed by means of electronic transfer, including by |
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the use of computer software developed by the commission, be |
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accompanied by a notarized affidavit containing the statement in |
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Subsection (h), provided that the report is filed in accordance |
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with the rules and procedures adopted by the authority. |
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SECTION 10. 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 $100 [$50] and that are accepted during the |
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reporting period: |
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(A) the principal occupation and job title of the |
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individual and the full name of the employer of the individual or of |
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the law firm of which the individual or the individual's spouse is a |
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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 11. 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 $100 [$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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(8) on a separate page or pages of the report, the |
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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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(9) on a separate page or pages of the report, the |
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identification of the name of the donor, the amount, and the date of |
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any expenditure made by a corporation or labor organization 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 12. Section 254.161, Election Code, is amended to |
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read as follows: |
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Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OF |
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CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee |
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other than the principal political committee of a political party |
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or a political committee established by a political party's county |
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executive committee accepts political contributions or makes |
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political expenditures for a candidate or officeholder, notice of |
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that fact shall be given to the affected candidate or officeholder |
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as provided by Section 254.128 for a specific-purpose committee. |
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An out-of-state political committee that is required to comply with |
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this section shall designate an officer of the committee to provide |
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the notice. |
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SECTION 13. Section 254.261, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section applies to an out-of-state political |
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committee that does not file a campaign treasurer appointment. |
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SECTION 14. Sections 253.037(a) and (c), Election Code, are |
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repealed. |
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SECTION 15. The amendment by this Act of Section |
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254.001(d), Election Code, applies to any record that contains |
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information necessary for filing a report under Chapter 254, |
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Election Code, for which the filing deadline was on or after |
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September 1, 2013. |
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SECTION 16. Sections 254.031(a), 254.0311(b), 254.0611(a), |
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and 254.151, Election Code, as amended by this Act, apply only to a |
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report under Chapter 254, Election Code, that is required to be |
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filed on or after the effective date of this Act. A report under |
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Chapter 254, Election Code, that is required to be filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the report is required to be filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 17. This Act takes effect September 1, 2015. |