84R17886 EES-F
 
  By: Davis of Harris H.B. No. 24
 
  Substitute the following for H.B. No. 24:
 
  By:  Cook C.S.H.B. No. 24
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to political contributions and political expenditures;
  amending provisions subject to a civil penalty; creating criminal
  offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.005(d), Election Code, is amended to
  read as follows:
         (d)  An out-of-state political committee that does not file a
  campaign treasurer appointment shall comply with Sections
  [Section] 254.1581, 254.161, and 254.261.
         SECTION 2.  Section 253.031, Election Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  A general-purpose [political] committee may not
  knowingly accept political contributions totaling more than $3,000
  [$500] or make or authorize political expenditures totaling more
  than $3,000 in a calendar year [$500] at a time when a campaign
  treasurer appointment for the committee is not in effect.
         (b-1)  A specific-purpose committee may not knowingly accept
  political contributions totaling more than $1,000 or make or
  authorize political expenditures totaling more than $1,000 in a
  calendar year at a time when a campaign treasurer appointment for
  the committee is not in effect.
         SECTION 3.  The heading to Section 253.037, Election Code,
  is amended to read as follows:
         Sec. 253.037.  RESTRICTION [RESTRICTIONS] ON CONTRIBUTION
  [OR EXPENDITURE] BY GENERAL-PURPOSE COMMITTEE.
         SECTION 4.  Section 253.040, Election Code, is amended to
  read as follows:
         Sec. 253.040.  SEPARATE ACCOUNTS FOR CANDIDATES AND
  OFFICEHOLDERS. (a)  Except as provided by Subsection (b) or
  Section 253.0351(c), each candidate or officeholder shall deposit
  all of [keep] the person's campaign and officeholder contributions
  in one or more accounts that are separate from any other account
  maintained by the person, not later than the fifth day after the
  date the candidate or officeholder accepts the contribution.
         (b)  A candidate or officeholder who does not accept
  political contributions that in the aggregate exceed $3,000 in a
  calendar year is not required to deposit political contributions in
  a separate account. Once the $3,000 threshold is exceeded, the
  candidate or officeholder is required to comply with Subsection (a)
  until all of the political contributions are expended.
         (c)  A person who violates this section commits an offense.
  An offense under this section is a Class B misdemeanor.
         SECTION 5.  Subchapter B, Chapter 253, Election Code, is
  amended by adding Section 253.0401 to read as follows:
         Sec. 253.0401.  SEPARATE ACCOUNTS FOR POLITICAL COMMITTEES.
  (a) Except as provided by Subsection (b), a political committee
  shall deposit all of the committee's political contributions in one
  or more accounts that are separate from any other account
  maintained by the political committee, not later than the fifth day
  after the date the committee accepts the contribution.
         (b)  A political committee that does not accept political
  contributions that in the aggregate exceed $3,000 in a calendar
  year is not required to deposit political contributions in a
  separate account. Once the $3,000 threshold is exceeded, the
  committee is required to comply with Subsection (a) until all of the
  political contributions are expended.
         (c)  A person who violates this section commits an offense.
  An offense under this section is a Class B misdemeanor.
         SECTION 6.  Section 254.001(d), Election Code, is amended to
  read as follows:
         (d)  A person required to maintain a record under this
  section shall preserve the record for at least four [two] years
  beginning on the filing deadline for the report containing the
  information in the record.
         SECTION 7.  Section 254.031(a), Election Code, is amended to
  read as follows:
         (a)  Except as otherwise provided by this chapter, each
  report filed under this chapter must include:
               (1)  the amount of political contributions from each
  person that in the aggregate exceed $100 [$50] and that are accepted
  during the reporting period by the person or committee required to
  file a report under this chapter, the full name and address of the
  person making the contributions, and the dates of the
  contributions;
               (2)  the amount of loans that are made during the
  reporting period for campaign or officeholder purposes to the
  person or committee required to file the report and that in the
  aggregate exceed $100 [$50], the dates the loans are made, the
  interest rate, the maturity date, the type of collateral for the
  loans, if any, the full name and address of the person or financial
  institution making the loans, the full name and address, principal
  occupation, and name of the employer of each guarantor of the loans,
  the amount of the loans guaranteed by each guarantor, and the
  aggregate principal amount of all outstanding loans as of the last
  day of the reporting period;
               (3)  the amount of political expenditures that in the
  aggregate exceed $100 and that are made during the reporting
  period, the full name and address of the persons to whom the
  expenditures are made, and the dates and purposes of the
  expenditures;
               (4)  the amount of each payment made during the
  reporting period from a political contribution if the payment is
  not a political expenditure, the full name and address of the person
  to whom the payment is made, and the date and purpose of the
  payment;
               (5)  the total amount or a specific listing of the
  political contributions of $100 [$50] or less accepted and the
  total amount or a specific listing of the political expenditures of
  $100 or less made during the reporting period;
               (6)  the total amount of all political contributions
  accepted and the total amount of all political expenditures made
  during the reporting period;
               (7)  the name of each candidate or officeholder who
  benefits from a direct campaign expenditure made during the
  reporting period by the person or committee required to file the
  report, and the office sought or held, excluding a direct campaign
  expenditure that is made by the principal political committee of a
  political party on behalf of a slate of two or more nominees of that
  party;
               (8)  as of the last day of a reporting period for which
  the person is required to file a report, the total amount of
  political contributions accepted, including interest or other
  income on those contributions, maintained in one or more accounts
  in which political contributions are deposited as of the last day of
  the reporting period;
               (9)  any credit, interest, rebate, refund,
  reimbursement, or return of a deposit fee resulting from the use of
  a political contribution or an asset purchased with a political
  contribution that is received during the reporting period and the
  amount of which exceeds $100;
               (10)  any proceeds of the sale of an asset purchased
  with a political contribution that is received during the reporting
  period and the amount of which exceeds $100;
               (11)  any investment purchased with a political
  contribution that is received during the reporting period and the
  amount of which exceeds $100;
               (12)  any other gain from a political contribution that
  is received during the reporting period and the amount of which
  exceeds $100; and
               (13)  the full name and address of each person from whom
  an amount described by Subdivision (9), (10), (11), or (12) is
  received, the date the amount is received, and the purpose for which
  the amount is received.
         SECTION 8.  Section 254.0311(b), Election Code, is amended
  to read as follows:
         (b)  A report filed under this section must include:
               (1)  the amount of contributions from each person,
  other than a caucus member, that in the aggregate exceed $100 [$50]
  and that are accepted during the reporting period by the
  legislative caucus, the full name and address of the person making
  the contributions, and the dates of the contributions;
               (2)  the amount of loans that are made during the
  reporting period to the legislative caucus and that in the
  aggregate exceed $100 [$50], the dates the loans are made, the
  interest rate, the maturity date, the type of collateral for the
  loans, if any, the full name and address of the person or financial
  institution making the loans, the full name and address, principal
  occupation, and name of the employer of each guarantor of the loans,
  the amount of the loans guaranteed by each guarantor, and the
  aggregate principal amount of all outstanding loans as of the last
  day of the reporting period;
               (3)  the amount of expenditures that in the aggregate
  exceed $100 [$50] and that are made during the reporting period, the
  full name and address of the persons to whom the expenditures are
  made, and the dates and purposes of the expenditures;
               (4)  the total amount or a specific listing of
  contributions of $100 [$50] or less accepted from persons other
  than caucus members and the total amount or a specific listing of
  expenditures of $100 [$50] or less made during the reporting
  period; and
               (5)  the total amount of all contributions accepted,
  including total contributions from caucus members, and the total
  amount of all expenditures made during the reporting period.
         SECTION 9.  Section 254.036, Election Code, is amended by
  adding Subsections (f-1) and (h-1) to read as follows:
         (f-1)  A report filed under this chapter with an authority
  other than the commission may be filed electronically by using
  computer software developed by the commission, if the software has
  the capability of being used for filing reports with other entities
  and the authority with whom the report is required to be filed has
  adopted rules and procedures to provide for the filing of the report
  using the software.
         (h-1)  An authority other than the commission with whom a
  report is required to be filed under this chapter may not require
  that a report filed by means of electronic transfer, including by
  the use of computer software developed by the commission, be
  accompanied by a notarized affidavit containing the statement in
  Subsection (h), provided that the report is filed in accordance
  with the rules and procedures adopted by the authority.
         SECTION 10.  Section 254.0611(a), Election Code, is amended
  to read as follows:
         (a)  In addition to the contents required by Sections 254.031
  and 254.061, each report by a candidate for a judicial office
  covered by Subchapter F, Chapter 253, must include:
               (1)  the total amount of political contributions,
  including interest or other income, maintained in one or more
  accounts in which political contributions are deposited as of the
  last day of the reporting period;
               (2)  for each individual from whom the person filing
  the report has accepted political contributions that in the
  aggregate exceed $100 [$50] and that are accepted during the
  reporting period:
                     (A)  the principal occupation and job title of the
  individual and the full name of the employer of the individual or of
  the law firm of which the individual or the individual's spouse is a
  member, if any; or
                     (B)  if the individual is a child, the full name of
  the law firm of which either of the individual's parents is a
  member, if any;
               (3)  a specific listing of each asset valued at $500 or
  more that was purchased with political contributions and on hand as
  of the last day of the reporting period;
               (4)  for each political contribution accepted by the
  person filing the report but not received as of the last day of the
  reporting period:
                     (A)  the full name and address of the person
  making the contribution;
                     (B)  the amount of the contribution; and
                     (C)  the date of the contribution; and
               (5)  for each outstanding loan to the person filing the
  report as of the last day of the reporting period:
                     (A)  the full name and address of the person or
  financial institution making the loan; and
                     (B)  the full name and address of each guarantor
  of the loan other than the candidate.
         SECTION 11.  Section 254.151, Election Code, is amended to
  read as follows:
         Sec. 254.151.  ADDITIONAL CONTENTS OF REPORTS. In addition
  to the contents required by Section 254.031, each report by a
  campaign treasurer of a general-purpose committee must include:
               (1)  the committee's full name and address;
               (2)  the full name, residence or business street
  address, and telephone number of the committee's campaign
  treasurer;
               (3)  the identity and date of the election for which the
  report is filed, if applicable;
               (4)  the name of each identified candidate or measure
  or classification by party of candidates supported or opposed by
  the committee, indicating whether the committee supports or opposes
  each listed candidate, measure, or classification by party of
  candidates;
               (5)  the name of each identified officeholder or
  classification by party of officeholders assisted by the committee;
               (6)  the principal occupation of each person from whom
  political contributions that in the aggregate exceed $100 [$50] are
  accepted during the reporting period;
               (7)  the amount of each political expenditure in the
  form of a political contribution made to a candidate, officeholder,
  or another political committee that is returned to the committee
  during the reporting period, the name of the person to whom the
  expenditure was originally made, and the date it is returned;
               (8)  on a separate page or pages of the report, the
  identification of any contribution from a corporation or labor
  organization made and accepted under Subchapter D, Chapter 253; and
               (9)  on a separate page or pages of the report, the
  identification of the name of the donor, the amount, and the date of
  any expenditure made by a corporation or labor organization to:
                     (A)  establish or administer the political
  committee; or
                     (B)  finance the solicitation of political
  contributions to the committee under Section 253.100.
         SECTION 12.  Section 254.161, Election Code, is amended to
  read as follows:
         Sec. 254.161.  NOTICE TO CANDIDATE AND OFFICEHOLDER OF
  CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee
  other than the principal political committee of a political party
  or a political committee established by a political party's county
  executive committee accepts political contributions or makes
  political expenditures for a candidate or officeholder, notice of
  that fact shall be given to the affected candidate or officeholder
  as provided by Section 254.128 for a specific-purpose committee.
  An out-of-state political committee that is required to comply with
  this section shall designate an officer of the committee to provide
  the notice.
         SECTION 13.  Section 254.261, Election Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  This section applies to an out-of-state political
  committee that does not file a campaign treasurer appointment. 
         SECTION 14.  Sections 253.037(a) and (c), Election Code, are
  repealed.
         SECTION 15.  The amendment by this Act of Section
  254.001(d), Election Code, applies to any record that contains
  information necessary for filing a report under Chapter 254,
  Election Code, for which the filing deadline was on or after
  September 1, 2013.
         SECTION 16.  Sections 254.031(a), 254.0311(b), 254.0611(a),
  and 254.151, Election Code, as amended by this Act, apply only to a
  report under Chapter 254, Election Code, that is required to be
  filed on or after the effective date of this Act. A report under
  Chapter 254, Election Code, that is required to be filed before the
  effective date of this Act is governed by the law in effect on the
  date the report is required to be filed, and the former law is
  continued in effect for that purpose.
         SECTION 17.  This Act takes effect September 1, 2015.