By: Cook H.B. No. 37

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of certain political contributions and political expenditures by certain persons; adding provisions subject to a criminal penalty.

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

SECTION 1. Section 254.261, Election Code, is amended by adding Subsection (e) to read as follows:

(e) This section does not apply to a person to whom Subchapter K applies.

SECTION 2. Chapter 254, Election Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. REPORTING BY CERTAIN PERSONS WHO ARE NOT POLITICAL

COMMITTEES

Sec. 254.281. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a person or group of persons that:

(1) is not a political committee;

(2) accepts political contributions as described by Subsection (b); and

(3) makes one or more political expenditures, excluding expenditures authorized by Sections 253.098, 253.099, 253.100, and 253.104, that in the aggregate exceed $25,000 during a calendar year.

(b) A person or group of persons accepts political contributions if a member or donor of the person or group makes a payment, including dues, to the person or group and, at the time that the member or donor makes the payment, the member or donor knows or has reason to know that the payment may be used to make a political contribution or political expenditure or may be comingled with other funds used to make a political contribution or political expenditure. A member or donor who signs a statement indicating that the member's or donor's payment to the person or group may not be used to make a political contribution or political expenditure does not have reason to know that the payment may be used to make a political contribution or political expenditure.

Sec. 254.282. REPORTING REQUIREMENTS. (a) Except as otherwise provided by this subchapter, a person or group of persons shall comply with this subchapter as if the person or group were the campaign treasurer of a general-purpose committee that does not file monthly reports under Section 254.155.

(b) A person or group of persons is not required to file a campaign treasurer appointment for making political expenditures for which reporting is required under this subchapter, unless the person is otherwise required to file a campaign treasurer appointment under this title.

(c) A person or group of persons is not required to file a report under this subchapter if:

(1) the person or group is required to disclose political contributions and political expenditures in another report required under this title within the time applicable under this subchapter for reporting the contributions and expenditures; or

(2) no reportable activity occurs during the reporting period.

Sec. 254.283. CONTENTS OF REPORT. (a) Itemization of a political contribution as provided by Section 254.031(a)(1) is required in a report under this subchapter only if the aggregate amount of contributions accepted from a person exceeds $1,000 during the reporting period.

(b) The first report required to be filed in a calendar year in which the $25,000 threshold under Section 254.281(a)(3) is exceeded must include all political contributions accepted and all political expenditures made in the 12 months immediately preceding the acceptance of the contribution or the making of the expenditure that triggers the reporting requirements of this subchapter and not previously reported as required under this subchapter.

SECTION 3. Subchapter K, Chapter 254, Election Code, as added by this Act, applies only to the reporting of a political contribution or political expenditure made on or after the effective date of this Act. A contribution or expenditure made before the effective date of this Act is governed by the law in effect when the contribution or expenditure was made, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2015.