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A BILL TO BE ENTITLED
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AN ACT
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relating to defining terms applicable to groups that accept |
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political contributions or make political expenditures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 251, Election Code, is |
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amended by adding Section 251.011 to read as follows: |
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Sec. 251.011. PRINCIPAL PURPOSE. (a) "Principal purpose" |
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means, as applied to a group under this title, accepting political |
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contributions or making political expenditures when either |
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activity constitutes an important or main function of the group. |
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The principal purpose of a group is determined as provided by this |
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section. |
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(b) A group may have more than one principal purpose. |
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(c) A group has a principal purpose of accepting political |
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contributions if the proportion of the total contributions to the |
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group that are classified as political contributions exceeds 25 |
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percent within a calendar year. The intent of a contributor to make |
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a political contribution is determined by the contributor's |
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reasonable expectations as to how the group will use the |
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contribution, including an analysis of: |
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(1) the content of public statements made by the group |
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regarding fundraising efforts, goals, or support or opposition of |
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candidates, officeholders, or measures; |
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(2) the content of the group's government filings and |
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organizational documents, including the group's mission statement, |
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as applicable; and |
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(3) any other activities engaged in by the group that |
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are unrelated to accepting political contributions or making |
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political expenditures. |
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(d) A group has a principal purpose of making political |
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expenditures, including direct campaign expenditures, if the group |
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allocates more than 25 percent of its annual expenses and other |
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resources to making political expenditures within a calendar year. |
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The amount a group allocates to making political expenditures |
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includes: |
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(1) the value of the time spent by the group's |
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employees or volunteers on activities related to making political |
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expenditures; and |
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(2) the amount of money and in-kind donations spent on |
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political expenditures, including a proportional share of the |
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group's administrative expenses attributed to political |
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expenditures, such as employee compensation and benefits, |
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contractor payments, rental payments, office expenses, and |
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computer equipment and services. |
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SECTION 2. Section 254.261, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) For purposes of this section, "acting in concert" means |
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two or more persons acting in cooperation with one another, or under |
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an express or implied agreement, to pursue a common activity. |
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Examples of two or more persons acting in concert include: |
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(1) using the same consultants; |
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(2) using the same person to purchase media |
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advertising, including advertising transmitted through radio, |
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television, e-mail, an Internet website, or a social media website; |
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(3) sharing mailing, e-mail, or telephone lists; |
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(4) sharing research on candidates or measures; |
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(5) sharing polling data; |
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(6) exchanging drafts or final proofs of political |
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advertising; or |
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(7) meeting with a candidate, or an agent or staff |
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member of a candidate, regarding campaign communications, |
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including talking points, campaign themes, campaign communication |
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schedules, or campaign events. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |