84R9263 ATP-F

By: Turner of Tarrant H.B. No. 1787

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of political contributions and expenditures.

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

SECTION 1. Section 251.001, Election Code, is amended by adding Subdivision (21) to read as follows:

(21) "In-kind contribution" means a contribution of goods, services, or any other thing of value, except money.

SECTION 2. Sections 252.0011(c) and (d), Election Code, are amended to read as follows:

(c) Subsection (a) does not apply to a person if, in any quarterly [semiannual] reporting period prescribed by Chapter 254:

(1) the political committee in connection with which the person's ineligibility arose did not accept political contributions that in the aggregate exceed $2,500 [$5,000] or make political expenditures that in the aggregate exceed $2,500 [$5,000]; and

(2) the candidate who or political committee that subsequently appoints the person does not accept political contributions that in the aggregate exceed $2,500 [$5,000] or make political expenditures that in the aggregate exceed $2,500 [$5,000].

(d) Subsection (c) applies to a person who is the campaign treasurer of a general-purpose committee regardless of whether the committee files monthly reports under Section 254.155. For purposes of this subsection, political contributions accepted and political expenditures made during a monthly reporting period are aggregated with political contributions accepted and political expenditures made in each other monthly reporting period that corresponds to the quarterly [semiannual] reporting period that contains those months.

SECTION 3. Section 254.031, Election Code, is amended by amending Subsection (a) and adding Subsection (c) 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 $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 $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 $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 difference obtained from subtracting any payment for a political expenditure made through a negotiable instrument, credit card, or similar method that has not yet been processed from the total amount of political contributions accepted and deposited, 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;

(14) the amount of in-kind political contributions from each person that in the aggregate exceed $50 and that are used or expended during the reporting period and the date and purpose of such use or expenditure; and

(15) the amount of each bill or invoice that has been assessed but for which payment has not yet been made.

(c) For purposes of Subsections (a)(3) and (4), the date of an expenditure or payment made with a credit card is the date of the purchase.

SECTION 4. Section 254.0401(a), Election Code, is amended to read as follows:

(a) The commission shall make each report filed with the commission under Section 254.036(b) available to the public on the Internet as soon as practicable after [not later than the second business day after the date] the report is filed.

SECTION 5. Section 254.0405, Election Code, is amended to read as follows:

Sec. 254.0405. AMENDMENT OF FILED REPORT. (a) A person who files a quarterly or semiannual report under this chapter may amend the report.

(b) A quarterly or semiannual report that is amended before the eighth day after the date the original report was filed is considered to have been filed on the date on which the original report was filed.

(c) A quarterly or semiannual report that is amended on or after the eighth day after the original report was filed is considered to have been filed on the date on which the original report was filed if:

(1) the amendment is made before any complaint is filed with regard to the subject of the amendment; and

(2) the original report was made in good faith and without an intent to mislead or to misrepresent the information contained in the report.

SECTION 6. Section 254.041(d), Election Code, is amended to read as follows:

(d) It is an exception to the application of Subsection (a)(3) that:

(1) the information was required to be included in a quarterly or semiannual report; and

(2) the person amended the report within the time prescribed by Section 254.0405(b) or under the circumstances described by Section 254.0405(c).

SECTION 7. Section 254.063, Election Code, is amended to read as follows:

Sec. 254.063. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE FOR CANDIDATE. (a) A candidate shall file four [two] reports for each year as provided by this section.

(b) The first report shall be filed not later than April [July] 15. The report covers the period beginning January 1, the day the candidate's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through March 31 [June 30].

(c) The second report shall be filed not later than July [January] 15. The report covers the period beginning April [July] 1, the day the candidate's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through June 30 [December 31].

(d) The third report shall be filed not later than October 15. The report covers the period beginning July 1, the day the candidate's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through September 30.

(e) The fourth report shall be filed not later than January 15. The report covers the period beginning October 1, the day the candidate's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through December 31.

SECTION 8. Section 254.123, Election Code, is amended to read as follows:

Sec. 254.123. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE FOR COMMITTEE. (a) The campaign treasurer of a specific-purpose committee shall file four [two] reports for each year as provided by this section.

(b) The first report shall be filed not later than April [July] 15. The report covers the period beginning January 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through March 31 [June 30].

(c) The second report shall be filed not later than July [January] 15. The report covers the period beginning April [July] 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through June 30 [December 31].

(d) The third report shall be filed not later than October 15. The report covers the period beginning July 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through September 30.

(e) The fourth report shall be filed not later than January 15. The report covers the period beginning October 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through December 31.

SECTION 9. Section 254.153, Election Code, is amended to read as follows:

Sec. 254.153. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE FOR COMMITTEE. (a) The campaign treasurer of a general-purpose committee shall file four [two] reports for each year as provided by this section.

(b) The first report shall be filed not later than April [July] 15. The report covers the period beginning January 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through March 31 [June 30].

(c) The second report shall be filed not later than July [January] 15. The report covers the period beginning April [July] 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through June 30 [December 31].

(d) The third report shall be filed not later than October 15. The report covers the period beginning July 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through September 30.

(e) The fourth report shall be filed not later than January 15. The report covers the period beginning October 1, the day the committee's campaign treasurer appointment is filed, or the first day after the period covered by the last report required to be filed under this subchapter, as applicable, and continuing through December 31.

SECTION 10. Section 254.184(b), Election Code, is amended to read as follows:

(b) A candidate or committee filing under this subchapter is not required to file any reports of political contributions and political expenditures other than the quarterly [semiannual] reports required to be filed not later than April 15, July 15, October 15, and January 15.

SECTION 11. Section 254.0401(f), Election Code, is repealed.

SECTION 12. This Act takes effect January 1, 2016.