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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the name of a general-purpose political |
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committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 252.0011(a), (b), and (c), Election |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (b) or (c), a person is |
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ineligible for appointment as a campaign treasurer if: |
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(1) the person is the campaign treasurer of a |
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political committee that does not file a report required by Chapter |
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254; or |
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(2) the campaign treasurer appointment of the person |
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was terminated under Section 252.0131(a) for violating Section |
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252.003(e). |
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(b) The period for which a person is ineligible under |
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Subsection (a)(1) [(a)] for appointment as a campaign treasurer |
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ends on the date on which the political committee in connection with |
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which the person's ineligibility arose has filed each report |
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required by Chapter 254 that was not timely filed or has paid all |
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fines and penalties in connection with the failure to file the |
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report. The period for which a person is ineligible under |
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Subsection (a)(2) for appointment as a campaign treasurer ends on |
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the fourth anniversary of the date the person's campaign treasurer |
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appointment was terminated under Section 252.0131(a) for violating |
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Section 252.003(e). |
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(c) A person is not ineligible for appointment as a campaign |
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treasurer under Subsection (a)(1) [(a) does not apply to a person] |
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if, in any semiannual reporting period prescribed by Chapter 254: |
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(1) the political committee in connection with which |
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the person's ineligibility arose did not accept political |
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contributions that in the aggregate exceed $5,000 or make political |
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expenditures that in the aggregate exceed $5,000; and |
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(2) the candidate who or political committee that |
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subsequently appoints the person does not accept political |
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contributions that in the aggregate exceed $5,000 or make political |
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expenditures that in the aggregate exceed $5,000. |
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SECTION 2. The heading to Section 252.003, Election Code, |
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is amended to read as follows: |
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Sec. 252.003. CONTENTS OF APPOINTMENT BY GENERAL-PURPOSE |
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COMMITTEE; COMMITTEE NAME. |
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SECTION 3. Section 252.003, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The name of a general-purpose committee may not contain |
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the name of a political party without providing on every |
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publication disseminated by the committee a disclaimer that the |
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committee is not affiliated in any way with the party in text not |
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smaller than half the size of the text in which the name of the |
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committee appears. The commission shall determine whether the name |
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of a general-purpose committee is in violation of this prohibition |
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and shall immediately notify the campaign treasurer of the |
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offending committee of that determination. |
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SECTION 4. Section 252.0131(a), Election Code, is amended |
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to read as follows: |
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(a) The commission by rule shall adopt a process by which |
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the commission may terminate the campaign treasurer appointment of |
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an inactive candidate or political committee that is required to |
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file a campaign treasurer appointment with the commission and by |
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which the commission shall terminate the campaign treasurer |
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appointment of a general-purpose committee that violates Section |
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252.003(e). The governing body of a political subdivision by |
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ordinance or order may adopt a process by which the clerk or |
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secretary, as applicable, of the political subdivision may |
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terminate the campaign treasurer appointment of an inactive |
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candidate or political committee that is required to file a |
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campaign treasurer appointment with the clerk or secretary. For |
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purposes of this section, a candidate or political committee is |
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inactive if the candidate or committee: |
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(1) has never filed or has ceased to file reports under |
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Chapter 254; |
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(2) in the case of a candidate, has not been elected to |
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an office for which a candidate is required to file a campaign |
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treasurer appointment with the authority who is seeking to |
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terminate the candidate's campaign treasurer appointment; and |
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(3) has not filed: |
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(A) a final report under Section 254.065 or |
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254.125; or |
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(B) a dissolution report under Section 254.126 or |
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254.159. |
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SECTION 5. Not later than January 1, 2018, the Texas Ethics |
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Commission shall determine whether the name of a general-purpose |
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political committee that filed a campaign treasurer appointment |
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before September 1, 2017, violates Section 252.003(e), Election |
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Code, as added by this Act, and shall notify the campaign treasurer |
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of the political committee of that determination. |
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SECTION 6. This Act takes effect September 1, 2017. |