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A BILL TO BE ENTITLED
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AN ACT
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relating to limits on political contributions to certain candidates |
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and officeholders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 253, Election Code, is |
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amended by adding Section 253.044 to read as follows: |
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Sec. 253.044. LIMITATIONS ON CONTRIBUTIONS. (a) In this |
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section: |
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(1) "Committee" includes: |
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(A) a general-purpose committee; |
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(B) a specific-purpose committee that supports a |
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candidate or assists an officeholder; |
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(C) a political committee; and |
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(D) any other committee that accepts politi |
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cal |
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contributions, if a candidate or officeholder has significant |
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influence over the actions or decisions of the committee. |
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(2) "Significant influence" means a level of |
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involvement in a committee or a noncommercial entity by a candidate |
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or officeholder, or an agent of a candidate or officeholder, and |
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includes: |
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(A) the use of the candidate's or officeholder's |
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name or office in the name of the entity; or |
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(B) the candidate or officeholder: |
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(i) attending meetings of the entity that |
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are not open to the public; |
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(ii) sitting as a member of the committee or |
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on the entity's board of directors; |
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(iii) participating in any joint acts with |
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the entity; |
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(iv) directing, approving, or disapproving |
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any expenditure made by the entity; or |
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(v) participating substantially in the |
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entity's fund-raising projects. |
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(b) A person, candidate, officeholder, or committee may not |
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make political contributions to any officeholder, candidate, or |
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committee that supports the candidate or officeholder that in the |
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aggregate per calendar year exceed $5,000 for: |
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(1) a candidate for or officeholder who holds a |
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statewide office; and |
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(2) a candidate for, or member of, the legislature. |
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(c) The contribution limit described by Subsection (b) |
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applies to any expenditures by a person, committee, or other entity |
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in the same manner as the limit applies to a candidate or |
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officeholder if the expenditure by the person, committee, or entity |
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is coordinated with a candidate or officeholder. |
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(d) The commission shall make a determination as to whether |
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a person, committee, or other entity coordinated with a candidate |
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or officeholder for the purposes of this section. Coordination |
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with a candidate or officeholder shall be presumed if: |
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(1) the candidate or officeholder engages in |
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fund-raising for the person or entity; |
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(2) the candidate or officeholder has family members |
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or high-level staff who are employed by the person, committee, or |
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entity; |
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(3) the candidate or officeholder provided campaign |
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information to the person, committee, or entity, and the person, |
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committee, or entity made expenditures based on that information; |
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(4) the candidate or officeholder and the person, |
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committee, or entity employ the same consultants; or |
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(5) the person, committee, or entity republishes or |
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redistributes the candidate's or officeholder's campaign |
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communications. |
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SECTION 2. The changes in law made by this Act apply only to |
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a political contribution or expenditure made on or after the |
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effective date of this Act. A political contribution or |
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expenditure made before the effective date of this Act is governed |
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by the law in effect at the time the contribution or expenditure was |
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made, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |