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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 and expenditures by |
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certain candidates 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 Sections 253.044 and 253.045 to read as follows: |
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Sec. 253.044. LIMITATIONS ON CONTRIBUTIONS AND PAYMENTS. |
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(a) In this 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 political |
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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 or payments to any officeholder, |
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candidate, or committee that supports the candidate or officeholder |
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that in the aggregate per election exceed: |
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(1) $7,000 for a gubernatorial candidate or the |
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governor; |
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(2) except as provided by Subdivision (1), $5,500 for |
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a candidate for statewide office or a state officer; |
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(3) $4,000 for a candidate for senate or a senator; and |
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(4) $2,700 for a candidate for, or member of, the house |
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of representatives. |
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(c) A person, candidate, officeholder, or committee may not |
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make political contributions or payments to a candidate, political |
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committee, or joint fund-raising committee that is not affiliated |
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with a candidate that in the aggregate exceed $30,000 per year. |
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(d) A person, candidate, officeholder, or committee may not |
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make political contributions or payments to a political party or an |
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entity directly affiliated with a political party that in the |
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aggregate per election exceed $50,000. |
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(e) A political party, including a subdivision of the |
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political party and a joint fund-raising committee affiliated with |
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the political party, may not make political contributions or |
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payments, including loans, transfers, or reimbursements of funds, |
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to any candidate, officeholder, or committee that supports the |
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candidate or officeholder that in the aggregate per election exceed |
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$30,000. |
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(f) A person, candidate, officeholder, committee, or other |
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entity may not make contributions or payments to a multi-candidate |
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political committee or a joint fund-raising committee that is not |
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affiliated with a political party that in the aggregate exceed |
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$30,000 per year. |
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(g) A candidate for a statewide or legislative office or any |
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specific-purpose committee that supports such a candidate may |
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accept political contributions only during the period beginning 17 |
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months before the relevant general election and ending 30 days |
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after the relevant general election. |
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(h) The limits established by this section do not apply to |
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fund-raising by a candidate or officeholder on behalf of a charity |
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or a foundation, provided that: |
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(1) the candidate or officeholder does not receive any |
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benefit from the charity or foundation; and |
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(2) the name or office of the candidate or |
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officeholder is not used by the charity or foundation. |
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(i) The contribution limits described by Subsections (b), |
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(c), (d), (e), and (f) apply to any expenditures by a person, |
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committee, or other entity in the same manner as the limits apply to |
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a candidate or officeholder if the expenditure by the person, |
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committee, or entity is coordinated with a candidate or |
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officeholder. |
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(j) 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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(k) The commission shall adjust the contribution and |
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payment limits established by Subsections (b), (c), (d), (e), and |
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(f) for inflation in the manner provided by 52 U.S.C. Section |
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30116(c). |
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(l) Section 253.133 applies to a person who makes or accepts |
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a political contribution, payment, gift, or expenditure in |
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violation of the limits under this section. Sections 253.003, |
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253.004, and 253.005 do not apply to a political contribution, |
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payment, gift, or expenditure made or accepted in violation of this |
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section. |
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Sec. 253.045. CONTRIBUTIONS AT POLITICAL FUND-RAISING |
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EVENTS. (a) Section 253.044 does not prohibit a person from |
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hosting or co-hosting a fund-raising event that has a political |
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purpose, collecting political contributions or payments that are |
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within the limits established by Section 253.044 from persons |
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attending the event, and presenting the collected contributions or |
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payments to a candidate, officeholder, or committee. |
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(b) Contributions and payments collected at a fund-raising |
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event under Subsection (a) shall be attributed in the aggregate to |
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each host or co-host of the event for the purposes of Section |
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253.044. |
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(c) The host or co-host of the fund-raising event must also |
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compile a list of political contributions or payments made at the |
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event and submit the list, with the following information, to the |
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commission: |
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(1) the name, address, occupation, and employer of |
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each person who attended the fund-raising event and who made a |
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political contribution or payment; |
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(2) the date the fund-raising event occurred; |
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(3) the total amount of money raised at the |
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fund-raising event; |
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(4) the name of any candidate or officeholder for whom |
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political contributions or payments were collected at the event; |
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(5) the amount collected per election for each |
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candidate or officeholder at the event; and |
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(6) any other information required by the commission. |
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(d) Section 253.133 applies to a person who makes or accepts |
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a political contribution, payment, gift, or expenditure in |
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violation of this section. Sections 253.003, 253.004, and 253.005 |
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do not apply to a political contribution, payment, gift, or |
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expenditure made or accepted in violation of this section. |
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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. |