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A BILL TO BE ENTITLED
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AN ACT
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relating to limits on certain political contributions; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 253.003(c), Election Code, is amended to |
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read as follows: |
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(c) This section does not apply to a political contribution |
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made or accepted in violation of Subchapter C or F. |
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SECTION 2. Section 253.004(b), Election Code, is amended to |
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read as follows: |
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(b) This section does not apply to a political expenditure |
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made or authorized in violation of Subchapter C or F. |
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SECTION 3. Section 253.005(b), Election Code, is amended to |
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read as follows: |
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(b) This section does not apply to a political expenditure |
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that is: |
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(1) prohibited by Section 253.101; or |
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(2) made from a political contribution made in |
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violation of Subchapter C or F. |
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SECTION 4. Chapter 253, Election Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. CERTAIN CONTRIBUTION LIMITS |
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Sec. 253.051. CONTRIBUTION LIMITS FOR INDIVIDUALS AND |
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CERTAIN POLITICAL COMMITTEES. (a) An individual may not make |
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campaign contributions to a candidate or specific-purpose |
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committee for supporting the candidate in a primary, general, or |
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special election that exceed: |
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(1) $7,000 for each candidate for governor; |
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(2) $5,500 for each candidate for a statewide office |
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other than governor; |
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(3) $4,000 for each candidate for the senate; and |
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(4) $2,700 for each candidate for the house of |
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representatives. |
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(b) A general-purpose committee may not make political |
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contributions to a candidate, officeholder, or specific-purpose |
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committee for supporting or assisting the candidate or officeholder |
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that exceed $30,000 per year for each candidate or officeholder. |
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Sec. 253.052. CERTAIN POLITICAL EXPENDITURES INCLUDED IN |
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CONTRIBUTION LIMITS. (a) A political expenditure made by an |
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individual or general-purpose committee in coordination with a |
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candidate or officeholder is a political contribution in support of |
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that candidate or officeholder for purposes of Section 253.051. |
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(b) For purposes of Subsection (a), a political expenditure |
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is in coordination with a candidate or officeholder if: |
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(1) the candidate or officeholder engages in |
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fund-raising for the individual or committee making the |
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expenditure; |
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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 individual or committee |
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making the expenditure; |
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(3) the expenditure was based on information about the |
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candidate's or officeholder's plans or needs provided to the |
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individual or committee by the candidate or officeholder; |
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(4) the candidate or officeholder and the individual |
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or committee employ one or more of the same consultants; or |
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(5) the individual or committee republishes or |
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redistributes the candidate's or officeholder's campaign |
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communications. |
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(c) The commission shall adopt rules to implement this |
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section. |
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Sec. 253.053. NONPROFIT FUND-RAISING NOT INCLUDED IN |
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CONTRIBUTION LIMITS. The limits established by Section 253.051 do |
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not apply to fund-raising by a candidate or officeholder on behalf |
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of a nonprofit charitable organization, provided that: |
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(1) the candidate or officeholder does not receive any |
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benefit from the organization; and |
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(2) the name or office of the candidate or |
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officeholder is not used by the organization. |
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Sec. 253.054. CONTRIBUTIONS AT POLITICAL FUND-RAISING |
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EVENTS. (a) This section applies only to a fund-raising event |
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intended to benefit a candidate, officeholder, or specific-purpose |
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committee for supporting or assisting the candidate or officeholder |
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and that is hosted by a person other than the candidate, |
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officeholder, or committee. |
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(b) A person who collects contributions at a fund-raising |
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event to which this section applies shall report to the commission: |
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(1) the amount of each contribution and the name, |
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address, occupation, and employer of each individual who made a |
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contribution; |
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(2) the date the fund-raising event occurred; |
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(3) the total amount of contributions collected at the |
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fund-raising event; |
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(4) the name of each candidate, officeholder, or |
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specific-purpose committee to which contributions collected at the |
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event were presented; |
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(5) the amount of contributions presented to each |
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candidate, officeholder, or specific-purpose committee after the |
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event; and |
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(6) any other information required by the commission. |
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(c) A contribution that is collected from an individual at a |
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fund-raising event to which this section applies and presented to a |
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candidate or specific-purpose committee for supporting the |
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candidate is a campaign contribution made by the individual for |
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purposes of Section 253.051(a). |
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(d) The commission shall prescribe a form for a report |
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required under this section. |
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Sec. 253.055. ADJUSTMENT FOR INFLATION. Not later than |
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December 1 of each year, the commission shall increase the |
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political contribution limits established by Section 253.051 by the |
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amount that results from applying the inflation rate, as determined |
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by the comptroller on the basis of the increase, if any, in the |
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Consumer Price Index for All Urban Consumers published by the |
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Bureau of Labor Statistics of the United States Department of |
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Labor, to the current contribution limits. The adjusted |
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contribution limits shall be effective for the calendar year |
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following the adjustment. |
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Sec. 253.056. OFFENSE: EXCESSIVE CONTRIBUTION. (a) A |
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person commits an offense if the person knowingly makes |
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contributions in violation of Section 253.051 that exceed the |
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limitations provided by that section by $2,000 or more during a |
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calendar year. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a misdemeanor punishable by: |
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(1) a fine not to exceed: |
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(A) $100,000 for an individual; or |
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(B) $200,000 for a general-purpose committee; |
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(2) confinement in jail for a term not to exceed one |
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year; or |
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(3) both the fine and confinement. |
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(c) If the contributions made in violation of Section |
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253.051 exceed the limitations provided by that section by $25,000 |
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or more during a calendar year, an offense under this section is a |
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felony punishable by: |
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(1) a fine not to exceed: |
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(A) $250,000 for an individual; or |
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(B) $500,000 for a general-purpose committee; |
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(2) imprisonment in the Texas Department of Criminal |
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Justice for any term of not more than five years; or |
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(3) both the fine and imprisonment. |
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SECTION 5. Not later than December 1, 2021, the Texas Ethics |
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Commission shall adopt rules and prescribe forms as necessary to |
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implement Subchapter C, Chapter 253, Election Code, as added by |
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this Act. |
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SECTION 6. The changes in law made by this Act apply only to |
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a contribution or expenditure made on or after the effective date of |
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this Act. A contribution or expenditure made before the effective |
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date of this Act is governed by the law in effect on the date the |
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contribution or expenditure was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect January 1, 2022. |