88R10743 CJD-D
 
  By: Schofield H.B. No. 4290
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restrictions on political contributions by
  out-of-state contributors; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 253, Election Code, is
  amended by adding Section 253.044 to read as follows:
         Sec. 253.044.  POLITICAL CONTRIBUTION LIMITS RELATED TO
  OUT-OF-STATE CONTRIBUTORS; CRIMINAL OFFENSE. (a) In this section,
  "out-of-state contributor" means:
               (1)  a person with a principal address that is located
  outside this state who makes a political contribution;
               (2)  a political committee that, during the preceding
  reporting period under Chapter 254, accepted political
  contributions from persons described by Subdivision (1) in an
  amount equal to or greater than 50 percent of the overall
  contributions accepted by the committee during that reporting
  period; and
               (3)  an out-of-state political committee.
         (b)  A candidate, an officeholder, or a political committee
  for supporting or opposing a measure may not knowingly accept, for
  an election in which the candidate's or officeholder's name or the
  measure appears on the ballot, as applicable:
               (1)  a political contribution from an out-of-state
  contributor in an amount that exceeds $1,000; or
               (2)  political contributions from multiple
  out-of-state contributors that in the aggregate exceed $10,000.
         (c)  An out-of-state contributor may not make:
               (1)  a political contribution to a candidate, an
  officeholder, or a political committee for supporting or opposing a
  measure, for an election in which the candidate's or officeholder's
  name or the measure appears on the ballot, as applicable, in an
  amount that exceeds $1,000; or
               (2)  political contributions from multiple
  out-of-state contributors that in the aggregate exceed $10,000.
         (d)  A person who accepts a political contribution in
  violation of Subsection (b) shall return the contribution to the
  out-of-state contributor not later than the later of:
               (1)  the last day of the reporting period under Chapter
  254 during which the contribution was accepted; or
               (2)  the fifth day after the date the contribution was
  accepted.
         (e)  In addition to returning the political contribution
  under Subsection (d), a person who accepts a political contribution
  in violation of Subsection (b) must:
               (1)  if the person is a candidate or officeholder,
  remit an amount equal to the contribution to each opponent of the
  candidate or officeholder in the election for which the
  contribution was made or, if the candidate or officeholder was
  unopposed in the election or the election has been held, the county
  executive committee for each opposing political party of the county
  in which the candidate or officeholder resides; or
               (2)  if the person is a political committee, remit an
  amount equal to the contribution to a political committee that
  holds the opposite position on the measure for which the
  contribution was made or, if there is no political committee that
  holds the opposite position or the election on the measure has been
  held, the county executive committee for each political party that
  held the opposite position on the measure of the county in which the
  political committee primarily operates.
         (f)  A person required to remit a political contribution
  under Subsection (e) to a county executive committee shall remit
  the contribution not later than the 30th day after the date of the
  election for which the contribution was made.
         (g)  An out-of-state contributor who makes a political
  contribution in violation of Subsection (c) or a person who fails to
  return or remit a political contribution in violation of Subsection
  (d) or (e) commits an offense. An offense under this subsection is
  a felony of the third degree.
         (h)  To the extent of a conflict between this section and
  another law, this section controls.
         (i)  The commission shall adopt rules as necessary to
  implement this section.
         SECTION 2.  Section 253.044, Election Code, as added by this
  Act, applies only to a political contribution made on or after the
  effective date of this Act. A contribution made before the
  effective date of this Act is governed by the law in effect when the
  contribution was made and is not aggregated with contributions made
  on or after that date.
         SECTION 3.  This Act takes effect September 1, 2023.