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