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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; providing a civil penalty. |
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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. (a) A candidate or an officeholder may |
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not knowingly accept, for an election in which the candidate's or |
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officeholder's name appears on the ballot, political contributions |
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that: |
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(1) are made by a person with a principal address that |
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is located outside this state; and |
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(2) in the aggregate exceed: |
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(A) $5,000 if the election is for a statewide |
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office; |
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(B) $2,500 if the election is for a district |
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office; or |
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(C) $1,000 if the election is for a county |
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office. |
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(b) A candidate or an officeholder who accepts a political |
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contribution in violation of Subsection (a) shall return the |
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contribution to the 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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(c) A political committee may not make a political |
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contribution to a candidate or an officeholder for an election in |
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which the candidate's or officeholder's name appears on the ballot |
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if, during the preceding reporting period under Chapter 254, more |
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than 50 percent of the political contributions accepted by the |
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committee were made by persons with a principal address that is |
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located outside this state. |
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(d) A person who violates this section is liable for a civil |
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penalty not to exceed three times the amount of the political |
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contributions accepted or made in violation of this section. The |
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commission may impose a civil penalty against a person under this |
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subsection only after a formal hearing is held as provided by |
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Subchapter E, Chapter 571, Government Code. |
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(e) 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. |