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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on the acceptance of political |
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contributions and the making of certain political expenditures by a |
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member of the legislature and certain political committees during |
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certain periods in which a member is absent from a legislative |
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session; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 301, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. PROHIBITED ACTIONS DURING IMPEDING ABSENCE |
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Sec. 301.101. DEFINITIONS. In this subchapter: |
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(1) "Impeding absence" means an unexcused absence by a |
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member of either house of the legislature during a legislative |
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session in which the member is at a location outside of this state |
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for purposes of impeding the actions of the member's house if: |
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(A) the member's house has: |
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(i) compelled the attendance of absent |
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members under Section 10, Article III, Texas Constitution; |
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(ii) ordered the house's sergeant-at-arms |
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to arrest absent members; and |
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(iii) issued civil warrants of arrest for |
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the absent members; |
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(B) the member has not: |
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(i) been granted a leave of absence by the |
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member's house; or |
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(ii) returned to the member's house; and |
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(C) the member: |
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(i) is not physically present in this |
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state; and |
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(ii) has indicated by word or deed that the |
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member is not present in this state. |
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(2) "Political contribution," "political |
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expenditure," and "specific-purpose committee" have the meanings |
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assigned by Section 251.001, Election Code. |
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(3) "Legislative caucus" means a legislative caucus, |
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as defined by Section 253.0341(e), Election Code, that also has a |
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principal purpose of a specific-purpose committee, as defined by |
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Section 251.001(13), Election Code. |
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Sec. 301.102. EXERCISE OF RULEMAKING POWER. This |
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subchapter is enacted by the legislature as an exercise of the |
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rulemaking power granted to each house of the legislature under |
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Sections 10 and 11, Article III, Texas Constitution. |
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Sec. 301.103. PROHIBITED ACCEPTANCE OF POLITICAL |
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CONTRIBUTIONS AND MAKING OF POLITICAL EXPENDITURES. |
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Notwithstanding any other law, a member of the legislature or a |
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specific-purpose committee or legislative caucus supporting or |
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assisting the member during an impeding absence may not knowingly: |
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(1) accept political contributions, and shall refuse |
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any political contributions received, that in the aggregate from a |
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single person exceed the per diem set by the Texas Ethics Commission |
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for each day of a regular or special legislative session under |
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Section 24a(e), Article III, Texas Constitution; or |
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(2) make a political expenditure for travel, food, or |
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lodging expenses in connection with the member's impeding absence. |
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Sec. 301.104. REQUIRED RETURN OF PROHIBITED POLITICAL |
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CONTRIBUTIONS. (a) A member of the legislature or a |
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specific-purpose committee or legislative caucus supporting or |
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assisting the member that receives and refuses a political |
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contribution or contributions in violation of this subchapter |
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during the member's impeding absence shall return the contribution |
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or contributions to the contributor not later than the fifth day |
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after the date of receipt. |
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(b) A political contribution made by United States mail or |
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by common or contract carrier is not considered received during an |
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impeding absence if the contribution was properly addressed and |
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placed with postage or carrier charges prepaid or prearranged in |
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the mail or delivered to the contract carrier before the beginning |
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of the absence. The date indicated by the post office cancellation |
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mark or the common or contract carrier documents is considered to be |
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the date the contribution was placed in the mail or delivered to the |
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common or contract carrier unless proven otherwise. |
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Sec. 301.105. CIVIL PENALTY. In accordance with the |
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procedure provided by this subchapter, a person who accepts a |
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political contribution or makes a political expenditure in |
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violation of this subchapter is subject to a civil penalty in an |
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amount not to exceed $5,000. For purposes of this section, each |
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contribution accepted and each expenditure made in violation of |
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this subchapter is a separate violation. |
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Sec. 301.106. CIVIL PENALTY: STATEMENT OF FACTS TO |
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PRESIDING OFFICER OF APPLICABLE LEGISLATIVE CHAMBER; CERTIFICATION |
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TO DISTRICT COURT. (a) If a person accepts a political |
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contribution or makes a political expenditure in violation of this |
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subchapter, a statement of facts that, if true, makes a prima facie |
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showing that a violation of this subchapter likely occurred may be |
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reported to and filed with the president of the senate or speaker of |
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the house of representatives by any member of the same house of the |
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legislature as the absent member. |
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(b) If the president of the senate or speaker of the house of |
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representatives receives a statement of facts described by |
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Subsection (a), the president or speaker shall certify the |
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statement of facts under the seal of the senate or house of |
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representatives, as appropriate, to the district court for the |
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county in which the person resided at the time of the violation. |
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The person's residence is determined in accordance with Section |
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15.002, Civil Practice and Remedies Code, except that if a person is |
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a member of the legislature, that person's residence is determined |
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based on the county in which the person claims a residence homestead |
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under Chapter 41, Property Code. |
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Sec. 301.107. CIVIL PENALTY: DISTRICT COURT DUTIES. (a) |
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The district court to which a statement of facts is certified under |
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Section 301.106(b) shall, not later than 72 hours after the court |
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receives the statement and without any intervention, pleading, or |
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motion, enter an order that: |
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(1) provides a person who is the subject of the |
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statement notice of the allegations; and |
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(2) directs the person to show cause why the conduct in |
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which the person is alleged to have engaged does not constitute a |
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violation of this subchapter. |
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(b) After a hearing at which the house of the legislature |
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that originated a statement of facts certified under Section |
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301.106(b) and the person who is the subject of the statement are |
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heard, the district court shall: |
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(1) determine whether the person accepted a political |
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contribution or made a political expenditure in violation of this |
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subchapter; and |
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(2) if the court determines that a violation occurred, |
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impose a civil penalty under Section 301.105. |
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Sec. 301.108. CIVIL PENALTY: APPEAL AND PROHIBITED |
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CONTINUANCE. (a) The Fifteenth Court of Appeals has exclusive |
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intermediate appellate jurisdiction over a matter arising out of or |
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related to a proceeding under this subchapter. |
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(b) Section 30.003, Civil Practice and Remedies Code, does |
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not apply to a proceeding under this subchapter. |
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SECTION 2. Subchapter G, Chapter 301, Government Code, as |
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added by this Act, applies only to a political contribution |
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accepted or a political expenditure made on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |
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