By: Darby H.B. No. 5111

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of campaign treasurer appointments and related matters and the content of and posting of information contained in a campaign treasurer appointment; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Treasurer Transparency Act.

SECTION 2. Chapter 252, Election Code, is amended by adding Section 252.0015 to read as follows:

Sec. 252.0015. CAMPAIGN TREASURER APPOINTMENT ELIGIBILITY. (a) Except as provided by Subsections (b) and (c), a person is eligible for appointment as a campaign treasurer if the person is:

(1) 18 years of age or older; and

(2) a legal resident of this state.

(b) A person is not eligible for appointment as a campaign treasurer for a candidate if:

(1) the person is currently the campaign treasurer for a political committee, other than a specific-purpose committee for supporting the candidate;

(2) the person has been convicted of an offense under Chapter 276;

(3) the commission has made a determination during the five-year period preceding the date of the person's appointment that the person violated a law within the commission's jurisdiction;

(4) the person is required to register as a lobbyist under Chapter 305, Government Code; or

(5) the person is an employee of or contracted by a political committee.

(c) A person is not eligible for appointment as a campaign treasurer for a political committee if:

(1) the person is currently the campaign treasurer for:

(A) a candidate; or

(B) a political committee that made expenditures exceeding $25,000 during the most recent reporting period under Chapter 254;

(2) the person has been convicted of an offense under Chapter 276; or

(3) the commission has made a determination during the five-year period preceding the date of the person's appointment that the person violated a law within the commission's jurisdiction.

(d) If the commission receives notice that a candidate's or political committee's campaign treasurer was ineligible under Subsection (b) or (c) at the time of the appointment or became ineligible under that subsection after the appointment, the commission shall conduct an investigation to determine whether the campaign treasurer is ineligible for appointment. If the commission determines that a campaign treasurer is ineligible for appointment, the commission shall provide notice through certified mail of that determination to the campaign treasurer and the candidate or political committee as soon as practicable after making the determination.

(e) The notice the commission provides under Subsection (d) must include:

(1) the phrase "FORMAL NOTICE OF CAMPAIGN TREASURER INELIGIBILITY";

(2) the specific violation of this section for which the campaign treasurer is ineligible for appointment;

(3) an explanation that the campaign treasurer has the opportunity to correct the violation in accordance with Subsection (f), as applicable; and

(4) notice that the campaign treasurer may be subject to a civil penalty under Subsection (g).

(f) Unless a campaign treasurer corrects or remedies a violation of this section for which the campaign treasurer is ineligible for appointment before that date, a candidate or political committee shall appoint a new campaign treasurer as provided by this chapter not later than the 14th business day after the date:

(1) the candidate or political committee becomes aware that the candidate's or political committee's campaign treasurer became ineligible under Subsection (b) or (c) after the appointment; or

(2) the candidate or political committee receives notice under Subsection (d) that the candidate's or political committee's campaign treasurer is ineligible.

(g) A candidate or political committee that violates this section is liable for a civil penalty in an amount not to exceed three times the amount of political contributions or expenditures the candidate or political committee accepted or made during the period after the candidate or political committee received notice under Subsection (d) and while the candidate or political committee was still in violation of this section.

(h) Subsections (b)(2), (3), (4), and (5) do not apply to a person who is a candidate and who appoints the person as the person's own campaign treasurer under Section 252.004.

SECTION 3. Section 252.002, Election Code, is amended to read as follows:

Sec. 252.002. CONTENTS OF APPOINTMENT. (a) A campaign treasurer appointment must be in writing and include:

(1) the campaign treasurer's name;

(1-a) the campaign treasurer's date of birth;

(2) the campaign treasurer's residence [or business street] address;

(3) the campaign treasurer's telephone number or verified e-mail address;

(3-a) the campaign treasurer's driver's license number, state identification card number, or social security number; [and]

(4) the name of the person making the appointment; and

(5) an affidavit signed by the person making the appointment that the campaign treasurer is not ineligible for appointment under Section 252.0015.

(b) A candidate or political committee that files its campaign treasurer appointment with the commission must notify the commission in writing of any change in the campaign treasurer's residence address not later than the 10th business day after the date on which the change occurs.

SECTION 4. Section 252.0031(b), Election Code, is amended to read as follows:

(b) The name of a specific-purpose committee for supporting or opposing a candidate for an office specified by Section 252.005(1) must include the name of the candidate that the committee supports or opposes.

SECTION 5. Section 252.015(c), Election Code, is amended to read as follows:

(c) Sections 252.0015, 252.011, 252.012, 252.013, and 252.014 apply to the appointment and removal of an assistant campaign treasurer.

SECTION 6. Section 254.0401, Election Code, is amended by adding Subsection (e-2) to read as follows:

(e-2) Before making a report filed under this chapter available on the Internet, the commission or authority with whom the report is filed must remove the following information:

(1) the campaign treasurer's date of birth;

(2) the campaign treasurer's residence address, other than city, state, and zip code; and

(3) the campaign treasurer's driver's license number, state identification card number, or social security number.

SECTION 7. Section 252.0011, Election Code, is repealed.

SECTION 8. (a) As soon as practicable after the effective date of this Act but not later than January 1, 2026, the Texas Ethics Commission shall adopt rules necessary to implement the changes in law made by this Act.

(b) The changes in law made by this Act to Chapter 252, Election Code, apply only to a campaign treasurer appointment made on or after January 1, 2026. A campaign treasurer appointment made before January 1, 2026, is governed by the law in effect on the date the appointment was made, and the former law is continued in effect for that purpose.

SECTION 9. (a) Notwithstanding Section 252.0015, Election Code, as added by this Act, a candidate or political committee is not subject to a civil penalty under that section until on or after May 1, 2026.

(b) If before May 1, 2026, the Texas Ethics Commission determines that a candidate's or political committee's campaign treasurer is ineligible for appointment under Section 252.0015, Election Code, as added by this Act, the commission shall provide to the candidate or political committee, as appropriate, and the campaign treasurer the notice required under that section. In addition to the contents of the notice required under Section 252.0015, Election Code, as added by this Act, the notice required by this section must include:

(1) an explanation that the candidate or political committee is not subject to a civil penalty under that section until on or after May 1, 2026; and

(2) a statement advising the candidate or political committee to correct the violation before May 1, 2026.

(c) Notice provided under Subsection (b) of this section does not constitute notice under Section 252.0015(d), Election Code, as added by this Act, for the purpose of enforcing that section.

SECTION 10. This Act takes effect September 1, 2025.