Texas 2009 - 81st Regular

Texas House Bill HB105 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R24 ESH-F
2	2	By: Strama H.B. No. 105
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limits on political contributions and expenditures in
8	8	connection with certain legislative and executive offices;
9	9	providing civil and criminal penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 253, Election Code, is amended by adding
12	12	Subchapter H to read as follows:
13	13	SUBCHAPTER H. TEXAS CAMPAIGN FAIRNESS ACT
14	14	Sec. 253.251. APPLICABILITY OF SUBCHAPTER. This subchapter
15	15	applies only to a political contribution or political expenditure
16	16	in connection with:
17	17	(1) a statewide office in the executive branch;
18	18	(2) the office of state senator;
19	19	(3) the office of state representative; or
20	20	(4) the office of member, State Board of Education.
21	21	Sec. 253.252. DEFINITIONS. In this subchapter:
22	22	(1) "Complying candidate" or "complying officeholder"
23	23	means a candidate who files a declaration of compliance under
24	24	Section 253.257(a)(1).
25	25	(2) "Election cycle" means the period beginning on
26	26	January 1 of an odd-numbered year and ending on December 31 of the
27	27	following even-numbered year.
28	28	(3) "Noncomplying candidate" means a candidate who:
29	29	(A) files a declaration of intent to exceed the
30	30	limit on expenditures or the use of personal funds under Section
31	31	253.257(a)(2);
32	32	(B) files a declaration of compliance under
33	33	Section 253.257(a)(1) but later exceeds the limit on expenditures
34	34	or the use of personal funds;
35	35	(C) fails to file a declaration of compliance
36	36	under Section 253.257(a)(1) or a declaration of intent under
37	37	Section 253.257(a)(2); or
38	38	(D) violates Section 253.266 or 253.267.
39	39	Sec. 253.253. CONTRIBUTION LIMITS. (a) A candidate or
40	40	officeholder may not, except as provided by Subsection (c),
41	41	knowingly accept political contributions from a person that in the
42	42	aggregate exceed the limits prescribed by Subsection (b) in an
43	43	election cycle.
44	44	(b) The contribution limits are:
45	45	(1) for a statewide office, $2,000;
46	46	(2) for the office of state senator, $1,000;
47	47	(3) for the office of state representative, $500; or
48	48	(4) for the office of member, State Board of
49	49	Education, $1,500.
50	50	(c) If a candidate has an opponent in the primary election,
51	51	the limits prescribed by Subsection (b) are doubled, except that a
52	52	person may not make political contributions that in the aggregate
53	53	exceed the applicable limit prescribed by Subsection (b):
54	54	(1) during the period beginning on the first day of the
55	55	election cycle and ending on the day of the primary election; or
56	56	(2) during the period beginning on the day after the
57	57	day of the primary election and ending on the last day of the
58	58	election cycle.
59	59	(d) This section does not apply to a political contribution
60	60	made by an out-of-state political committee.
61	61	(e) Notwithstanding Section 254.034, a person who receives
62	62	a political contribution that violates Subsection (a) shall return
63	63	the contribution to the contributor not later than the later of:
64	64	(1) the last day of the reporting period in which the
65	65	contribution is received; or
66	66	(2) the fifth day after the date the contribution is
67	67	received.
68	68	(f) A person who violates this section is liable for a civil
69	69	penalty not to exceed three times the amount of the political
70	70	contributions accepted in violation of this section.
71	71	Sec. 253.254. CONTRIBUTION BY CHILD CONSIDERED TO BE
72	72	CONTRIBUTION BY INDIVIDUAL. (a) For purposes of Section 253.253,
73	73	a contribution by the child of an individual is considered to be a
74	74	contribution by the individual.
75	75	(b) In this section, "child" means a person under 18 years
76	76	of age who is not and has not been married or who has not had the
77	77	disabilities of minority removed for general purposes.
78	78	Sec. 253.255. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL
79	79	FUNDS AND PAYMENTS ON CERTAIN LOANS. (a) A noncomplying
80	80	candidate or officeholder who makes political expenditures from the
81	81	person's personal funds may not reimburse the personal funds from
82	82	political contributions in amounts that in the aggregate exceed
83	83	$50,000 in an election cycle.
84	84	(b) A candidate or officeholder who accepts one or more
85	85	political contributions in the form of loans, including an
86	86	extension of credit or a guarantee of a loan or extension of credit,
87	87	from one or more persons related to the candidate or officeholder
88	88	within the second degree by consanguinity, as determined under
89	89	Subchapter B, Chapter 573, Government Code, may not use political
90	90	contributions to repay the loans.
91	91	(c) A person who is both a candidate and an officeholder may
92	92	reimburse the person's personal funds only in one capacity.
93	93	(d) This section does not apply to a candidate for or holder
94	94	of a statewide office.
95	95	(e) A person who violates this section is liable for a civil
96	96	penalty not to exceed three times the amount by which the
97	97	reimbursement made in violation of this section exceeds the
98	98	applicable limit prescribed by Subsection (a).
99	99	Sec. 253.256. NOTICE REQUIRED FOR CERTAIN POLITICAL
100	100	EXPENDITURES. (a) A person other than a candidate, an
101	101	officeholder, or the principal political committee of the state
102	102	executive committee or a county executive committee of a political
103	103	party may not make political expenditures that in the aggregate
104	104	exceed the applicable limits prescribed by Section 253.263 for the
105	105	purpose of supporting or opposing a candidate or assisting a
106	106	candidate as an officeholder unless the person files with the
107	107	commission a written declaration of the person's intent to make
108	108	expenditures that exceed the limit prescribed by Section 253.263.
109	109	(b) A declaration under Subsection (a) must be filed not
110	110	later than the earlier of:
111	111	(1) the date the person makes the political
112	112	expenditure that causes the person to exceed the limit prescribed
113	113	by Section 253.263; or
114	114	(2) the 60th day before the date of the election in
115	115	connection with which the political expenditures are intended to be
116	116	made.
117	117	(c) The commission shall file a declaration received under
118	118	Subsection (a) with the records of each candidate or officeholder
119	119	on whose behalf the person filing the declaration intends to make
120	120	political expenditures. If the person intends to make only
121	121	political expenditures opposing a candidate, the commission shall
122	122	file the declaration with the records of each candidate for the
123	123	office.
124	124	(d) An expenditure made by a political committee or other
125	125	association that consists only of costs incurred in contacting the
126	126	committee's or association's membership may be made without the
127	127	declaration required by Subsection (a).
128	128	(e) For purposes of this section, a person who makes a
129	129	political expenditure benefiting more than one candidate or
130	130	officeholder shall, in accordance with commission rule, allocate a
131	131	portion of the expenditure to each candidate or officeholder whom
132	132	the expenditure benefits in proportion to the benefit received by
133	133	that candidate or officeholder. For purposes of this subsection:
134	134	(1) a political expenditure for supporting candidates
135	135	or assisting officeholders benefits each candidate or officeholder
136	136	supported or assisted; and
137	137	(2) a political expenditure for opposing a candidate
138	138	benefits each opponent of the candidate.
139	139	(f) A person who violates this section is liable for a civil
140	140	penalty not to exceed three times the amount of the political
141	141	expenditures made in violation of this section.
142	142	Sec. 253.257. VOLUNTARY COMPLIANCE. (a) When a person
143	143	becomes a candidate for office, the person shall file with the
144	144	commission:
145	145	(1) a sworn declaration of compliance stating that the
146	146	person voluntarily agrees to comply with the applicable limits on
147	147	expenditures and the use of personal funds prescribed by this
148	148	subchapter; or
149	149	(2) a written declaration of the person's intent to
150	150	make expenditures that exceed the applicable limit prescribed by
151	151	this subchapter or use of personal funds in an amount exceeding the
152	152	limit prescribed by this subchapter.
153	153	(b) The limits on contributions prescribed by this
154	154	subchapter apply to complying candidates unless suspended as
155	155	provided by Section 253.258 or 253.263. The limits on
156	156	contributions and on reimbursement of personal funds prescribed by
157	157	this subchapter apply to noncomplying candidates regardless of
158	158	whether the limits on contributions, expenditures, and the use of
159	159	personal funds are suspended for complying candidates.
160	160	(c) A candidate may not knowingly accept a campaign
161	161	contribution or make or authorize a campaign expenditure before the
162	162	candidate files a declaration under Subsection (a).
163	163	(d) A person who violates Subsection (c) is liable for a
164	164	civil penalty not to exceed three times the amount of the political
165	165	contributions or political expenditures made in violation of this
166	166	section.
167	167	Sec. 253.258. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
168	168	complying candidate or a specific-purpose committee for supporting
169	169	a complying candidate is not required to comply with the applicable
170	170	limits on contributions, expenditures, and the use of personal
171	171	funds prescribed by this subchapter if another person becomes a
172	172	candidate for the same office and:
173	173	(1) files a declaration of intent to exceed the
174	174	applicable limit on expenditures under Section 253.257(a)(2);
175	175	(2) fails to file a declaration of compliance under
176	176	Section 253.257(a)(1) or a declaration of intent under Section
177	177	253.257(a)(2);
178	178	(3) files a declaration of compliance under Section
179	179	253.257(a)(1) but later exceeds the applicable limit on
180	180	expenditures or the use of personal funds; or
181	181	(4) violates Section 253.266 or 253.267.
182	182	(b) The executive director of the commission shall issue an
183	183	order suspending the limits on contributions, expenditures, and the
184	184	use of personal funds for a specific office not later than the fifth
185	185	day after the date the executive director determines that:
186	186	(1) a person has become a candidate for that office
187	187	and:
188	188	(A) has filed a declaration of intent to exceed
189	189	the applicable limits on expenditures and the use of personal funds
190	190	under Section 253.257(a)(2); or
191	191	(B) has failed to file a declaration of
192	192	compliance under Section 253.257(a)(1) or a declaration of intent
193	193	under Section 253.257(a)(2);
194	194	(2) a complying candidate for that office has exceeded
195	195	the applicable limit on expenditures or the use of personal funds
196	196	prescribed by this subchapter; or
197	197	(3) a candidate for that office has violated Section
198	198	253.266 or 253.267.
199	199	Sec. 253.259. BENEFIT TO COMPLYING CANDIDATE. (a) A
200	200	complying candidate is entitled to state on political advertising
201	201	as provided by Section 255.009 that the candidate complies with the
202	202	Texas Campaign Fairness Act, regardless of whether the limits on
203	203	contributions, expenditures, and the use of personal funds are
204	204	later suspended.
205	205	(b) A noncomplying candidate is not entitled to the benefit
206	206	provided by this section.
207	207	Sec. 253.260. EXPENDITURE LIMITS. (a) In each election
208	208	cycle, a complying candidate may not knowingly make or authorize
209	209	political expenditures that in the aggregate exceed:
210	210	(1) for a statewide office, $5 million;
211	211	(2) for the office of state senator, $1 million;
212	212	(3) for the office of state representative, $500,000;
213	213	or
214	214	(4) for the office of member, State Board of
215	215	Education, $1 million.
216	216	(b) A person who violates this section is liable for a civil
217	217	penalty not to exceed three times the amount by which the political
218	218	expenditures made in violation of this section exceed the
219	219	applicable limit prescribed by Subsection (a).
220	220	Sec. 253.261. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
221	221	EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.260,
222	222	an expenditure by a specific-purpose committee for the purpose of
223	223	supporting a candidate, opposing the candidate's opponent, or
224	224	assisting the candidate as an officeholder is considered to be an
225	225	expenditure by the candidate unless the candidate, in an affidavit
226	226	filed with the commission, states that the candidate's campaign,
227	227	including the candidate, an aide to the candidate, a campaign
228	228	officer, or a campaign consultant of the candidate, has not
229	229	directly or indirectly communicated with the committee in regard to
230	230	a strategic matter, including polling data, advertising, or voter
231	231	demographics, in connection with the candidate's campaign.
232	232	(b) This section applies only to an expenditure of which the
233	233	candidate or officeholder has notice.
234	234	(c) An affidavit under this section shall be filed with the
235	235	next report the candidate or officeholder is required to file under
236	236	Chapter 254 following the receipt of notice of the expenditure.
237	237	Sec. 253.262. LIMITS ON USE OF PERSONAL FUNDS. (a) In each
238	238	election cycle, a complying candidate may not knowingly make or
239	239	authorize political expenditures from the candidate's personal
240	240	funds that in the aggregate exceed:
241	241	(1) for a statewide office, $100,000; or
242	242	(2) for an office other than a statewide office,
243	243	$50,000.
244	244	(b) A person who violates this section is liable for a civil
245	245	penalty not to exceed three times the amount by which the political
246	246	expenditures made in violation of this section exceed the
247	247	applicable limit prescribed by Subsection (a).
248	248	Sec. 253.263. EFFECT OF CERTAIN POLITICAL EXPENDITURES. (a)
249	249	A complying candidate or a specific-purpose committee for
250	250	supporting a complying candidate is not required to comply with the
251	251	applicable limits on contributions, expenditures, and the use of
252	252	personal funds prescribed by this subchapter if a person makes
253	253	political expenditures supporting the candidate's opponent,
254	254	assisting the candidate's opponent as an officeholder, or opposing
255	255	the candidate that in the aggregate exceed the following amounts:
256	256	(1) for a statewide office, $100,000;
257	257	(2) for the office of state senator, $50,000;
258	258	(3) for the office of state representative, $25,000;
259	259	or
260	260	(4) for the office of member, State Board of
261	261	Education, $50,000.
262	262	(b) The executive director of the commission shall issue an
263	263	order suspending the limits on contributions, expenditures, and the
264	264	use of personal funds for a specific office not later than the fifth
265	265	day after the date the executive director determines that:
266	266	(1) a declaration of intent to make expenditures that
267	267	exceed the limit prescribed by Subsection (a) is filed in
268	268	connection with the office as provided by Section 253.256; or
269	269	(2) a political expenditure that exceeds the limit
270	270	prescribed by Subsection (a) has been made.
271	271	(c) The limits prescribed by Subsection (a) do not apply to:
272	272	(1) an expenditure made by the complying candidate's
273	273	opponent;
274	274	(2) an expenditure made by the principal political
275	275	committee of the state executive committee or a county executive
276	276	committee of a political party; or
277	277	(3) an expenditure made by a political committee or
278	278	other association that consists only of costs incurred in
279	279	contacting the committee's or association's membership.
280	280	Sec. 253.264. CONTRIBUTION FROM OR DIRECT CAMPAIGN
281	281	EXPENDITURE BY POLITICAL PARTY. (a) Except as provided by
282	282	Subsection (b), a political contribution to or a direct campaign
283	283	expenditure on behalf of a complying candidate that is made by the
284	284	principal political committee of the state executive committee or a
285	285	county executive committee of a political party is considered to be
286	286	a political expenditure by the candidate for purposes of the
287	287	expenditure limits prescribed by Section 253.260.
288	288	(b) Subsection (a) does not apply to a political expenditure
289	289	for a generic get-out-the-vote campaign or for a written list of two
290	290	or more candidates that:
291	291	(1) identifies the party's candidates by name and
292	292	office sought, office held, or photograph;
293	293	(2) does not include any reference to the political
294	294	philosophy or positions on issues of the party's candidates; and
295	295	(3) is not broadcast, cablecast, published in a
296	296	newspaper or magazine, or placed on a billboard.
297	297	Sec. 253.265. RESTRICTION ON EXCEEDING EXPENDITURE
298	298	LIMITS. (a) A candidate who files a declaration of compliance
299	299	under Section 253.257(a)(1) and who later files a declaration of
300	300	intent to exceed the applicable limits on expenditures and the use
301	301	of personal funds under Section 253.257(a)(2) or a specific-purpose
302	302	committee for supporting such a candidate may not make a political
303	303	expenditure that causes the person to exceed the applicable limit
304	304	on expenditures prescribed by Section 253.260 before the 60th day
305	305	after the date the candidate files the declaration of intent to
306	306	exceed the limits on expenditures and the use of personal funds.
307	307	(b) A person who violates this section is liable for a civil
308	308	penalty not to exceed three times the amount of political
309	309	expenditures made in violation of this section.
310	310	Sec. 253.266. AGREEMENT TO EVADE LIMITS PROHIBITED. (a) A
311	311	complying candidate may not:
312	312	(1) solicit a person to campaign as a noncomplying
313	313	candidate opposing the complying candidate; or
314	314	(2) enter into an agreement under which a person
315	315	campaigns as a noncomplying candidate opposing the complying
316	316	candidate.
317	317	(b) A candidate who violates this section is considered to
318	318	be a noncomplying candidate.
319	319	Sec. 253.267. MISREPRESENTATION OF OPPONENT'S COMPLIANCE
320	320	WITH OR VIOLATION OF SUBCHAPTER PROHIBITED. (a) A candidate may
321	321	not knowingly misrepresent that an opponent of the candidate:
322	322	(1) is a noncomplying candidate; or
323	323	(2) has violated this subchapter.
324	324	(b) A candidate who violates this section is considered to
325	325	be a noncomplying candidate.
326	326	Sec. 253.268. CIVIL PENALTY. (a) The commission may
327	327	impose a civil penalty under this subchapter against a person as
328	328	provided by Subchapter E, Chapter 571, Government Code.
329	329	(b) The commission shall base the amount of the penalty on:
330	330	(1) the seriousness of the violation;
331	331	(2) the history of previous violations;
332	332	(3) the amount necessary to deter future violations;
333	333	and
334	334	(4) any other matter that justice may require.
335	335	(c) A penalty paid under this subchapter shall be deposited
336	336	in the general revenue fund to the credit of the commission. The
337	337	commission may use amounts representing penalties paid under this
338	338	subchapter only for purposes of enforcing this subchapter.
339	339	SECTION 2. Chapter 255, Election Code, is amended by adding
340	340	Section 255.009 to read as follows:
341	341	Sec. 255.009. DISCLOSURE ON POLITICAL ADVERTISING FOR
342	342	LEGISLATIVE OR EXECUTIVE OFFICE. (a) This section applies only
343	343	to a candidate or political committee covered by Subchapter H,
344	344	Chapter 253.
345	345	(b) Political advertising by a candidate who files a
346	346	declaration of intent to comply with the applicable limits on
347	347	expenditures and the use of personal funds under Subchapter H,
348	348	Chapter 253, or a specific-purpose committee for supporting such a
349	349	candidate may include the following statement: "Political
350	350	advertising paid for by (name of candidate or committee) in
351	351	compliance with the voluntary limits of the Texas Campaign Fairness
352	352	Act."
353	353	(c) Political advertising by a candidate who files a
354	354	declaration of intent to comply with the applicable limits on
355	355	expenditures and the use of personal funds under Subchapter H,
356	356	Chapter 253, or a specific-purpose committee for supporting such a
357	357	candidate that does not contain the statement prescribed by
358	358	Subsection (b) must comply with Section 255.001.
359	359	(d) Political advertising by a candidate who files a
360	360	declaration of intent to exceed the applicable limits on
361	361	expenditures and the use of personal funds under Subchapter H,
362	362	Chapter 253, or a specific-purpose committee for supporting such a
363	363	candidate must include the following statement: "Political
364	364	advertising paid for by (name of candidate or committee), (who or
365	365	which) has rejected the voluntary limits of the Texas Campaign
366	366	Fairness Act."
367	367	(e) The commission shall adopt rules providing for:
368	368	(1) the minimum size of the disclosure required by
369	369	this section in political advertising that appears on television or
370	370	in writing; and
371	371	(2) the minimum duration of the disclosure required by
372	372	this section in political advertising that appears on television or
373	373	radio.
374	374	(f) A person who violates this section or a rule adopted
375	375	under this section is liable for a civil penalty not to exceed:
376	376	(1) $15,000, for a candidate for a statewide office or
377	377	a specific-purpose committee for supporting such a candidate;
378	378	(2) $10,000, for a candidate for the office of state
379	379	senator or a specific-purpose committee for supporting such a
380	380	candidate;
381	381	(3) $5,000, for a candidate for the office of state
382	382	representative or a specific-purpose committee for supporting such
383	383	a candidate; or
384	384	(4) $10,000, for a candidate for the office of member,
385	385	State Board of Education, or a specific-purpose committee for
386	386	supporting such a candidate.
387	387	(g) Section 253.268 applies to the imposition and
388	388	disposition of a civil penalty under this section.
389	389	SECTION 3. Subchapter H, Chapter 253, Election Code, as
390	390	added by this Act, applies only to a political contribution
391	391	accepted or political expenditure made on or after the effective
392	392	date of this Act. A political contribution accepted or political
393	393	expenditure made before the effective date of this Act is governed
394	394	by the law in effect on the date the contribution was accepted or
395	395	the expenditure was made and is not aggregated with political
396	396	contributions accepted or political expenditures made on or after
397	397	the effective date of this Act.
398	398	SECTION 4. Sections 253.256, 253.257, 253.258, 253.259,
399	399	253.260, 253.261, 253.262, 253.263, 253.264, 253.265, 253.266, and
400	400	253.267, Election Code, as added by this Act, are not severable, and
401	401	none would have been enacted without the others. If any one of those
402	402	provisions is held invalid, each of those provisions is invalid.
403	403	SECTION 5. This Act takes effect immediately if it receives
404	404	a vote of two-thirds of all the members elected to each house, as
405	405	provided by Section 39, Article III, Texas Constitution. If this
406	406	Act does not receive the vote necessary for immediate effect, this
407	407	Act takes effect September 1, 2009.