81R2270 ESH-D
By: McCall H.B. No. 1997
A BILL TO BE ENTITLED
AN ACT
relating to the making of political contributions to and acceptance
of political contributions by statewide officers and members of the
legislature before and during a special session of the legislature;
providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.034, Election Code, is amended by
adding Subsections (a-1), (b-1), and (c-1) and amending Subsections
(b) and (c) to read as follows:
(a-1) During the period beginning on the date the governor
signs the proclamation calling a special legislative session and
continuing through the date of final adjournment, a person may not
knowingly make a political contribution to:
(1) a statewide officeholder;
(2) a member of the legislature; or
(3) a specific-purpose committee for supporting,
opposing, or assisting a statewide officeholder or member of the
legislature.
(b) A statewide officeholder, a member of the legislature,
or a specific-purpose committee for supporting, opposing, or
assisting a statewide officeholder or member of the legislature may
not knowingly accept a political contribution, and shall refuse a
political contribution that is received, during the period
prescribed by Subsection (a) or (a-1). A political contribution
that is received and refused during that period shall be returned to
the contributor not later than the 30th day after the date of
receipt.
(b-1) A contribution made by mail is not considered received
during the [that] period prescribed by Subsection (a) or (a-1) if it
was placed with postage prepaid and properly addressed in the
United States mail before the beginning of the period. The date
indicated by the post office cancellation mark is considered to be
the date the contribution was placed in the mail unless proven
otherwise.
(c) Subsections (a) and (a-1) do [This section does] not
apply to a political contribution that was made and accepted with
the intent that it be used:
(1) in an election held or ordered during the period
prescribed by Subsection (a) or (a-1) in which the person accepting
the contribution is a candidate if the contribution was made after
the person appointed a campaign treasurer with the appropriate
authority and before the person was sworn in for that office; or
(2) to defray expenses incurred in connection with an
election contest.
(c-1) Subsection (a) does not apply to a political
contribution that was made and accepted with the intent that it be
used[; or
[(3)] by a person who holds a state office or a member
of the legislature if the person or member was defeated at the
general election held immediately before the session is convened or
by a specific-purpose political committee that supports or assists
only that person or member.
SECTION 2. The heading to Section 253.034, Election Code,
is amended to read as follows:
Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE,
DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION.
SECTION 3. Section 571.073, Government Code, is amended to
read as follows:
Sec. 571.073. REPORT. On or before December 31 of each
even-numbered year, the commission shall report to the governor and
legislature. The report must include:
(1) each advisory opinion issued by the commission
under Subchapter D in the preceding two years;
(2) a summary of commission activities in the
preceding two years, including:
(A) the number of sworn complaints filed with the
commission;
(B) the number of sworn complaints dismissed for
noncompliance with statutory form requirements;
(C) the number of sworn complaints dismissed for
lack of jurisdiction;
(D) the number of sworn complaints dismissed
after a finding of no credible evidence of a violation;
(E) the number of sworn complaints dismissed
after a finding of a lack of sufficient evidence to determine
whether a violation within the jurisdiction of the commission has
occurred;
(F) the number of sworn complaints resolved by
the commission through an agreed order;
(G) the number of sworn complaints in which the
commission issued an order finding a violation and the resulting
penalties, if any; and
(H) the number and amount of civil penalties
imposed for failure to timely file a statement or report, the number
and amount of those civil penalties fully paid, the number and
amount of those civil penalties partially paid, and the number and
amount of those civil penalties no part of which has been paid, for
each of the following category of statements and reports, listed
separately:
(i) financial statements required to be
filed under Chapter 572;
(ii) political contribution and
expenditure reports required to be filed under Section 254.063,
254.093, 254.123, 254.153, or 254.157, Election Code;
(iii) political contribution and
expenditure reports required to be filed under Section 254.064(b),
254.124(b), or 254.154(b), Election Code;
(iv) political contribution and
expenditure reports required to be filed under Section 254.064(c),
254.124(c), or 254.154(c), Election Code; and
(v) political contribution and expenditure
reports required to be filed under Section 254.038 or 254.039,
Election Code; and
[(vi) political contribution and
expenditure reports required to be filed under Section 254.0391,
Election Code; and]
(3) recommendations for any necessary statutory
changes.
SECTION 4. Section 254.0391, Election Code, is repealed.
SECTION 5. (a) Section 253.034, Election Code, as amended
by this Act, applies only to a political contribution made on or
after the effective date of this Act. A political contribution made
before the effective date of this Act is governed by the law in
effect on the date the contribution is made, and the former law is
continued in effect for that purpose.
(b) The repeal of Section 254.0391, Election Code, by this
Act applies only to the reporting of a political contribution
accepted on or after the effective date of this Act. The reporting
of a political contribution accepted before the effective date of
this Act is governed by the law in effect on the date the
contribution is accepted, and the former law is continued in effect
for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.