Texas 2009 - 81st Regular

Texas House Bill HB1997 Compare Versions

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1	1	81R2270 ESH-D
2	2	By: McCall H.B. No. 1997
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the making of political contributions to and acceptance
8	8	of political contributions by statewide officers and members of the
9	9	legislature before and during a special session of the legislature;
10	10	providing a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 253.034, Election Code, is amended by
13	13	adding Subsections (a-1), (b-1), and (c-1) and amending Subsections
14	14	(b) and (c) to read as follows:
15	15	(a-1) During the period beginning on the date the governor
16	16	signs the proclamation calling a special legislative session and
17	17	continuing through the date of final adjournment, a person may not
18	18	knowingly make a political contribution to:
19	19	(1) a statewide officeholder;
20	20	(2) a member of the legislature; or
21	21	(3) a specific-purpose committee for supporting,
22	22	opposing, or assisting a statewide officeholder or member of the
23	23	legislature.
24	24	(b) A statewide officeholder, a member of the legislature,
25	25	or a specific-purpose committee for supporting, opposing, or
26	26	assisting a statewide officeholder or member of the legislature may
27	27	not knowingly accept a political contribution, and shall refuse a
28	28	political contribution that is received, during the period
29	29	prescribed by Subsection (a) or (a-1). A political contribution
30	30	that is received and refused during that period shall be returned to
31	31	the contributor not later than the 30th day after the date of
32	32	receipt.
33	33	(b-1) A contribution made by mail is not considered received
34	34	during the [that] period prescribed by Subsection (a) or (a-1) if it
35	35	was placed with postage prepaid and properly addressed in the
36	36	United States mail before the beginning of the period. The date
37	37	indicated by the post office cancellation mark is considered to be
38	38	the date the contribution was placed in the mail unless proven
39	39	otherwise.
40	40	(c) Subsections (a) and (a-1) do [This section does] not
41	41	apply to a political contribution that was made and accepted with
42	42	the intent that it be used:
43	43	(1) in an election held or ordered during the period
44	44	prescribed by Subsection (a) or (a-1) in which the person accepting
45	45	the contribution is a candidate if the contribution was made after
46	46	the person appointed a campaign treasurer with the appropriate
47	47	authority and before the person was sworn in for that office; or
48	48	(2) to defray expenses incurred in connection with an
49	49	election contest.
50	50	(c-1) Subsection (a) does not apply to a political
51	51	contribution that was made and accepted with the intent that it be
52	52	used[; or
53	53	[(3)] by a person who holds a state office or a member
54	54	of the legislature if the person or member was defeated at the
55	55	general election held immediately before the session is convened or
56	56	by a specific-purpose political committee that supports or assists
57	57	only that person or member.
58	58	SECTION 2. The heading to Section 253.034, Election Code,
59	59	is amended to read as follows:
60	60	Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE,
61	61	DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION.
62	62	SECTION 3. Section 571.073, Government Code, is amended to
63	63	read as follows:
64	64	Sec. 571.073. REPORT. On or before December 31 of each
65	65	even-numbered year, the commission shall report to the governor and
66	66	legislature. The report must include:
67	67	(1) each advisory opinion issued by the commission
68	68	under Subchapter D in the preceding two years;
69	69	(2) a summary of commission activities in the
70	70	preceding two years, including:
71	71	(A) the number of sworn complaints filed with the
72	72	commission;
73	73	(B) the number of sworn complaints dismissed for
74	74	noncompliance with statutory form requirements;
75	75	(C) the number of sworn complaints dismissed for
76	76	lack of jurisdiction;
77	77	(D) the number of sworn complaints dismissed
78	78	after a finding of no credible evidence of a violation;
79	79	(E) the number of sworn complaints dismissed
80	80	after a finding of a lack of sufficient evidence to determine
81	81	whether a violation within the jurisdiction of the commission has
82	82	occurred;
83	83	(F) the number of sworn complaints resolved by
84	84	the commission through an agreed order;
85	85	(G) the number of sworn complaints in which the
86	86	commission issued an order finding a violation and the resulting
87	87	penalties, if any; and
88	88	(H) the number and amount of civil penalties
89	89	imposed for failure to timely file a statement or report, the number
90	90	and amount of those civil penalties fully paid, the number and
91	91	amount of those civil penalties partially paid, and the number and
92	92	amount of those civil penalties no part of which has been paid, for
93	93	each of the following category of statements and reports, listed
94	94	separately:
95	95	(i) financial statements required to be
96	96	filed under Chapter 572;
97	97	(ii) political contribution and
98	98	expenditure reports required to be filed under Section 254.063,
99	99	254.093, 254.123, 254.153, or 254.157, Election Code;
100	100	(iii) political contribution and
101	101	expenditure reports required to be filed under Section 254.064(b),
102	102	254.124(b), or 254.154(b), Election Code;
103	103	(iv) political contribution and
104	104	expenditure reports required to be filed under Section 254.064(c),
105	105	254.124(c), or 254.154(c), Election Code; and
106	106	(v) political contribution and expenditure
107	107	reports required to be filed under Section 254.038 or 254.039,
108	108	Election Code; and
109	109	[(vi) political contribution and
110	110	expenditure reports required to be filed under Section 254.0391,
111	111	Election Code; and]
112	112	(3) recommendations for any necessary statutory
113	113	changes.
114	114	SECTION 4. Section 254.0391, Election Code, is repealed.
115	115	SECTION 5. (a) Section 253.034, Election Code, as amended
116	116	by this Act, applies only to a political contribution made on or
117	117	after the effective date of this Act. A political contribution made
118	118	before the effective date of this Act is governed by the law in
119	119	effect on the date the contribution is made, and the former law is
120	120	continued in effect for that purpose.
121	121	(b) The repeal of Section 254.0391, Election Code, by this
122	122	Act applies only to the reporting of a political contribution
123	123	accepted on or after the effective date of this Act. The reporting
124	124	of a political contribution accepted before the effective date of
125	125	this Act is governed by the law in effect on the date the
126	126	contribution is accepted, and the former law is continued in effect
127	127	for that purpose.
128	128	SECTION 6. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2009.