Texas 2009 - 81st Regular

Texas House Bill HB2633 Compare Versions

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

Old	New	Differences
1	1	81R1331 ATP-D
2	2	By: Ortiz, Jr. H.B. No. 2633
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limits on political contributions and direct campaign
8	8	expenditures by individuals; providing civil and criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 253.003(e), Election Code, is amended to
12	12	read as follows:
13	13	(e) A violation of Subsection (a) or (b) is a felony of the
14	14	third degree if the contribution is made in violation of Subchapter
15	15	D or G.
16	16	SECTION 2. Chapter 253, Election Code, is amended by adding
17	17	Subchapter G to read as follows:
18	18	SUBCHAPTER G. AGGREGATE LIMIT ON CONTRIBUTIONS
19	19	BY INDIVIDUAL
20	20	Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
21	21	applies only to:
22	22	(1) a political contribution to a political committee
23	23	established by a political party;
24	24	(2) a political contribution to a candidate for or
25	25	holder of one of the following offices:
26	26	(A) a statewide executive office;
27	27	(B) the office of state senator;
28	28	(C) the office of state representative; or
29	29	(D) the office of member, State Board of
30	30	Education;
31	31	(3) a political contribution to a specific-purpose
32	32	committee for supporting or opposing a candidate for an office
33	33	described by Subdivision (2) or assisting a holder of such an
34	34	office; and
35	35	(4) a direct campaign expenditure in connection with
36	36	an office described by Subdivision (2).
37	37	Sec. 253.202. DEFINITION. In this subchapter, "election
38	38	cycle" means the period beginning on January 1 of an odd-numbered
39	39	year and ending on December 31 of the following even-numbered year.
40	40	Sec. 253.203. CONTRIBUTION LIMITS. (a) An individual may
41	41	not knowingly make or authorize political contributions to which
42	42	this subchapter applies that in the aggregate exceed $100,000 in an
43	43	election cycle.
44	44	(b) A contribution by the spouse or child of an individual
45	45	is considered to be a contribution by the individual. In this
46	46	subsection, "child" means an individual who is younger than 18
47	47	years of age and who has not had the disabilities of minority
48	48	removed for general purposes.
49	49	(c) A candidate, officeholder, or political committee may
50	50	not knowingly accept a political contribution that the person knows
51	51	to have been made or authorized in violation of Subsection (a). A
52	52	candidate, officeholder, or political committee that receives a
53	53	political contribution made in violation of Subsection (a) shall
54	54	return the contribution to the individual making the contribution
55	55	not later than the 10th day after the date on which the person
56	56	determines the contribution has been made in violation of
57	57	Subsection (a).
58	58	(d) A person may not knowingly aid or abet the making of a
59	59	political contribution in violation of Subsection (a).
60	60	(e) A person who violates this section commits an offense.
61	61	An offense under this subsection is a felony of the third degree.
62	62	Sec. 253.204. RECEIPT OF CONTRIBUTION INTENDED FOR ANOTHER.
63	63	For purposes of Section 253.203, a political contribution is
64	64	considered to be a contribution to a candidate, officeholder, or
65	65	political committee if the person making the contribution in any
66	66	way indicates to the person receiving the contribution that the
67	67	contribution is intended for the candidate, officeholder, or
68	68	committee. A person who receives a political contribution to which
69	69	this section applies shall:
70	70	(1) report the contribution under Chapter 254 as if
71	71	the person were a general-purpose committee;
72	72	(2) notify in writing the candidate, officeholder, or
73	73	political committee for whom the contribution is intended of the
74	74	amount of the contribution, the date it was made, and the name and
75	75	address of the person making the contribution; and
76	76	(3) not later than the 14th business day after the date
77	77	on which the person receives the contribution, deliver the
78	78	contribution to the candidate, officeholder, or political
79	79	committee for whom the contribution is intended.
80	80	Sec. 253.205. CERTAIN DIRECT CAMPAIGN EXPENDITURES
81	81	CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
82	82	253.203, a direct campaign expenditure is considered to be a
83	83	campaign contribution to a candidate if it is made with the
84	84	cooperation or prior consent of, in consultation with, or at the
85	85	suggestion of:
86	86	(1) the candidate;
87	87	(2) a specific-purpose committee for supporting the
88	88	candidate or opposing the candidate's opponent; or
89	89	(3) a person acting with the candidate's knowledge and
90	90	consent.
91	91	Sec. 253.206. REVIEW OF CONTRIBUTIONS BY COMMISSION. Not
92	92	later than March 1 of each odd-numbered year, the commission shall:
93	93	(1) conduct a comprehensive computer review of the
94	94	commission's records of political contributions made by
95	95	individuals during the preceding election cycle to determine if any
96	96	individual exceeded the limit prescribed by Section 253.203; and
97	97	(2) make the results of the review available to the
98	98	public.
99	99	SECTION 3. Section 254.034, Election Code, is amended by
100	100	adding Subsection (f) to read as follows:
101	101	(f) This section applies to a political contribution
102	102	covered by Subchapter G, Chapter 253, except as provided by Section
103	103	253.203.
104	104	SECTION 4. Subchapter G, Chapter 253, Election Code, as
105	105	added by this Act, applies only to a political contribution or
106	106	direct campaign expenditure made on or after September 1, 2009. A
107	107	political contribution or direct campaign expenditure made before
108	108	September 1, 2009, is governed by the law in effect at the time the
109	109	contribution or expenditure was made and is not aggregated with
110	110	political contributions or direct campaign expenditures made on or
111	111	after that date.
112	112	SECTION 5. This Act takes effect September 1, 2009.