By: Allen H.B. No. 4057
A BILL TO BE ENTITLED
AN ACT
relating to the regulation and reporting of political contributions
and expenditures and legislative caucus contributions and
expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.001(2), Election Code, is amended to
read as follows:
(2) "Contribution" means a direct or indirect transfer
of money, goods, services, or any other thing of value [and includes
an agreement made or other obligation incurred, whether legally
enforceable or not, to make a transfer]. The term includes a loan or
extension of credit, other than those expressly excluded by this
subdivision, and a guarantee of a loan or extension of credit,
including a loan described by this subdivision. The term does not
include:
(A) a loan made in the due course of business by a
corporation that is legally engaged in the business of lending
money and that has conducted the business continuously for more
than one year before the loan is made; or
(B) an expenditure required to be reported under
Section 305.006(b), Government Code.
SECTION 2. Sections 253.031(b) and (c), Election Code, are
amended to read as follows:
(b) A political committee may not knowingly accept
political contributions totaling more than $500 in a calendar year
or make or authorize political expenditures totaling more than $500
in a calendar year unless [at a time when] a campaign treasurer
appointment for the committee is [not] in effect.
(c) A political committee may not knowingly make or
authorize a campaign contribution or campaign expenditure
[supporting or opposing a candidate for an office specified by
Section 252.005(1)] in connection with a primary or general
election unless the committee's campaign treasurer appointment has
been filed not later than the 30th day before the appropriate
election day.
SECTION 3. Section 253.037(a), Election Code, is amended to
read as follows:
(a) A general-purpose committee may not knowingly make or
authorize a political contribution or political expenditure unless
the committee has [:
[(1) filed its campaign treasurer appointment not
later than the 60th day before the date the contribution or
expenditure is made; and
[(2)] accepted political contributions from at least
10 persons.
SECTION 4. Section 254.031, Election Code, is amended by
amending Subsections (a) and (a-1) and adding Subsection (a-2) to
read as follows:
(a) Except as otherwise provided by this chapter, each
report filed under this chapter must include:
(1) the amount of political contributions from each
person that [in the aggregate] exceed $50 and that are accepted
during the reporting period by the person or committee required to
file a report under this chapter, the full name and address of the
person making the contributions, and the dates of the
contributions;
(2) for each individual from whom the person filing
the report has accepted political contributions that equal or
exceed $250 and that are accepted during the reporting period:
(A) the individual's principal occupation or job
title; and
(B) the full name of the individual's employer;
(3) the amount of loans that are made during the
reporting period for campaign or officeholder purposes to the
person or committee required to file the report and that in the
aggregate exceed $50, the dates the loans are made, the interest
rate, the maturity date, the type of collateral for the loans, if
any, the full name and address of the person or financial
institution making the loans, the full name and address, principal
occupation, and name of the employer of each guarantor of the loans,
the amount of the loans guaranteed by each guarantor, and the
aggregate principal amount of all outstanding loans as of the last
day of the reporting period;
(4) [(3)] the amount of political expenditures that in
the aggregate exceed $50 and that are made during the reporting
period, the full name and address of the persons to whom the
expenditures are made, and the dates and purposes of the
expenditures;
(5) [(4)] the amount of each payment made during the
reporting period from a political contribution if the payment is
not a political expenditure, the full name and address of the person
to whom the payment is made, and the date and purpose of the
payment;
(6) [(5)] the total amount or a specific listing of
the political contributions of $50 or less accepted and the total
amount or a specific listing of the political expenditures of $50 or
less made during the reporting period;
(7) [(6)] the total amount of all political
contributions accepted and the total amount of all political
expenditures made during the reporting period;
(8) [(7)] the name of each candidate or officeholder
who benefits from a direct campaign expenditure made during the
reporting period by the person or committee required to file the
report, and the office sought or held, excluding a direct campaign
expenditure that is made by the principal political committee of a
political party on behalf of a slate of two or more nominees of that
party; and
(9) [(8)] as of the last day of a reporting period for
which the person is required to file a report, the total amount of
political contributions accepted, including interest or other
income on those contributions, maintained in one or more accounts
in which political contributions are deposited as of the last day of
the reporting period.
(a-1) A de minimis error in calculating or reporting a cash
balance under Subsection (a)(9) [(a)(8)] is not a violation of this
section.
(a-2) Subsection (a)(2) applies only to a candidate,
officeholder, or political committee that is required to file
reports with the commission, other than:
(1) a candidate for or holder of the office of district
attorney in a district composed of two or more counties;
(2) a specific-purpose committee for supporting or
opposing only a candidate described by Subdivision (1) or assisting
only an officeholder described by that subdivision;
(3) a candidate for an office described by Section
252.005(5); or
(4) a specific-purpose committee for supporting or
opposing only candidates for an office described by Section
252.005(5) or a measure described by Section 252.007(5).
SECTION 5. Section 254.0311(b), Election Code, is amended
to read as follows:
(b) A report filed under this section must include:
(1) the amount of contributions from each person,
other than a caucus member, that [in the aggregate] exceed $50 and
that are accepted during the reporting period by the legislative
caucus, the full name and address of the person making the
contributions, and the dates of the contributions;
(2) for each individual from whom the legislative
caucus has accepted contributions that equal or exceed $250 and
that are accepted during the reporting period:
(A) the individual's principal occupation or job
title; and
(B) the full name of the individual's employer;
(3) the amount of loans that are made during the
reporting period to the legislative caucus and that in the
aggregate exceed $50, the dates the loans are made, the interest
rate, the maturity date, the type of collateral for the loans, if
any, the full name and address of the person or financial
institution making the loans, the full name and address, principal
occupation, and name of the employer of each guarantor of the loans,
the amount of the loans guaranteed by each guarantor, and the
aggregate principal amount of all outstanding loans as of the last
day of the reporting period;
(4) [(3)] the amount of expenditures that in the
aggregate exceed $50 and that are made during the reporting period,
the full name and address of the persons to whom the expenditures
are made, and the dates and purposes of the expenditures;
(5) [(4)] the total amount or a specific listing of
contributions of $50 or less accepted from persons other than
caucus members and the total amount or a specific listing of
expenditures of $50 or less made during the reporting period; and
(6) [(5)] the total amount of all contributions
accepted, including total contributions from caucus members, and
the total amount of all expenditures made during the reporting
period.
SECTION 6. Section 254.0312, Election Code, is amended to
read as follows:
Sec. 254.0312. BEST EFFORTS. (a) A person required to
file a report under this chapter is considered to be in compliance
with Section 254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or
254.1211 [254.0612, 254.0912, or 254.1212] only if the person or
the person's campaign treasurer shows that the person has used best
efforts to obtain, maintain, and report the information required by
those sections. A person is considered to have used best efforts to
obtain, maintain, and report that information if the person or the
person's campaign treasurer complies with this section.
(b) Each written solicitation for political contributions
or legislative caucus contributions from an individual must
include:
(1) a clear request for the individual's full name and
address, the individual's principal occupation or job title, and
the full name of the individual's employer; and
(2) an accurate statement of state law regarding the
collection and reporting of individual contributor information,
such as:
(A) "State law requires (certain candidates,
officeholders, [or] political committees, or legislative caucuses,
as applicable) to use best efforts to collect and report the full
name and address, principal occupation or job title, and full name
of employer of individuals whose contributions equal or exceed $250
[$500] in a reporting period."; or
(B) "To comply with state law, (certain
candidates, officeholders, [or] political committees, or
legislative caucuses, as applicable) must use best efforts to
obtain, maintain, and report the full name and address, principal
occupation or job title, and full name of employer of individuals
whose contributions equal or exceed $250 [$500] in a reporting
period.".
(c) For each political contribution or legislative caucus
contribution received from an individual that, when aggregated with
all other political contributions or legislative caucus
contributions received from the individual during the reporting
period, equals or exceeds $250 [$500] and for which the information
required by Section 254.031(a)(2), 254.0311(b)(2), 254.0611,
254.0911, or 254.1211 [254.0612, 254.0912, or 254.1212] is not
provided, the person must make at least one oral or written request
for the missing information. A request under this subsection:
(1) must be made not later than the 30th day after the
date the contribution is received;
(2) must include a clear and conspicuous statement
that complies with Subsection (b);
(3) if made orally, must be documented in writing; and
(4) may not be made in conjunction with a solicitation
for an additional [political] contribution.
(d) A person must report any information required by Section
254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or 254.1211
[254.0612, 254.0912, or 254.1212] that is not provided by the
individual making the political contribution or legislative caucus
contribution and that the person has in the person's records of
political contributions or legislative caucus contributions or
previous reports under this chapter.
(e) A person who receives information required by Section
254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or 254.1211
[254.0612, 254.0912, or 254.1212] after the filing deadline for the
report on which the contribution is reported must include the
missing information on the next report the person is required to
file under this chapter.
SECTION 7. Section 254.037(b), Election Code, is amended to
read as follows:
(b) The deadline for filing a report electronically with the
commission as required by this chapter is 11:59 p.m. [midnight] on
the last day for filing the report.
SECTION 8. Section 254.038(c), Election Code, is amended to
read as follows:
(c) A report under this section shall be filed
electronically, by telegram or telephonic facsimile machine, or by
hand, in the form required by Section 254.036. The commission must
receive a report under this section filed by telegram, telephonic
facsimile machine, or hand not later than 5 p.m. of the first
business day after the date the contribution is accepted. The
commission must receive a report under this section filed
electronically not later than 11:59 p.m. [midnight] of the first
business day after the date the contribution is accepted. A report
under this section is not required to be accompanied by the
affidavit required under Section 254.036(h) or to be submitted on a
form prescribed by the commission. A report under this section
that complies with Section 254.036(a) must be accompanied by an
affidavit under Section 254.036(c)(1) unless the candidate or
committee has submitted an affidavit under Section 254.036(c)(1)
with another report filed in connection with the election for which
a report is required under this section.
SECTION 9. Section 254.0611(a), Election Code, is amended
to read as follows:
(a) In addition to the contents required by Sections 254.031
and 254.061, each report by a candidate for a judicial office
covered by Subchapter F, Chapter 253, must include:
(1) the total amount of political contributions,
including interest or other income, maintained in one or more
accounts in which political contributions are deposited as of the
last day of the reporting period;
(2) for each individual from whom the person filing
the report has accepted political contributions that [in the
aggregate] exceed $250 [$50] and that are accepted during the
reporting period:
(A) the principal occupation or [and] job title
of the individual and the full name of the employer of the
individual or of the law firm of which the individual or the
individual's spouse is a member, if any; or
(B) if the individual is a child, the full name of
the law firm of which either of the individual's parents is a
member, if any;
(3) a specific listing of each asset valued at $500 or
more that was purchased with political contributions and on hand as
of the last day of the reporting period;
(4) for each political contribution accepted by the
person filing the report but not received as of the last day of the
reporting period:
(A) the full name and address of the person
making the contribution;
(B) the amount of the contribution; and
(C) the date of the contribution; and
(5) for each outstanding loan to the person filing the
report as of the last day of the reporting period:
(A) the full name and address of the person or
financial institution making the loan; and
(B) the full name and address of each guarantor
of the loan other than the candidate.
SECTION 10. Section 254.151, Election Code, is amended to
read as follows:
Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
to the contents required by Section 254.031, each report by a
campaign treasurer of a general-purpose committee must include:
(1) the committee's full name and address;
(2) the full name, residence or business street
address, and telephone number of the committee's campaign
treasurer;
(3) the identity and date of the election for which the
report is filed, if applicable;
(4) the name of each identified candidate or measure
or classification by party of candidates supported or opposed by
the committee, indicating whether the committee supports or opposes
each listed candidate, measure, or classification by party of
candidates;
(5) the name of each identified officeholder or
classification by party of officeholders assisted by the committee;
(6) [the principal occupation of each person from whom
political contributions that in the aggregate exceed $50 are
accepted during the reporting period;
[(7)] the amount of each political expenditure in the
form of a political contribution made to a candidate, officeholder,
or another political committee that is returned to the committee
during the reporting period, the name of the person to whom the
expenditure was originally made, and the date it is returned;
(7) [(8)] on a separate page or pages of the report,
the identification of any contribution from a corporation or labor
organization made and accepted under Subchapter D, Chapter 253; and
(8) [(9)] on a separate page or pages of the report,
the identification of the name of the donor, the amount, and the
date of any expenditure made by a corporation or labor organization
to:
(A) establish or administer the political
committee; or
(B) finance the solicitation of political
contributions to the committee under Section 253.100.
SECTION 11. Section 254.1541(b), Election Code, is amended
to read as follows:
(b) A report by a campaign treasurer of a general-purpose
committee to which this section applies may include, instead of the
information required under Sections 254.031(a)(1) and (6) [(5) and
Section 254.151(6)]:
(1) the amount of political contributions from each
person that [in the aggregate] exceed $100 and that are accepted
during the reporting period by the committee, the full name and
address of the person making the contributions, [the person's
principal occupation,] and the dates of the contributions; and
(2) the total amount or a specific listing of the
political contributions of $100 or less accepted and the total
amount or a specific listing of the political expenditures of $100
or less made during the reporting period.
SECTION 12. Section 254.156, Election Code, is amended to
read as follows:
Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly
report filed under this subchapter must comply with Sections
254.031 and 254.151 except that the maximum amount of a political
contribution, expenditure, or loan that is not required to be
individually reported is:
(1) $10 [in the aggregate]; or
(2) $20 [in the aggregate] for a contribution accepted
by a general-purpose committee to which Section 254.1541 applies.
SECTION 13. Sections 254.0612, 254.0912, and 254.1212,
Election Code, are repealed.
SECTION 14. (a) Chapters 251 and 253, Election Code, as
amended by this Act, apply only to a political contribution
accepted on or after September 1, 2009. A political contribution
accepted before September 1, 2009, 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.
(b) Chapter 254, Election Code, as amended by this Act,
applies only to a report of political contributions and
expenditures or legislative caucus contributions and expenditures
that is due on or after January 1, 2010. A report of political
contributions and expenditures or legislative caucus contributions
and expenditures that is due before January 1, 2010, is governed by
the law in effect on the date the report is due, and the former law
is continued in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2009.