Texas 2009 - 81st Regular

Texas House Bill HB4057 Compare Versions

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

Old	New	Differences
1	1	By: Allen H.B. No. 4057
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation and reporting of political contributions
7	7	and expenditures and legislative caucus contributions and
8	8	expenditures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.001(2), Election Code, is amended to
11	11	read as follows:
12	12	(2) "Contribution" means a direct or indirect transfer
13	13	of money, goods, services, or any other thing of value [and includes
14	14	an agreement made or other obligation incurred, whether legally
15	15	enforceable or not, to make a transfer]. The term includes a loan or
16	16	extension of credit, other than those expressly excluded by this
17	17	subdivision, and a guarantee of a loan or extension of credit,
18	18	including a loan described by this subdivision. The term does not
19	19	include:
20	20	(A) a loan made in the due course of business by a
21	21	corporation that is legally engaged in the business of lending
22	22	money and that has conducted the business continuously for more
23	23	than one year before the loan is made; or
24	24	(B) an expenditure required to be reported under
25	25	Section 305.006(b), Government Code.
26	26	SECTION 2. Sections 253.031(b) and (c), Election Code, are
27	27	amended to read as follows:
28	28	(b) A political committee may not knowingly accept
29	29	political contributions totaling more than $500 in a calendar year
30	30	or make or authorize political expenditures totaling more than $500
31	31	in a calendar year unless [at a time when] a campaign treasurer
32	32	appointment for the committee is [not] in effect.
33	33	(c) A political committee may not knowingly make or
34	34	authorize a campaign contribution or campaign expenditure
35	35	[supporting or opposing a candidate for an office specified by
36	36	Section 252.005(1)] in connection with a primary or general
37	37	election unless the committee's campaign treasurer appointment has
38	38	been filed not later than the 30th day before the appropriate
39	39	election day.
40	40	SECTION 3. Section 253.037(a), Election Code, is amended to
41	41	read as follows:
42	42	(a) A general-purpose committee may not knowingly make or
43	43	authorize a political contribution or political expenditure unless
44	44	the committee has [:
45	45	[(1) filed its campaign treasurer appointment not
46	46	later than the 60th day before the date the contribution or
47	47	expenditure is made; and
48	48	[(2)] accepted political contributions from at least
49	49	10 persons.
50	50	SECTION 4. Section 254.031, Election Code, is amended by
51	51	amending Subsections (a) and (a-1) and adding Subsection (a-2) to
52	52	read as follows:
53	53	(a) Except as otherwise provided by this chapter, each
54	54	report filed under this chapter must include:
55	55	(1) the amount of political contributions from each
56	56	person that [in the aggregate] exceed $50 and that are accepted
57	57	during the reporting period by the person or committee required to
58	58	file a report under this chapter, the full name and address of the
59	59	person making the contributions, and the dates of the
60	60	contributions;
61	61	(2) for each individual from whom the person filing
62	62	the report has accepted political contributions that equal or
63	63	exceed $250 and that are accepted during the reporting period:
64	64	(A) the individual's principal occupation or job
65	65	title; and
66	66	(B) the full name of the individual's employer;
67	67	(3) the amount of loans that are made during the
68	68	reporting period for campaign or officeholder purposes to the
69	69	person or committee required to file the report and that in the
70	70	aggregate exceed $50, the dates the loans are made, the interest
71	71	rate, the maturity date, the type of collateral for the loans, if
72	72	any, the full name and address of the person or financial
73	73	institution making the loans, the full name and address, principal
74	74	occupation, and name of the employer of each guarantor of the loans,
75	75	the amount of the loans guaranteed by each guarantor, and the
76	76	aggregate principal amount of all outstanding loans as of the last
77	77	day of the reporting period;
78	78	(4) [(3)] the amount of political expenditures that in
79	79	the aggregate exceed $50 and that are made during the reporting
80	80	period, the full name and address of the persons to whom the
81	81	expenditures are made, and the dates and purposes of the
82	82	expenditures;
83	83	(5) [(4)] the amount of each payment made during the
84	84	reporting period from a political contribution if the payment is
85	85	not a political expenditure, the full name and address of the person
86	86	to whom the payment is made, and the date and purpose of the
87	87	payment;
88	88	(6) [(5)] the total amount or a specific listing of
89	89	the political contributions of $50 or less accepted and the total
90	90	amount or a specific listing of the political expenditures of $50 or
91	91	less made during the reporting period;
92	92	(7) [(6)] the total amount of all political
93	93	contributions accepted and the total amount of all political
94	94	expenditures made during the reporting period;
95	95	(8) [(7)] the name of each candidate or officeholder
96	96	who benefits from a direct campaign expenditure made during the
97	97	reporting period by the person or committee required to file the
98	98	report, and the office sought or held, excluding a direct campaign
99	99	expenditure that is made by the principal political committee of a
100	100	political party on behalf of a slate of two or more nominees of that
101	101	party; and
102	102	(9) [(8)] as of the last day of a reporting period for
103	103	which the person is required to file a report, the total amount of
104	104	political contributions accepted, including interest or other
105	105	income on those contributions, maintained in one or more accounts
106	106	in which political contributions are deposited as of the last day of
107	107	the reporting period.
108	108	(a-1) A de minimis error in calculating or reporting a cash
109	109	balance under Subsection (a)(9) [(a)(8)] is not a violation of this
110	110	section.
111	111	(a-2) Subsection (a)(2) applies only to a candidate,
112	112	officeholder, or political committee that is required to file
113	113	reports with the commission, other than:
114	114	(1) a candidate for or holder of the office of district
115	115	attorney in a district composed of two or more counties;
116	116	(2) a specific-purpose committee for supporting or
117	117	opposing only a candidate described by Subdivision (1) or assisting
118	118	only an officeholder described by that subdivision;
119	119	(3) a candidate for an office described by Section
120	120	252.005(5); or
121	121	(4) a specific-purpose committee for supporting or
122	122	opposing only candidates for an office described by Section
123	123	252.005(5) or a measure described by Section 252.007(5).
124	124	SECTION 5. Section 254.0311(b), Election Code, is amended
125	125	to read as follows:
126	126	(b) A report filed under this section must include:
127	127	(1) the amount of contributions from each person,
128	128	other than a caucus member, that [in the aggregate] exceed $50 and
129	129	that are accepted during the reporting period by the legislative
130	130	caucus, the full name and address of the person making the
131	131	contributions, and the dates of the contributions;
132	132	(2) for each individual from whom the legislative
133	133	caucus has accepted contributions that equal or exceed $250 and
134	134	that are accepted during the reporting period:
135	135	(A) the individual's principal occupation or job
136	136	title; and
137	137	(B) the full name of the individual's employer;
138	138	(3) the amount of loans that are made during the
139	139	reporting period to the legislative caucus and that in the
140	140	aggregate exceed $50, the dates the loans are made, the interest
141	141	rate, the maturity date, the type of collateral for the loans, if
142	142	any, the full name and address of the person or financial
143	143	institution making the loans, the full name and address, principal
144	144	occupation, and name of the employer of each guarantor of the loans,
145	145	the amount of the loans guaranteed by each guarantor, and the
146	146	aggregate principal amount of all outstanding loans as of the last
147	147	day of the reporting period;
148	148	(4) [(3)] the amount of expenditures that in the
149	149	aggregate exceed $50 and that are made during the reporting period,
150	150	the full name and address of the persons to whom the expenditures
151	151	are made, and the dates and purposes of the expenditures;
152	152	(5) [(4)] the total amount or a specific listing of
153	153	contributions of $50 or less accepted from persons other than
154	154	caucus members and the total amount or a specific listing of
155	155	expenditures of $50 or less made during the reporting period; and
156	156	(6) [(5)] the total amount of all contributions
157	157	accepted, including total contributions from caucus members, and
158	158	the total amount of all expenditures made during the reporting
159	159	period.
160	160	SECTION 6. Section 254.0312, Election Code, is amended to
161	161	read as follows:
162	162	Sec. 254.0312. BEST EFFORTS. (a) A person required to
163	163	file a report under this chapter is considered to be in compliance
164	164	with Section 254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or
165	165	254.1211 [254.0612, 254.0912, or 254.1212] only if the person or
166	166	the person's campaign treasurer shows that the person has used best
167	167	efforts to obtain, maintain, and report the information required by
168	168	those sections. A person is considered to have used best efforts to
169	169	obtain, maintain, and report that information if the person or the
170	170	person's campaign treasurer complies with this section.
171	171	(b) Each written solicitation for political contributions
172	172	or legislative caucus contributions from an individual must
173	173	include:
174	174	(1) a clear request for the individual's full name and
175	175	address, the individual's principal occupation or job title, and
176	176	the full name of the individual's employer; and
177	177	(2) an accurate statement of state law regarding the
178	178	collection and reporting of individual contributor information,
179	179	such as:
180	180	(A) "State law requires (certain candidates,
181	181	officeholders, [or] political committees, or legislative caucuses,
182	182	as applicable) to use best efforts to collect and report the full
183	183	name and address, principal occupation or job title, and full name
184	184	of employer of individuals whose contributions equal or exceed $250
185	185	[$500] in a reporting period."; or
186	186	(B) "To comply with state law, (certain
187	187	candidates, officeholders, [or] political committees, or
188	188	legislative caucuses, as applicable) must use best efforts to
189	189	obtain, maintain, and report the full name and address, principal
190	190	occupation or job title, and full name of employer of individuals
191	191	whose contributions equal or exceed $250 [$500] in a reporting
192	192	period.".
193	193	(c) For each political contribution or legislative caucus
194	194	contribution received from an individual that, when aggregated with
195	195	all other political contributions or legislative caucus
196	196	contributions received from the individual during the reporting
197	197	period, equals or exceeds $250 [$500] and for which the information
198	198	required by Section 254.031(a)(2), 254.0311(b)(2), 254.0611,
199	199	254.0911, or 254.1211 [254.0612, 254.0912, or 254.1212] is not
200	200	provided, the person must make at least one oral or written request
201	201	for the missing information. A request under this subsection:
202	202	(1) must be made not later than the 30th day after the
203	203	date the contribution is received;
204	204	(2) must include a clear and conspicuous statement
205	205	that complies with Subsection (b);
206	206	(3) if made orally, must be documented in writing; and
207	207	(4) may not be made in conjunction with a solicitation
208	208	for an additional [political] contribution.
209	209	(d) A person must report any information required by Section
210	210	254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or 254.1211
211	211	[254.0612, 254.0912, or 254.1212] that is not provided by the
212	212	individual making the political contribution or legislative caucus
213	213	contribution and that the person has in the person's records of
214	214	political contributions or legislative caucus contributions or
215	215	previous reports under this chapter.
216	216	(e) A person who receives information required by Section
217	217	254.031(a)(2), 254.0311(b)(2), 254.0611, 254.0911, or 254.1211
218	218	[254.0612, 254.0912, or 254.1212] after the filing deadline for the
219	219	report on which the contribution is reported must include the
220	220	missing information on the next report the person is required to
221	221	file under this chapter.
222	222	SECTION 7. Section 254.037(b), Election Code, is amended to
223	223	read as follows:
224	224	(b) The deadline for filing a report electronically with the
225	225	commission as required by this chapter is 11:59 p.m. [midnight] on
226	226	the last day for filing the report.
227	227	SECTION 8. Section 254.038(c), Election Code, is amended to
228	228	read as follows:
229	229	(c) A report under this section shall be filed
230	230	electronically, by telegram or telephonic facsimile machine, or by
231	231	hand, in the form required by Section 254.036. The commission must
232	232	receive a report under this section filed by telegram, telephonic
233	233	facsimile machine, or hand not later than 5 p.m. of the first
234	234	business day after the date the contribution is accepted. The
235	235	commission must receive a report under this section filed
236	236	electronically not later than 11:59 p.m. [midnight] of the first
237	237	business day after the date the contribution is accepted. A report
238	238	under this section is not required to be accompanied by the
239	239	affidavit required under Section 254.036(h) or to be submitted on a
240	240	form prescribed by the commission. A report under this section
241	241	that complies with Section 254.036(a) must be accompanied by an
242	242	affidavit under Section 254.036(c)(1) unless the candidate or
243	243	committee has submitted an affidavit under Section 254.036(c)(1)
244	244	with another report filed in connection with the election for which
245	245	a report is required under this section.
246	246	SECTION 9. Section 254.0611(a), Election Code, is amended
247	247	to read as follows:
248	248	(a) In addition to the contents required by Sections 254.031
249	249	and 254.061, each report by a candidate for a judicial office
250	250	covered by Subchapter F, Chapter 253, must include:
251	251	(1) the total amount of political contributions,
252	252	including interest or other income, maintained in one or more
253	253	accounts in which political contributions are deposited as of the
254	254	last day of the reporting period;
255	255	(2) for each individual from whom the person filing
256	256	the report has accepted political contributions that [in the
257	257	aggregate] exceed $250 [$50] and that are accepted during the
258	258	reporting period:
259	259	(A) the principal occupation or [and] job title
260	260	of the individual and the full name of the employer of the
261	261	individual or of the law firm of which the individual or the
262	262	individual's spouse is a member, if any; or
263	263	(B) if the individual is a child, the full name of
264	264	the law firm of which either of the individual's parents is a
265	265	member, if any;
266	266	(3) a specific listing of each asset valued at $500 or
267	267	more that was purchased with political contributions and on hand as
268	268	of the last day of the reporting period;
269	269	(4) for each political contribution accepted by the
270	270	person filing the report but not received as of the last day of the
271	271	reporting period:
272	272	(A) the full name and address of the person
273	273	making the contribution;
274	274	(B) the amount of the contribution; and
275	275	(C) the date of the contribution; and
276	276	(5) for each outstanding loan to the person filing the
277	277	report as of the last day of the reporting period:
278	278	(A) the full name and address of the person or
279	279	financial institution making the loan; and
280	280	(B) the full name and address of each guarantor
281	281	of the loan other than the candidate.
282	282	SECTION 10. Section 254.151, Election Code, is amended to
283	283	read as follows:
284	284	Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
285	285	to the contents required by Section 254.031, each report by a
286	286	campaign treasurer of a general-purpose committee must include:
287	287	(1) the committee's full name and address;
288	288	(2) the full name, residence or business street
289	289	address, and telephone number of the committee's campaign
290	290	treasurer;
291	291	(3) the identity and date of the election for which the
292	292	report is filed, if applicable;
293	293	(4) the name of each identified candidate or measure
294	294	or classification by party of candidates supported or opposed by
295	295	the committee, indicating whether the committee supports or opposes
296	296	each listed candidate, measure, or classification by party of
297	297	candidates;
298	298	(5) the name of each identified officeholder or
299	299	classification by party of officeholders assisted by the committee;
300	300	(6) [the principal occupation of each person from whom
301	301	political contributions that in the aggregate exceed $50 are
302	302	accepted during the reporting period;
303	303	[(7)] the amount of each political expenditure in the
304	304	form of a political contribution made to a candidate, officeholder,
305	305	or another political committee that is returned to the committee
306	306	during the reporting period, the name of the person to whom the
307	307	expenditure was originally made, and the date it is returned;
308	308	(7) [(8)] on a separate page or pages of the report,
309	309	the identification of any contribution from a corporation or labor
310	310	organization made and accepted under Subchapter D, Chapter 253; and
311	311	(8) [(9)] on a separate page or pages of the report,
312	312	the identification of the name of the donor, the amount, and the
313	313	date of any expenditure made by a corporation or labor organization
314	314	to:
315	315	(A) establish or administer the political
316	316	committee; or
317	317	(B) finance the solicitation of political
318	318	contributions to the committee under Section 253.100.
319	319	SECTION 11. Section 254.1541(b), Election Code, is amended
320	320	to read as follows:
321	321	(b) A report by a campaign treasurer of a general-purpose
322	322	committee to which this section applies may include, instead of the
323	323	information required under Sections 254.031(a)(1) and (6) [(5) and
324	324	Section 254.151(6)]:
325	325	(1) the amount of political contributions from each
326	326	person that [in the aggregate] exceed $100 and that are accepted
327	327	during the reporting period by the committee, the full name and
328	328	address of the person making the contributions, [the person's
329	329	principal occupation,] and the dates of the contributions; and
330	330	(2) the total amount or a specific listing of the
331	331	political contributions of $100 or less accepted and the total
332	332	amount or a specific listing of the political expenditures of $100
333	333	or less made during the reporting period.
334	334	SECTION 12. Section 254.156, Election Code, is amended to
335	335	read as follows:
336	336	Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly
337	337	report filed under this subchapter must comply with Sections
338	338	254.031 and 254.151 except that the maximum amount of a political
339	339	contribution, expenditure, or loan that is not required to be
340	340	individually reported is:
341	341	(1) $10 [in the aggregate]; or
342	342	(2) $20 [in the aggregate] for a contribution accepted
343	343	by a general-purpose committee to which Section 254.1541 applies.
344	344	SECTION 13. Sections 254.0612, 254.0912, and 254.1212,
345	345	Election Code, are repealed.
346	346	SECTION 14. (a) Chapters 251 and 253, Election Code, as
347	347	amended by this Act, apply only to a political contribution
348	348	accepted on or after September 1, 2009. A political contribution
349	349	accepted before September 1, 2009, is governed by the law in effect
350	350	on the date the contribution is accepted, and the former law is
351	351	continued in effect for that purpose.
352	352	(b) Chapter 254, Election Code, as amended by this Act,
353	353	applies only to a report of political contributions and
354	354	expenditures or legislative caucus contributions and expenditures
355	355	that is due on or after January 1, 2010. A report of political
356	356	contributions and expenditures or legislative caucus contributions
357	357	and expenditures that is due before January 1, 2010, is governed by
358	358	the law in effect on the date the report is due, and the former law
359	359	is continued in effect for that purpose.
360	360	SECTION 15. This Act takes effect September 1, 2009.