Texas 2009 - 81st Regular

Texas House Bill HB4444 Compare Versions

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1	1	81R28802 ESH-D
2	2	By: Dunnam H.B. No. 4444
3	3	Substitute the following for H.B. No. 4444:
4	4	By: Pea C.S.H.B. No. 4444
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the election of the speaker of the house of
10	10	representatives; providing criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 302.011, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 302.011. DEFINITIONS. In this subchapter:
15	15	(1) "Contribution," "expenditure," "labor
16	16	organization," and "political committee" have the meanings
17	17	assigned by Section 251.001, Election Code.
18	18	(2) "Speaker campaign advertising" means a
19	19	communication supporting or opposing a speaker candidate that:
20	20	(A) in return for consideration, is published in
21	21	a newspaper, magazine, or other periodical or is broadcast by radio
22	22	or television;
23	23	(B) appears in a letter, pamphlet, circular,
24	24	flier, billboard or other sign, bumper sticker, button, or similar
25	25	form of written communication; or
26	26	(C) appears on an Internet website.
27	27	(3) "Speaker campaign contribution" means a
28	28	contribution to a speaker candidate or political committee that is
29	29	offered or given with the intent that it be used in connection with
30	30	a campaign for speaker. Whether a contribution is made before,
31	31	during, or after an election for speaker does not affect its status
32	32	as a speaker campaign contribution.
33	33	(4) "Speaker candidate" means a member of or candidate
34	34	for the house of representatives who has announced the member's
35	35	[his] candidacy for or who by the member's [his] actions, words, or
36	36	deeds seeks election to the office of speaker of the house of
37	37	representatives.
38	38	(5) "Speaker campaign [(2) "Campaign] expenditure"
39	39	means an [the] expenditure made by a person in connection with a
40	40	campaign for speaker. Whether an expenditure is made before,
41	41	during, or after an election for speaker does not affect its status
42	42	as a speaker campaign expenditure [of money or the use of services
43	43	or any other thing of value to aid or defeat the election of a
44	44	speaker candidate].
45	45	(6) "Speaker campaign [(3) "Campaign] funds" means
46	46	the speaker candidate's personal funds that are devoted to the
47	47	campaign for speaker and any money, services, or other things of
48	48	value that are contributed or loaned to the speaker candidate for
49	49	use in the candidate's campaign for speaker.
50	50	(7) "Speaker election cycle" means the period
51	51	beginning on the day after the date a speaker is elected and ending
52	52	on the date a new speaker is elected.
53	53	SECTION 2. Subchapter B, Chapter 302, Government Code, is
54	54	amended by adding Section 302.0111 to read as follows:
55	55	Sec. 302.0111. APPLICATION OF ELECTION CODE. The
56	56	restrictions on contributions and expenditures and reporting
57	57	requirements of Title 15, Election Code, apply to a campaign for
58	58	speaker except as expressly provided by this subchapter.
59	59	SECTION 3. Section 302.012(b), Government Code, is amended
60	60	to read as follows:
61	61	(b) The records must be kept separate from the records
62	62	required under the [Texas] Election Code for the speaker
63	63	candidate's campaign for any other public office.
64	64	SECTION 4. Sections 302.0121(c) and (e), Government Code,
65	65	are amended to read as follows:
66	66	(c) Except as provided by Subsection (e), a speaker
67	67	candidate may not knowingly accept a speaker campaign
68	68	contribution[, loan, or promise of a contribution or loan] in
69	69	connection with the speaker candidacy or make or authorize a
70	70	speaker campaign expenditure at a time when a declaration of
71	71	candidacy for the speaker candidate is not in effect.
72	72	(e) A former speaker candidate whose declaration of speaker
73	73	candidacy is terminated under Subsection (d) may make a speaker
74	74	campaign expenditure in connection with a debt incurred during the
75	75	period the former speaker candidate's declaration of candidacy was
76	76	in effect.
77	77	SECTION 5. Section 302.014, Government Code, is amended to
78	78	read as follows:
79	79	Sec. 302.014. CONTENTS OF STATEMENT. (a) Each statement
80	80	must list the following information for the period since the last
81	81	filing date:
82	82	(1) each speaker campaign contribution of money the
83	83	speaker candidate or the speaker candidate's agent, servant, staff
84	84	member, or employee received for the campaign, the complete name
85	85	and address of the contributor, and the date and amount of the
86	86	contribution;
87	87	(2) each speaker campaign contribution of services and
88	88	other things of value other than money that the speaker candidate or
89	89	the speaker candidate's agent, servant, staff member, or employee
90	90	received for the campaign, the nature of the contribution, the
91	91	complete name and address of the contributor, and the date and value
92	92	of the contribution;
93	93	(3) each loan made to the speaker candidate or to the
94	94	speaker candidate's agent, servant, staff member, or employee for
95	95	the campaign, including all loans listed in previous filings that
96	96	are as yet unpaid or that were paid during the period covered by the
97	97	present filing, the complete name and address of the lender and each
98	98	person other than the speaker candidate who is responsible on the
99	99	note, the date and amount of the note, the intended source of funds
100	100	to repay the note, and any payments already made on the note and the
101	101	source of the payments; [and]
102	102	(4) each expenditure of speaker campaign funds that
103	103	the speaker candidate or the speaker candidate's agent, servant,
104	104	staff member, or employee made for the campaign, the complete name
105	105	and address of each person to whom a payment of more than $10 was
106	106	made, and the purpose of each expenditure;
107	107	(5) the total amount of all speaker campaign
108	108	contributions accepted and the total amount of all speaker campaign
109	109	expenditures made during the reporting period; and
110	110	(6) as of the last day of a reporting period for which
111	111	the person is required to file a statement, the total amount of
112	112	speaker campaign contributions accepted, including interest or
113	113	other income on those contributions, maintained in one or more
114	114	accounts in which speaker campaign contributions are deposited as
115	115	of the last day of the reporting period.
116	116	(b) A de minimis error in calculating or reporting a cash
117	117	balance under Subsection (a)(6) is not a violation of this section.
118	118	(c) If no reportable activity occurs during a reporting
119	119	period, the person required to file a statement shall indicate that
120	120	fact in the statement.
121	121	SECTION 6. Section 302.016, Government Code, is amended by
122	122	adding Subsections (c), (d), and (e) to read as follows:
123	123	(c) The Texas Ethics Commission shall make each statement or
124	124	report filed with the commission under this subchapter available to
125	125	the public on the Internet not later than the second business day
126	126	after the date the statement or report is filed.
127	127	(d) The access allowed by this section to statements and
128	128	reports is in addition to the public's access to the information
129	129	through other electronic or print distribution of the information.
130	130	(e) Before making a statement or report filed under this
131	131	subchapter available on the Internet, the commission shall remove
132	132	each portion, other than city, state, and zip code, of the address
133	133	of a person listed as having made a speaker campaign contribution to
134	134	the speaker candidate filing the statement or report. The address
135	135	information removed must remain available on the statement or
136	136	report maintained in the commission's office but may not be
137	137	available electronically at that office.
138	138	SECTION 7. The heading to Section 302.017, Government Code,
139	139	is amended to read as follows:
140	140	Sec. 302.017. CONTRIBUTIONS AND LOANS FROM AND EXPENDITURES
141	141	BY ORGANIZATIONS.
142	142	SECTION 8. Section 302.017, Government Code, is amended by
143	143	amending Subsection (a) and adding Subsection (a-1) to read as
144	144	follows:
145	145	(a) A [Except as provided by Subsection (b), a] corporation,
146	146	partnership, association, firm, labor organization [union],
147	147	foundation, committee, club, or other organization or group of
148	148	persons may make a contribution to, or an expenditure on behalf of,
149	149	[not contribute or lend or promise to contribute or lend money or
150	150	other things of value to] a speaker candidate or to any other
151	151	person, directly or indirectly, to aid or defeat the election of a
152	152	speaker candidate only if:
153	153	(1) the corporation, partnership, association, firm,
154	154	labor organization, foundation, committee, club, or other
155	155	organization or group of persons is permitted to make a
156	156	contribution to or expenditure for a candidate under Title 15,
157	157	Election Code;
158	158	(2) the contribution or expenditure is made as
159	159	prescribed by that title; and
160	160	(3) the contribution or expenditure is reported to the
161	161	Texas Ethics Commission in the manner provided by that title for
162	162	reporting contributions and expenditures made under that title.
163	163	(a-1) A report under this section shall be made separately
164	164	from other reports required to be filed under Title 15, Election
165	165	Code.
166	166	SECTION 9. Section 302.019, Government Code, is amended by
167	167	amending Subsections (a) and (b) and adding Subsections (a-1), (d),
168	168	and (e) to read as follows:
169	169	(a) Except as provided by this section, a speaker candidate
170	170	may not knowingly accept speaker campaign contributions from an
171	171	individual that in the aggregate exceed $1,000 in a speaker
172	172	election cycle.
173	173	(a-1) A speaker campaign contribution consisting of
174	174	personal travel expenses or personal services to aid or defeat a
175	175	speaker candidate incurred by [Section 302.017 or 302.018,] an
176	176	individual other than the speaker candidate for which the
177	177	individual is not reimbursed or compensated:
178	178	(1) is not subject to the limit prescribed by
179	179	Subsection (a); and
180	180	(2) is not required to be reported under this
181	181	subchapter [may contribute personal services and traveling
182	182	expenses to aid or defeat a speaker candidate].
183	183	(b) Except as otherwise provided by law, an [An] individual
184	184	other than the speaker candidate not acting in concert with another
185	185	person may make one or more expenditures to aid or defeat the
186	186	election of a speaker candidate from the individual's own property
187	187	if:
188	188	(1) the expenditures do not constitute a contribution
189	189	to the speaker candidate;
190	190	(2) the total expenditures on any one or more speaker
191	191	candidates do not exceed [expend a total of not more than] $100; and
192	192	(3) the individual receives no reimbursement for the
193	193	expenditures [for the cost of correspondence to aid or defeat the
194	194	election of a speaker candidate].
195	195	(d) Except as otherwise provided by law, an individual not
196	196	acting in concert with another person may make one or more
197	197	expenditures to aid or defeat the election of a speaker candidate
198	198	from the individual's own property that exceed $100 on any one or
199	199	more candidates if:
200	200	(1) the expenditures do not constitute a contribution
201	201	to the speaker candidate;
202	202	(2) the individual complies with Chapter 254, Election
203	203	Code, as if the individual were a campaign treasurer of a political
204	204	committee; and
205	205	(3) the individual receives no reimbursement for the
206	206	expenditures.
207	207	(e) An individual making an expenditure under this section
208	208	is not required to file a campaign treasurer appointment under
209	209	Title 15, Election Code.
210	210	SECTION 10. Section 302.020, Government Code, is amended to
211	211	read as follows:
212	212	Sec. 302.020. SPEAKER CAMPAIGN [PERMITTED] EXPENDITURES.
213	213	(a) A speaker candidate may expend speaker campaign funds for:
214	214	(1) travel for the speaker candidate and the speaker
215	215	candidate's immediate family and campaign staff;
216	216	(2) the employment of clerks and stenographers;
217	217	(3) clerical and stenographic supplies;
218	218	(4) printing and stationery;
219	219	(5) office rent;
220	220	(6) telephone, telegraph, postage, freight, and
221	221	express expenses;
222	222	(7) advertising and publicity;
223	223	(8) the expenses of holding political and other
224	224	meetings designed to promote the candidacy;
225	225	(9) the employment of legal counsel; and
226	226	(10) the retirement of campaign loans.
227	227	(b) A speaker candidate may not expend speaker campaign
228	228	funds on professional fund-raising services.
229	229	SECTION 11. Sections 302.0201(a), (c), and (d), Government
230	230	Code, are amended to read as follows:
231	231	(a) A former speaker candidate may:
232	232	(1) use unexpended speaker campaign funds to retire
233	233	debt incurred in connection with the speaker candidacy; or
234	234	(2) remit unexpended speaker campaign funds to one or
235	235	more of the following:
236	236	(A) one or more persons from whom speaker
237	237	campaign funds were received, in accordance with Subsection (c); or
238	238	(B) the comptroller for deposit in the general
239	239	revenue fund to the credit of the house of representatives [a
240	240	recognized charitable organization formed for educational,
241	241	religious, or scientific purposes that is exempt from taxation
242	242	under Section 501(c)(3), Internal Revenue Code of 1986, and its
243	243	subsequent amendments].
244	244	(c) The amount of speaker campaign funds disposed of under
245	245	Subsection (a)(2)(A) to one person may not exceed the aggregate
246	246	amount accepted from that person in connection with the former
247	247	speaker candidate's most recent campaign for election to the office
248	248	of speaker.
249	249	(d) Not later than January 15 of each year, a former speaker
250	250	candidate who retains unexpended speaker campaign funds shall file
251	251	a sworn report with the Texas Ethics Commission that includes:
252	252	(1) the full name and address of each person to whom a
253	253	payment from unexpended speaker campaign funds is made;
254	254	(2) the date and amount of each payment reported under
255	255	Subdivision (1); and
256	256	(3) the information required by Section 302.014 as to
257	257	any contribution, loan, or expenditure not previously reported on a
258	258	statement filed under Section 302.013.
259	259	SECTION 12. Subchapter B, Chapter 302, Government Code, is
260	260	amended by adding Section 302.0202 to read as follows:
261	261	Sec. 302.0202. REQUIRED DISCLOSURE ON SPEAKER CAMPAIGN
262	262	ADVERTISING. (a) A person may not knowingly enter into a contract
263	263	or other agreement to print, publish, or broadcast speaker campaign
264	264	advertising that does not indicate in the advertising:
265	265	(1) that it is speaker campaign advertising;
266	266	(2) the full name of the individual who personally
267	267	entered into the contract or agreement with the printer, publisher,
268	268	or broadcaster and the name of the person, if any, that the
269	269	individual represents; and
270	270	(3) in the case of advertising that is printed or
271	271	published, the address of the individual who personally entered
272	272	into the agreement with the printer or publisher and the address of
273	273	the person, if any, that the individual represents.
274	274	(b) Subsection (a) does not apply to a printer, publisher,
275	275	or broadcaster of speaker campaign advertising or an agent or
276	276	employee of the printer, publisher, or broadcaster if:
277	277	(1) the person entering into the contract or agreement
278	278	with the printer, publisher, or broadcaster is not the actual
279	279	sponsor of the advertising but is the sponsor's professional
280	280	advertising agent conducting business in this state; or
281	281	(2) the advertising is procured by the actual sponsor
282	282	of the speaker campaign advertising and, before the performance of
283	283	the contract or agreement, the sponsor is given written notice as
284	284	provided by Subsection (d).
285	285	(c) A professional advertising agent conducting business in
286	286	this state who seeks to procure the printing, publication, or
287	287	broadcasting of speaker campaign advertising on behalf of the
288	288	sponsor of the advertising may not enter into a contract or
289	289	agreement for the printing, publication, or broadcasting of speaker
290	290	campaign advertising unless, before the performance of the contract
291	291	or agreement, the agent gives the sponsor written notice as
292	292	provided by Subsection (d).
293	293	(d) The notice required by Subsections (b) and (c) must be
294	294	substantially as follows:
295	295	"Section 302.0202, Government Code, requires speaker campaign
296	296	advertising to disclose certain information. A person who
297	297	knowingly enters into a contract or other agreement to print,
298	298	publish, or broadcast speaker campaign advertising that does not
299	299	contain the information required under that section commits an
300	300	offense that is a Class A misdemeanor."
301	301	SECTION 13. Section 302.021, Government Code, is amended by
302	302	amending Subsections (a) and (b) and adding Subsections (b-1),
303	303	(b-2), and (g) to read as follows:
304	304	(a) A speaker candidate or former speaker candidate commits
305	305	an offense if the person:
306	306	(1) knowingly fails to file the declaration of
307	307	candidacy required by Section 302.0121;
308	308	(2) knowingly fails to file the statement required by
309	309	Section 302.013;
310	310	(3) knowingly accepts a speaker campaign
311	311	contribution, loan, or promise of a speaker campaign contribution
312	312	or loan in violation of Section 302.0121(c);
313	313	(4) knowingly accepts a speaker campaign
314	314	contribution, loan, or promise of a speaker campaign contribution
315	315	or loan prohibited by Section 302.017 from a corporation,
316	316	partnership, association, firm, labor organization [union],
317	317	foundation, committee, club, or other organization or group of
318	318	persons;
319	319	(5) knowingly accepts a speaker campaign contribution
320	320	from an individual that, when aggregated with each other speaker
321	321	campaign contribution from the individual accepted during the same
322	322	speaker campaign cycle, exceeds the limit prescribed by Section
323	323	302.019(a);
324	324	(6) knowingly accepts a speaker campaign contribution
325	325	from a person who uses political contributions, interest earned on
326	326	political contributions, or an asset purchased with political
327	327	contributions to make the speaker campaign contribution in
328	328	violation of Section 302.0191;
329	329	(7) [(6)] expends speaker campaign funds for any
330	330	purpose other than those enumerated in Section 302.020(a)
331	331	[302.020];
332	332	(8) [(7)] knowingly retains speaker campaign
333	333	contributions, assets purchased with speaker campaign
334	334	contributions, or interest or other income earned on speaker
335	335	campaign contributions in violation of Section 302.0201(b); or
336	336	(9) [(8)] knowingly fails to file the report of
337	337	unexpended speaker campaign funds as required by Section
338	338	302.0201(d).
339	339	(b) An individual or an agent, officer, or director of a
340	340	corporation, partnership, association, firm, labor organization
341	341	[union], foundation, committee, club, or other organization or
342	342	group of persons commits an offense if the individual or agent,
343	343	officer, or director consents to a contribution or expenditure[,
344	344	loan, or promise of a contribution or loan] prohibited by this
345	345	subchapter.
346	346	(b-1) A person commits an offense if the person enters into
347	347	a contract or other agreement to print, publish, or broadcast
348	348	speaker campaign advertising that does not contain the disclosure
349	349	required by Section 302.0202(a).
350	350	(b-2) A professional advertising agent commits an offense
351	351	if the agent seeks to procure the printing, publication, or
352	352	broadcasting of speaker campaign advertising on behalf of the
353	353	sponsor of the advertising without giving the sponsor written
354	354	notice as required by Sections 302.0202(c) and (d).
355	355	(g) A speaker candidate who commits an offense under this
356	356	section is not entitled to have the speaker candidate's name placed
357	357	in nomination for election as speaker.
358	358	SECTION 14. Subchapter B, Chapter 302, Government Code, is
359	359	amended by adding Section 302.023 to read as follows:
360	360	Sec. 302.023. ENFORCEMENT BY TEXAS ETHICS COMMISSION. The
361	361	Texas Ethics Commission may enforce this subchapter in the same
362	362	manner as the commission enforces Title 15, Election Code.
363	363	SECTION 15. Sections 302.019(c) and 302.021(d) and (e),
364	364	Government Code, are repealed.
365	365	SECTION 16. (a) Subchapter B, Chapter 302, Government Code,
366	366	as amended by this Act, applies only to an offense committed on or
367	367	after September 1, 2009. For purposes of this section, an offense is
368	368	committed before September 1, 2009, if any element of the offense
369	369	occurs before that date.
370	370	(b) An offense committed before September 1, 2009, is
371	371	covered by the law in effect when the offense was committed, and the
372	372	former law is continued in effect for that purpose.
373	373	SECTION 17. This Act takes effect September 1, 2009.