81R4716 ESH-D
By: Villarreal H.B. No. 4527
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of political contributions and
expenditures by certain political subdivisions; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 15, Election Code, is amended by adding
Chapter 260 to read as follows:
CHAPTER 260. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS
Sec. 260.001. APPLICABILITY OF CHAPTER. This chapter
applies only to:
(1) an election for an office of:
(A) a county;
(B) an independent school district;
(C) a junior college district; or
(D) a district to which Chapter 49, Water Code,
applies; or
(2) an election on a measure ordered by the governing
body of a political subdivision described by Subdivision (1).
Sec. 260.002. REGULATION BY CERTAIN POLITICAL
SUBDIVISIONS. (a) The governing body of a political subdivision to
which this chapter applies may regulate:
(1) political contributions to and expenditures by:
(A) a candidate for or holder of an elected
office in the political subdivision;
(B) a specific-purpose committee for the purpose
of supporting or opposing a candidate described by Paragraph (A) or
assisting an officeholder described by Paragraph (A); or
(C) a general-purpose committee involved in an
election for an elected office of the political subdivision; or
(2) political contributions and expenditures related
to an election on a measure ordered by the governing body.
(b) A regulation authorized by Subsection (a) may not be
inconsistent with a provision of this title, except that the
governing body may adopt a regulation that is more stringent than a
provision of this title.
Sec. 260.003. ENFORCEMENT. (a) The governing body of a
political subdivision to which this chapter applies may adopt
procedures for the enforcement of regulations adopted under this
chapter, including procedures authorizing suit to be brought in the
district court for appropriate injunctive relief to prevent the
violation or threatened violation of a regulation adopted under
this chapter from continuing or occurring.
(b) The governing body of a political subdivision to which
this chapter applies may impose an administrative penalty for a
violation of a regulation adopted under this chapter. The amount of
an administrative penalty under this subsection may not exceed the
lesser of:
(1) $2,000; or
(2) three times the amount at issue in the violation.
(c) A person commits an offense if the person violates a
regulation adopted under this chapter. An offense under this
subsection is a Class C misdemeanor.
SECTION 2. This Act takes effect September 1, 2009.