| 1 | 1 | | 81R4716 ESH-D |
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| 2 | 2 | | By: Villarreal H.B. No. 4527 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of political contributions and |
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| 8 | 8 | | expenditures by certain political subdivisions; providing |
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| 9 | 9 | | penalties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 15, Election Code, is amended by adding |
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| 12 | 12 | | Chapter 260 to read as follows: |
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| 13 | 13 | | CHAPTER 260. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS |
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| 14 | 14 | | Sec. 260.001. APPLICABILITY OF CHAPTER. This chapter |
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| 15 | 15 | | applies only to: |
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| 16 | 16 | | (1) an election for an office of: |
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| 17 | 17 | | (A) a county; |
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| 18 | 18 | | (B) an independent school district; |
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| 19 | 19 | | (C) a junior college district; or |
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| 20 | 20 | | (D) a district to which Chapter 49, Water Code, |
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| 21 | 21 | | applies; or |
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| 22 | 22 | | (2) an election on a measure ordered by the governing |
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| 23 | 23 | | body of a political subdivision described by Subdivision (1). |
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| 24 | 24 | | Sec. 260.002. REGULATION BY CERTAIN POLITICAL |
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| 25 | 25 | | SUBDIVISIONS. (a) The governing body of a political subdivision to |
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| 26 | 26 | | which this chapter applies may regulate: |
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| 27 | 27 | | (1) political contributions to and expenditures by: |
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| 28 | 28 | | (A) a candidate for or holder of an elected |
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| 29 | 29 | | office in the political subdivision; |
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| 30 | 30 | | (B) a specific-purpose committee for the purpose |
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| 31 | 31 | | of supporting or opposing a candidate described by Paragraph (A) or |
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| 32 | 32 | | assisting an officeholder described by Paragraph (A); or |
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| 33 | 33 | | (C) a general-purpose committee involved in an |
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| 34 | 34 | | election for an elected office of the political subdivision; or |
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| 35 | 35 | | (2) political contributions and expenditures related |
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| 36 | 36 | | to an election on a measure ordered by the governing body. |
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| 37 | 37 | | (b) A regulation authorized by Subsection (a) may not be |
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| 38 | 38 | | inconsistent with a provision of this title, except that the |
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| 39 | 39 | | governing body may adopt a regulation that is more stringent than a |
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| 40 | 40 | | provision of this title. |
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| 41 | 41 | | Sec. 260.003. ENFORCEMENT. (a) The governing body of a |
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| 42 | 42 | | political subdivision to which this chapter applies may adopt |
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| 43 | 43 | | procedures for the enforcement of regulations adopted under this |
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| 44 | 44 | | chapter, including procedures authorizing suit to be brought in the |
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| 45 | 45 | | district court for appropriate injunctive relief to prevent the |
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| 46 | 46 | | violation or threatened violation of a regulation adopted under |
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| 47 | 47 | | this chapter from continuing or occurring. |
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| 48 | 48 | | (b) The governing body of a political subdivision to which |
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| 49 | 49 | | this chapter applies may impose an administrative penalty for a |
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| 50 | 50 | | violation of a regulation adopted under this chapter. The amount of |
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| 51 | 51 | | an administrative penalty under this subsection may not exceed the |
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| 52 | 52 | | lesser of: |
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| 53 | 53 | | (1) $2,000; or |
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| 54 | 54 | | (2) three times the amount at issue in the violation. |
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| 55 | 55 | | (c) A person commits an offense if the person violates a |
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| 56 | 56 | | regulation adopted under this chapter. An offense under this |
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| 57 | 57 | | subsection is a Class C misdemeanor. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2009. |
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