81R1331 ATP-D
By: Ellis S.B. No. 143
A BILL TO BE ENTITLED
AN ACT
relating to limits on political contributions and direct campaign
expenditures by individuals; providing civil and criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.003(e), Election Code, is amended to
read as follows:
(e) A violation of Subsection (a) or (b) is a felony of the
third degree if the contribution is made in violation of Subchapter
D or G.
SECTION 2. Chapter 253, Election Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. AGGREGATE LIMIT ON CONTRIBUTIONS
BY INDIVIDUAL
Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to:
(1) a political contribution to a political committee
established by a political party;
(2) a political contribution to a candidate for or
holder of one of the following offices:
(A) a statewide executive office;
(B) the office of state senator;
(C) the office of state representative; or
(D) the office of member, State Board of
Education;
(3) a political contribution to a specific-purpose
committee for supporting or opposing a candidate for an office
described by Subdivision (2) or assisting a holder of such an
office; and
(4) a direct campaign expenditure in connection with
an office described by Subdivision (2).
Sec. 253.202. DEFINITION. In this subchapter, "election
cycle" means the period beginning on January 1 of an odd-numbered
year and ending on December 31 of the following even-numbered year.
Sec. 253.203. CONTRIBUTION LIMITS. (a) An individual may
not knowingly make or authorize political contributions to which
this subchapter applies that in the aggregate exceed $100,000 in an
election cycle.
(b) A contribution by the spouse or child of an individual
is considered to be a contribution by the individual. In this
subsection, "child" means an individual who is younger than 18
years of age and who has not had the disabilities of minority
removed for general purposes.
(c) A candidate, officeholder, or political committee may
not knowingly accept a political contribution that the person knows
to have been made or authorized in violation of Subsection (a). A
candidate, officeholder, or political committee that receives a
political contribution made in violation of Subsection (a) shall
return the contribution to the individual making the contribution
not later than the 10th day after the date on which the person
determines the contribution has been made in violation of
Subsection (a).
(d) A person may not knowingly aid or abet the making of a
political contribution in violation of Subsection (a).
(e) A person who violates this section commits an offense.
An offense under this subsection is a felony of the third degree.
Sec. 253.204. RECEIPT OF CONTRIBUTION INTENDED FOR ANOTHER.
For purposes of Section 253.203, a political contribution is
considered to be a contribution to a candidate, officeholder, or
political committee if the person making the contribution in any
way indicates to the person receiving the contribution that the
contribution is intended for the candidate, officeholder, or
committee. A person who receives a political contribution to which
this section applies shall:
(1) report the contribution under Chapter 254 as if
the person were a general-purpose committee;
(2) notify in writing the candidate, officeholder, or
political committee for whom the contribution is intended of the
amount of the contribution, the date it was made, and the name and
address of the person making the contribution; and
(3) not later than the 14th business day after the date
on which the person receives the contribution, deliver the
contribution to the candidate, officeholder, or political
committee for whom the contribution is intended.
Sec. 253.205. CERTAIN DIRECT CAMPAIGN EXPENDITURES
CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
253.203, a direct campaign expenditure is considered to be a
campaign contribution to a candidate if it is made with the
cooperation or prior consent of, in consultation with, or at the
suggestion of:
(1) the candidate;
(2) a specific-purpose committee for supporting the
candidate or opposing the candidate's opponent; or
(3) a person acting with the candidate's knowledge and
consent.
Sec. 253.206. REVIEW OF CONTRIBUTIONS BY COMMISSION. Not
later than March 1 of each odd-numbered year, the commission shall:
(1) conduct a comprehensive computer review of the
commission's records of political contributions made by
individuals during the preceding election cycle to determine if any
individual exceeded the limit prescribed by Section 253.203; and
(2) make the results of the review available to the
public.
SECTION 3. Section 254.034, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) This section applies to a political contribution
covered by Subchapter G, Chapter 253, except as provided by Section
253.203.
SECTION 4. Subchapter G, Chapter 253, Election Code, as
added by this Act, applies only to a political contribution or
direct campaign expenditure made on or after September 1, 2009. A
political contribution or direct campaign expenditure made before
September 1, 2009, is governed by the law in effect at the time the
contribution or expenditure was made and is not aggregated with
political contributions or direct campaign expenditures made on or
after that date.
SECTION 5. This Act takes effect September 1, 2009.