Texas 2009 - 81st Regular

Texas Senate Bill SB613 Compare Versions

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

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1	1	81R2358 CAE-D
2	2	By: Shapleigh S.B. No. 613
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to political contributions and expenditures; providing
8	8	civil and criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.001, Election Code, is amended by
11	11	amending Subdivisions (2) and (8) and adding Subdivisions (21)
12	12	through (33) to read as follows:
13	13	(2) "Contribution" means a direct or indirect transfer
14	14	of money, goods, services, or any other thing of value and includes
15	15	an agreement made or other obligation incurred, whether legally
16	16	enforceable or not, to make a transfer. The term:
17	17	(A) includes:
18	18	(i) a loan or extension of credit, other
19	19	than those expressly excluded by this subdivision;
20	20	(ii) [, and] a guarantee of a loan or
21	21	extension of credit, including a loan described by Subparagraph
22	22	(i);
23	23	(iii) a coordinated expenditure; or
24	24	(iv) the provision of in-kind professional
25	25	political services, including legal advice, polling, media
26	26	consulting, direct mailing, and fund-raising to a candidate,
27	27	officeholder, political party, or political committee; and
28	28	(B) [this subdivision. The term] does not
29	29	include:
30	30	(i) [(A)] a loan made in the due course of
31	31	business by a corporation that is legally engaged in the business of
32	32	lending money and that has conducted the business continuously for
33	33	more than one year before the loan is made; or
34	34	(ii) [(B)] an expenditure required to be
35	35	reported under Section 305.006(b), Government Code.
36	36	(8) "Direct campaign expenditure" means an [a
37	37	campaign] expenditure by a person for a communication that is
38	38	express advocacy or an electioneering communication and that is not
39	39	a coordinated expenditure with a candidate, officeholder,
40	40	political committee, or agent of a candidate, officeholder, or
41	41	political committee [that does not constitute a campaign
42	42	contribution by the person making the expenditure].
43	43	(21) "Membership organization" means a trade
44	44	association, cooperative, or corporation without capital stock
45	45	that:
46	46	(A) is composed of members, some or all of whom
47	47	are vested with the authority to operate or administer the
48	48	organization according to the organization's articles, bylaws,
49	49	constitution, or other formal organizational documents;
50	50	(B) expressly states the qualifications and
51	51	requirements for membership in its articles, bylaws, constitution,
52	52	or other formal organizational documents;
53	53	(C) makes its articles, bylaws, constitution, or
54	54	other formal organizational documents available to its members upon
55	55	request;
56	56	(D) solicits persons to become members;
57	57	(E) expressly acknowledges the acceptance of
58	58	membership by sending a membership card, including the member's
59	59	name on a membership newsletter list, or using another means; and
60	60	(F) is not organized primarily for the purpose of
61	61	influencing the nomination for election, or election, of an
62	62	individual to public office.
63	63	(22) "Member" means a person who:
64	64	(A) satisfies the requirements for membership in
65	65	a membership organization;
66	66	(B) affirmatively accepts the membership
67	67	organization's invitation to become a member;
68	68	(C) has a significant financial attachment to,
69	69	including a significant investment or ownership interest in, the
70	70	membership organization or pays membership dues, other than
71	71	payments to a separate segregated fund, at least annually to the
72	72	organization;
73	73	(D) has a significant organizational attachment
74	74	to the membership organization that includes affirmation of
75	75	membership on at least an annual basis; and
76	76	(E) has an opportunity to participate in any part
77	77	of the organization's decision-making.
78	78	(23) "Connected organization" means a corporation,
79	79	labor organization, or membership organization other than a
80	80	political committee, that directly or indirectly establishes or
81	81	administers a separate segregated fund.
82	82	(24) "Establishment or administration expense" means
83	83	an expenditure incurred in the normal course of business by an
84	84	organization, regardless of whether the organization engages in
85	85	political activity. An expenditure is an establishment or
86	86	administration expense if the expenditure:
87	87	(A) is for:
88	88	(i) office space;
89	89	(ii) phones;
90	90	(iii) salaries for routine clerical and
91	91	administrative assistance;
92	92	(iv) utilities;
93	93	(v) general office supplies;
94	94	(vi) legal and accounting fees for the
95	95	organization's compliance with this title;
96	96	(vii) office equipment; or
97	97	(viii) routine administrative expenses
98	98	incurred in setting up and administering a separate segregated
99	99	fund; and
100	100	(B) is not for political activity, including:
101	101	(i) political consulting;
102	102	(ii) telephone banks;
103	103	(iii) issue advocacy;
104	104	(iv) electioneering brochures and direct
105	105	mail;
106	106	(v) voter registration and
107	107	get-out-the-vote drives;
108	108	(vi) broadcast issue advertising or
109	109	electioneering communications;
110	110	(vii) other political advertising;
111	111	(viii) political fund-raising;
112	112	(ix) voter identification, lists, or
113	113	databases; and
114	114	(x) any other expenditure directly or
115	115	indirectly connected with an election or campaign for public
116	116	office.
117	117	(25) "Restricted class" means the group of individuals
118	118	who:
119	119	(A) for a corporation, are the stockholders,
120	120	employees, and families of the stockholders and employees of the
121	121	corporation or the corporation's subsidiaries, branches,
122	122	divisions, affiliates, or departments;
123	123	(B) for a labor organization, are the members,
124	124	employees, and families of the members and employees of the labor
125	125	organization; or
126	126	(C) for a membership organization:
127	127	(i) are the members, employees, and
128	128	families of employees of the organization; or
129	129	(ii) with respect to a solicitation for a
130	130	campaign contribution, are the stockholders, employees, and
131	131	families of stockholders and employees of a corporate member of a
132	132	membership organization that separately and specifically approves
133	133	the solicitation and does not approve a solicitation by any other
134	134	membership organization for the same calendar year.
135	135	(26) "Executive or administrative personnel" means
136	136	individuals employed by a corporation, labor organization, or
137	137	membership organization who are paid on a salary or commission
138	138	basis and who have policymaking, managerial, professional, or
139	139	supervisory responsibilities. The term includes officers,
140	140	executives, managers of a plant, division, or section of the
141	141	corporation or organization, lawyers, and engineers. The term does
142	142	not include professionals who are represented by a labor
143	143	organization, salaried foremen or supervisors having direct
144	144	supervision over hourly employees, former or retired personnel who
145	145	are not stockholders, or individuals who are not employees for the
146	146	purpose of income withholding tax on employee wages under the
147	147	Internal Revenue Code.
148	148	(27) "Separate segregated fund" means a fund
149	149	established under Section 253.1001.
150	150	(28) "Coordinated expenditure" means an expenditure
151	151	described by Section 251.010.
152	152	(29) "Electioneering communication" means a
153	153	communication that:
154	154	(A) is disseminated by a broadcast, cable, or
155	155	satellite communication, a mass mailing, or a telephone bank;
156	156	(B) refers to a clearly identified candidate;
157	157	(C) is publicly distributed:
158	158	(i) on or after the 60th day before a
159	159	general, special, or runoff election for the identified candidate;
160	160	or
161	161	(ii) on or after the 30th day before a
162	162	primary election;
163	163	(D) is targeted to the identified candidate's
164	164	relevant electorate; and
165	165	(E) is not:
166	166	(i) a public communication that refers to a
167	167	clearly identified candidate appearing in a news story, commentary,
168	168	editorial, or work intended for entertainment distributed through
169	169	the facilities of a bona fide broadcasting station, newspaper,
170	170	magazine, or other publication, unless such facilities are owned or
171	171	controlled by a political party, political committee, or candidate;
172	172	or
173	173	(ii) a communication to the restricted
174	174	class of the person making the communication.
175	175	(30) A communication is "targeted to the relevant
176	176	electorate" if it can be received by at least the lesser of 50,000
177	177	people or two percent of those eligible to vote for the candidate,
178	178	as specified by the secretary of state. Notwithstanding this
179	179	subdivision, a communication is not "targeted to the relevant
180	180	electorate" if it can only be received by fewer than 500 people.
181	181	(31) "Mass mailing" means the mailing or facsimile
182	182	transmission of more than 500 identical or substantially similar
183	183	documents within a 30-day period.
184	184	(32) A communication is made by a "telephone bank" if
185	185	more than 500 telephone calls with an identical or substantially
186	186	similar message are made within a 30-day period.
187	187	(33) "Express advocacy" means a communication that
188	188	refers to a clearly identified candidate and that expressly
189	189	advocates for or against the candidate, regardless of the words
190	190	contained in the communication. The term "express advocacy" does
191	191	not include:
192	192	(A) a communication that refers to a clearly
193	193	identified candidate appearing in a news story, commentary,
194	194	editorial, or work intended for entertainment distributed through
195	195	the facilities of a bona fide broadcasting station, newspaper,
196	196	magazine, or other publication, unless such facilities are owned or
197	197	controlled by a political party, political committee, or candidate;
198	198	or
199	199	(B) a communication to the restricted class of
200	200	the person making the communication.
201	201	SECTION 2. Subchapter A, Chapter 251, Election Code, is
202	202	amended by adding Section 251.010 to read as follows:
203	203	Sec. 251.010. COORDINATED EXPENDITURES. An expenditure is
204	204	coordinated with a candidate, officeholder, political party, or
205	205	political committee if the expenditure is made:
206	206	(1) in cooperation, consultation, or concert with, at
207	207	the request or suggestion of, or under an understanding with the
208	208	candidate, officeholder, political party, or political committee
209	209	or an agent acting on behalf of the candidate, officeholder, party,
210	210	or committee;
211	211	(2) wholly or partly for the production,
212	212	dissemination, distribution, or publication of political
213	213	advertising or a campaign communication prepared by the candidate,
214	214	officeholder, or political committee or an agent acting on behalf
215	215	of the candidate, officeholder, or committee;
216	216	(3) by a person based on information that the
217	217	candidate, officeholder, or political committee or an agent acting
218	218	on behalf of the candidate, officeholder, or committee provides to
219	219	the person about a candidate's, officeholder's, or committee's
220	220	plans, projects, or needs to the person making the expenditure with
221	221	the intent that the expenditure be made;
222	222	(4) by a person who, in the same semiannual reporting
223	223	period as that in which the expenditure is made, is serving or has
224	224	served in an executive or policymaking position as a member,
225	225	employee, fund-raiser, or agent of the candidate, officeholder, or
226	226	political committee or an agent acting on behalf of the candidate,
227	227	officeholder, or committee;
228	228	(5) by a person who retains the professional advisory
229	229	or consulting services of another person who has provided or is
230	230	providing campaign-related services in the same semiannual
231	231	reporting period as that in which the expenditure is made to the
232	232	candidate or officeholder, including services relating to the
233	233	candidate's or officeholder's decision to seek the office;
234	234	(6) for fund-raising activities with or for the
235	235	candidate, officeholder, or political committee or an agent acting
236	236	on behalf of the candidate, officeholder, or committee, or for the
237	237	solicitation or receipt of political contributions on behalf of the
238	238	candidate, officeholder, or political committee or an agent acting
239	239	on behalf of the candidate, officeholder, or committee; or
240	240	(7) for a communication that clearly identifies a
241	241	candidate if the person making the expenditure informs the
242	242	candidate, officeholder, or political committee or an agent acting
243	243	on behalf of the candidate, officeholder, or committee about the
244	244	communication's contents, intended audience, timing, location,
245	245	mode, or frequency of dissemination, and the candidate,
246	246	officeholder, committee, or agent approves the communication.
247	247	SECTION 3. Section 253.002(a), Election Code, is amended to
248	248	read as follows:
249	249	(a) A person may not knowingly make, [or] authorize, or aid
250	250	the making of a direct campaign expenditure.
251	251	SECTION 4. Section 253.061, Election Code, is amended to
252	252	read as follows:
253	253	Sec. 253.061. DIRECT EXPENDITURE OF $1,000 [$100] OR LESS.
254	254	Except as otherwise provided by law, an individual not acting in
255	255	concert with another person may make one or more direct campaign
256	256	expenditures in an election from the individual's own property if:
257	257	(1) the total expenditures on any one or more
258	258	candidates or measures do not exceed $1,000 [$100]; and
259	259	(2) the individual receives no reimbursement for the
260	260	expenditures.
261	261	SECTION 5. The heading to Section 253.062, Election Code,
262	262	is amended to read as follows:
263	263	Sec. 253.062. DIRECT EXPENDITURE EXCEEDING $1,000 [$100].
264	264	SECTION 6. Section 253.062(a), Election Code, is amended to
265	265	read as follows:
266	266	(a) Except as otherwise provided by law, an individual not
267	267	acting in concert with another person may make one or more direct
268	268	campaign expenditures in an election from the individual's own
269	269	property that exceed $1,000 [$100] on any one or more candidates or
270	270	measures if:
271	271	(1) the individual complies with Chapter 254 as if the
272	272	individual were a campaign treasurer of a political committee; and
273	273	(2) the individual receives no reimbursement for the
274	274	expenditures.
275	275	SECTION 7. The heading to Subchapter D, Chapter 253,
276	276	Election Code, is amended to read as follows:
277	277	SUBCHAPTER D. CORPORATIONS, [AND] LABOR ORGANIZATIONS, AND
278	278	MEMBERSHIP ORGANIZATIONS
279	279	SECTION 8. Section 253.091, Election Code, is amended to
280	280	read as follows:
281	281	Sec. 253.091. CORPORATIONS COVERED. This subchapter
282	282	applies only to:
283	283	(1) corporations that are organized under the Texas
284	284	Business Corporation Act, the Texas For-Profit Corporation Law, the
285	285	Texas Non-Profit Corporation Act, the Texas Nonprofit Corporation
286	286	Law, federal law, or law of another state or nation; and
287	287	(2) an entity with a parent, subsidiary, division, or
288	288	affiliate described by Subdivision (1).
289	289	SECTION 9. Section 253.095, Election Code, is amended to
290	290	read as follows:
291	291	Sec. 253.095. PUNISHMENT OF AGENT. An officer, director,
292	292	representative, or other agent of or a person who aids a corporation
293	293	or labor organization that [who] commits an offense under this
294	294	subchapter is punishable for the grade of offense applicable to the
295	295	corporation or labor organization.
296	296	SECTION 10. The heading to Section 253.098, Election Code,
297	297	is amended to read as follows:
298	298	Sec. 253.098. COMMUNICATION WITH RESTRICTED CLASS
299	299	[STOCKHOLDERS OR MEMBERS].
300	300	SECTION 11. Section 253.098(a), Election Code, is amended
301	301	to read as follows:
302	302	(a) A corporation, [or] labor organization, or membership
303	303	organization may make one or more direct campaign expenditures from
304	304	its own property for the purpose of communicating directly with its
305	305	restricted class [stockholders or members, as applicable, or with
306	306	the families of its stockholders or members].
307	307	SECTION 12. Section 253.099(a), Election Code, is amended
308	308	to read as follows:
309	309	(a) A corporation, [or] labor organization, or membership
310	310	organization may make one or more expenditures from its own
311	311	property to finance nonpartisan voter registration and
312	312	get-out-the-vote campaigns aimed at its restricted class
313	313	[stockholders or members, as applicable, or at the families of its
314	314	stockholders or members].
315	315	SECTION 13. Subchapter D, Chapter 253, Election Code, is
316	316	amended by adding Sections 253.1001 and 253.1002 to read as
317	317	follows:
318	318	Sec. 253.1001. EXPENDITURES FOR SEPARATE SEGREGATED FUND.
319	319	(a) A corporation, labor organization, or membership organization,
320	320	other than a political committee, may make political expenditures
321	321	from its own treasury funds and property to finance the
322	322	establishment or administration expenses of not more than one
323	323	separate segregated fund.
324	324	(b) For purposes of this section, all parents,
325	325	subsidiaries, branches, divisions, and affiliates of a corporation
326	326	or membership organization count as a single entity.
327	327	(c) A corporation or labor organization may make a political
328	328	expenditure from its own treasury funds or property for
329	329	establishment or administration expenses of one membership
330	330	organization of which it is a member.
331	331	(d) Money in a separate segregated fund from corporate,
332	332	labor organization, or membership organization treasury funds
333	333	shall be kept in a separate account and may not be commingled with
334	334	any other funds. A person who knowingly violates this subsection
335	335	commits an offense. An offense under this subsection is a Class A
336	336	misdemeanor.
337	337	(e) A separate segregated fund shall be treated as a
338	338	general-purpose committee and shall comply with the provisions of
339	339	this title applicable to a general-purpose committee as if the
340	340	separate segregated fund were a general-purpose committee.
341	341	Sec. 253.1002. SOLICITATION FOR SEPARATE SEGREGATED FUNDS.
342	342	(a) Subject to Subsection (c), a connected organization may make a
343	343	political expenditure from its own treasury funds for expenses to
344	344	solicit or facilitate political contributions from its restricted
345	345	class for the organization's separate segregated fund.
346	346	(b) A connected organization may facilitate a political
347	347	contribution from its restricted class under Subsection (a) by
348	348	enabling a contribution to be made by a payroll deduction, checking
349	349	a form to indicate a contribution is authorized, instituting a
350	350	periodic payment plan, or enclosing a return envelope in a
351	351	solicitation request. A connected organization may solicit a
352	352	voluntary political contribution from its restricted class under
353	353	Subsection (a) by mailings, oral requests, pamphlets, and other
354	354	means.
355	355	(c) A corporation or labor organization may not make more
356	356	than two written solicitations for contributions to the separate
357	357	segregated fund in a calendar year to employees who are not
358	358	stockholders, executive or administrative personnel, or the
359	359	families of stockholders or executive or administrative personnel.
360	360	SECTION 14. The heading to Section 253.101, Election Code,
361	361	is amended to read as follows:
362	362	Sec. 253.101. UNLAWFUL CONTRIBUTION OR EXPENDITURE [BY
363	363	COMMITTEE].
364	364	SECTION 15. Section 253.101, Election Code, is amended by
365	365	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
366	366	read as follows:
367	367	(a) A person, including a connected [political committee
368	368	assisted by a corporation or labor] organization, [under Section
369	369	253.100] may not make a political contribution or political
370	370	expenditure in whole or part from money that is known by the person
371	371	or a member or officer of the person [political committee] to be
372	372	dues, fees, or other money required as a condition of employment or
373	373	promotion or condition of membership in a labor organization.
374	374	(a-1) A person, including a connected organization, may not
375	375	use the establishment, administration, and solicitation process as
376	376	a means of exchanging treasury money for voluntary contributions.
377	377	(a-2) A person, including a connected organization, may
378	378	not, through a bonus, expense account, or another form of direct or
379	379	indirect compensation or reimbursement, pay another person for
380	380	making a political contribution.
381	381	SECTION 16. Sections 253.102(a) and (b), Election Code, are
382	382	amended to read as follows:
383	383	(a) A stockholder's, employee's or labor organization
384	384	member's contribution must be voluntary. A corporation, [or] labor
385	385	organization, membership organization, or other person [or a
386	386	political committee assisted by a corporation or labor organization
387	387	under Section 253.100] commits an offense if the person [it] uses or
388	388	threatens to use physical force, job discrimination, or financial
389	389	reprisal or gain against an employee or labor organization member
390	390	to obtain money or any other thing of value to benefit a candidate,
391	391	officeholder, political committee, or separate segregated fund or
392	392	to be used to influence the result of an election or to assist an
393	393	officeholder.
394	394	(b) A political committee assisted by a corporation or labor
395	395	organization [under Section 253.100] commits an offense if it
396	396	accepts or uses money or any other thing of value that is known by a
397	397	member or officer of the political committee to have been obtained
398	398	in violation of Subsection (a).
399	399	SECTION 17. Section 253.104(b), Election Code, is amended
400	400	to read as follows:
401	401	(b) A corporation or labor organization may not knowingly
402	402	make a contribution authorized by Subsection (a) during a period
403	403	beginning on the 60th day before the date of a general election for
404	404	state and county officers or a primary election and continuing
405	405	through the day of the election.
406	406	SECTION 18. Section 254.031(a), Election Code, is amended
407	407	to read as follows:
408	408	(a) Except as otherwise provided by this chapter, each
409	409	report filed under this chapter must include:
410	410	(1) the amount of political contributions from each
411	411	person that in the aggregate equal or exceed $100 [$50] and that are
412	412	accepted during the reporting period by the person or committee
413	413	required to file a report under this chapter, the full name and
414	414	address of the person making the contributions, and the dates of the
415	415	contributions;
416	416	(2) the amount of loans that are made during the
417	417	reporting period for campaign or officeholder purposes to the
418	418	person or committee required to file the report and that in the
419	419	aggregate equal or exceed $100 [$50], the dates the loans are made,
420	420	the interest rate, the maturity date, the type of collateral for the
421	421	loans, if any, the full name and address of the person or financial
422	422	institution making the loans, the full name and address, principal
423	423	occupation, and name of the employer of each guarantor of the loans,
424	424	the amount of the loans guaranteed by each guarantor, and the
425	425	aggregate principal amount of all outstanding loans as of the last
426	426	day of the reporting period;
427	427	(3) the amount of political expenditures that in the
428	428	aggregate equal or exceed $100 [$50] and that are made during the
429	429	reporting period, the full name and address of the persons to whom
430	430	the expenditures are made, and the dates and purposes of the
431	431	expenditures;
432	432	(4) the amount of each payment made during the
433	433	reporting period from a political contribution if the payment is
434	434	not a political expenditure, the full name and address of the person
435	435	to whom the payment is made, and the date and purpose of the
436	436	payment;
437	437	(5) the total amount or a specific listing of the
438	438	political contributions of [$50 or] less than $100 accepted and the
439	439	total amount or a specific listing of the political expenditures of
440	440	[$50 or] less than $100 made during the reporting period;
441	441	(6) the total amount of all political contributions
442	442	accepted and the total amount of all political expenditures made
443	443	during the reporting period;
444	444	(7) the name of each candidate or officeholder who
445	445	benefits from a direct campaign expenditure made during the
446	446	reporting period by the person or committee required to file the
447	447	report, and the office sought or held, excluding a direct campaign
448	448	expenditure that is made by the principal political committee of a
449	449	political party on behalf of a slate of two or more nominees of that
450	450	party; and
451	451	(8) as of the last day of a reporting period for which
452	452	the person is required to file a report, the total amount of
453	453	political contributions accepted, including interest or other
454	454	income on those contributions, maintained in one or more accounts
455	455	in which political contributions are deposited as of the last day of
456	456	the reporting period.
457	457	SECTION 19. Section 254.151, Election Code, is amended to
458	458	read as follows:
459	459	Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
460	460	to the contents required by Section 254.031, each report by a
461	461	campaign treasurer of a general-purpose committee must include:
462	462	(1) the committee's full name and address;
463	463	(2) the full name, residence or business street
464	464	address, and telephone number of the committee's campaign
465	465	treasurer;
466	466	(3) the identity and date of the election for which the
467	467	report is filed, if applicable;
468	468	(4) the name of each identified candidate or measure
469	469	or classification by party of candidates supported or opposed by
470	470	the committee, indicating whether the committee supports or opposes
471	471	each listed candidate, measure, or classification by party of
472	472	candidates;
473	473	(5) the name of each identified officeholder or
474	474	classification by party of officeholders assisted by the committee;
475	475	(6) the principal occupation of each person from whom
476	476	political contributions that in the aggregate equal or exceed $100
477	477	[$50] are accepted during the reporting period;
478	478	(7) the amount of each political expenditure in the
479	479	form of a political contribution made to a candidate, officeholder,
480	480	or another political committee that is returned to the committee
481	481	during the reporting period, the name of the person to whom the
482	482	expenditure was originally made, and the date it is returned;
483	483	(8) on a separate page or pages of the report, the
484	484	identification of any contribution from a corporation or labor
485	485	organization made and accepted under Subchapter D, Chapter 253; and
486	486	(9) on a separate page or pages of the report, the
487	487	identification of the name of the donor, the amount, and the date of
488	488	any expenditure made by a corporation or labor organization to:
489	489	(A) establish or administer the political
490	490	committee; or
491	491	(B) finance the solicitation of political
492	492	contributions to the committee [under Section 253.100].
493	493	SECTION 20. Subchapter F, Chapter 254, Election Code, is
494	494	amended by adding Section 254.1511 to read as follows:
495	495	Sec. 254.1511. REPORTING OF EXPENDITURES BY SEPARATE
496	496	SEGREGATED FUND. A separate segregated fund shall report
497	497	expenditures made under Sections 253.098, 253.099, 253.1001, and
498	498	253.1002 on a separate schedule.
499	499	SECTION 21. Section 254.156, Election Code, is amended to
500	500	read as follows:
501	501	Sec. 254.156. CONTENTS OF MONTHLY REPORTS. Each monthly
502	502	report filed under this subchapter must comply with Sections
503	503	254.031 and 254.151 except that the maximum amount of a political
504	504	contribution, expenditure, or loan that is not required to be
505	505	individually reported is[:
506	506	[(1) $10 in the aggregate; or
507	507	[(2)] $20 in the aggregate [for a contribution
508	508	accepted by a general-purpose committee to which Section 254.1541
509	509	applies].
510	510	SECTION 22. Section 257.001, Election Code, is amended to
511	511	read as follows:
512	512	Sec. 257.001. PRINCIPAL POLITICAL COMMITTEE OF POLITICAL
513	513	PARTY. The state or county executive committee of a political party
514	514	may designate not more than one [a] general-purpose committee as
515	515	the principal political committee for that party in the state or
516	516	county, as applicable.
517	517	SECTION 23. Section 257.002, Election Code, is amended to
518	518	read as follows:
519	519	Sec. 257.002. REQUIREMENTS RELATING TO CORPORATE OR LABOR
520	520	UNION CONTRIBUTIONS. (a) A political party that accepts a
521	521	contribution authorized by Section 253.104 may use the contribution
522	522	only [to]:
523	523	(1) for its own establishment or administrative
524	524	expenses [defray normal overhead and administrative or operating
525	525	costs incurred by the party]; [or]
526	526	(2) to administer a primary election;
527	527	(3) for the establishment or administrative expenses
528	528	of a [or] convention held by the party; or
529	529	(4) for expenses related to redistricting.
530	530	(b) A political party that accepts contributions authorized
531	531	by Section 253.104 shall maintain the contributions in a separate
532	532	account and shall pay all allowable expenditures under Subsection
533	533	(a) owed to a third-party vendor or contractor directly from the
534	534	separate account. A political party may not transfer a contribution
535	535	authorized by Section 253.104 to a political committee or another
536	536	entity directly or indirectly under the party's direction or
537	537	control.
538	538	SECTION 24. Section 257.003, Election Code, is amended by
539	539	adding Subsection (e) to read as follows:
540	540	(e) Sections 254.153 and 254.154 govern the reporting
541	541	schedule for a report required by this section.
542	542	SECTION 25. Section 257.004, Election Code, is amended by
543	543	amending Subsection (a) and adding Subsection (c) to read as
544	544	follows:
545	545	(a) Beginning on the 60th day before the date of the general
546	546	election for state and county officers and continuing through the
547	547	day of the election, a political party may not knowingly accept a
548	548	contribution authorized by Section 253.104 or make an expenditure
549	549	from the account required by Section 257.002. Beginning on the 60th
550	550	day before the date of a primary election, a political party may not
551	551	knowingly accept a contribution authorized by Section 253.104.
552	552	(c) A contribution is accepted under this section when it is
553	553	received by or on behalf of the party, unless the contribution is
554	554	returned to the contributor not later than the fifth day after the
555	555	date the contribution is received. An expenditure is made from the
556	556	account established under Section 257.002 when any funds are
557	557	expended or obligated, whichever is earlier.
558	558	SECTION 26. Section 257.007, Election Code, is amended to
559	559	read as follows:
560	560	Sec. 257.007. RULES. The commission shall adopt rules to
561	561	implement this chapter and ensure that corporate or labor
562	562	organization funds are not used for political activity in
563	563	circumvention of this chapter.
564	564	SECTION 27. Sections 253.098(b), 253.099(b), 253.100, and
565	565	257.003(d), Election Code, are repealed.
566	566	SECTION 28. The changes in law made by this Act apply only
567	567	to a contribution or expenditure made on or after September 1, 2009.
568	568	A contribution or expenditure made before September 1, 2009, is
569	569	governed by the law in effect immediately before that date, and the
570	570	former law is continued in effect for that purpose.
571	571	SECTION 29. The amendment by this Act of Subdivision (2),
572	572	Section 251.001, Election Code, by the addition of Paragraph
573	573	(A)(iv) to that subdivision is intended to clarify rather than
574	574	change existing law.
575	575	SECTION 30. This Act takes effect September 1, 2009.