By: Hopson (Senate Sponsor - Williams) H.B. No. 2359
(In the Senate - Received from the House May 12, 2011;
May 12, 2011, read first time and referred to Committee on State
Affairs; May 17, 2011, reported favorably by the following vote:
Yeas 9, Nays 0; May 17, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to direct campaign expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 253.094, Election Code,
is amended to read as follows:
Sec. 253.094. CONTRIBUTIONS [AND EXPENDITURES] PROHIBITED.
SECTION 2. Sections 253.094(a) and (b), Election Code, are
amended to read as follows:
(a) A corporation or labor organization may not make a
political contribution [or political expenditure] that is not
authorized by this subchapter.
(b) A corporation or labor organization may not make a
political contribution [or political expenditure] in connection
with a recall election, including the circulation and submission of
a petition to call an election.
SECTION 3. Section 254.036(b), Election Code, is amended to
read as follows:
(b) Except as provided by Subsection (c) or [,] (e), [or
(f),] each report filed under this chapter with the commission must
be filed by computer diskette, modem, or other means of electronic
transfer, using computer software provided by the commission or
computer software that meets commission specifications for a
standard file format.
SECTION 4. Section 254.061, Election Code, is amended to
read as follows:
Sec. 254.061. ADDITIONAL CONTENTS OF REPORTS. In addition
to the contents required by Section 254.031, each report by a
candidate must include:
(1) the candidate's full name and address, the office
sought, and the identity and date of the election for which the
report is filed;
(2) the campaign treasurer's name, residence or
business street address, and telephone number;
(3) for each political committee from which the
candidate received notice under Section 254.128 or 254.161:
(A) the committee's full name and address;
(B) an indication of whether the committee is a
general-purpose committee or a specific-purpose committee; and
(C) the full name and address of the committee's
campaign treasurer; and
(4) [the full name and address of each individual
acting as a campaign treasurer of a political committee under
Section 253.062 from whom the candidate received notice under
Section 254.128 or 254.161; and
[(5)] on a separate page or pages of the report, the
identification of any payment from political contributions made to
a business in which the candidate has a participating interest of
more than 10 percent, holds a position on the governing body of the
business, or serves as an officer of the business.
SECTION 5. Chapter 254, Election Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. REPORTING BY CERTAIN PERSONS MAKING DIRECT CAMPAIGN
EXPENDITURES
Sec. 254.261. DIRECT CAMPAIGN EXPENDITURE EXCEEDING $100.
(a) A person not acting in concert with another person who makes
one or more direct campaign expenditures in an election from the
person's own property shall comply with this chapter as if the
person were the campaign treasurer of a general-purpose committee
that does not file monthly reports under Section 254.155.
(b) A person is not required to file a report under this
section if the person is required to disclose the expenditure in
another report required under this title within the time applicable
under this section for reporting the expenditure.
(c) This section does not require a general-purpose
committee that files under the monthly reporting schedule to file
reports under Section 254.154.
(d) A person is not required to file a campaign treasurer
appointment for making expenditures for which reporting is required
under this section, unless the person is otherwise required to file
a campaign treasurer appointment under this title.
Sec. 254.262. TRAVEL EXPENSE. A direct campaign
expenditure consisting of personal travel expenses incurred by a
person may be made without complying with Section 254.261.
SECTION 6. The following laws are repealed:
(1) Sections 253.002 and 253.097, Election Code;
(2) Subchapter C, Chapter 253, Election Code; and
(3) Section 254.036(f), Election Code.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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