82R4450 ATP-D
By: Howard of Travis H.B. No. 806
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a campaign treasurer and filing of
reports of political contributions and expenditures by certain
candidates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 252.001, Election Code, is amended to
read as follows:
Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED.
(a) Except as provided by Subsection (b), each [Each] candidate and
each political committee shall appoint a campaign treasurer as
provided by this chapter.
(b) A candidate who files a declaration of intent under
Section 254.182 is not required to appoint a campaign treasurer
unless the candidate exceeds the maximum amount of political
contributions or political expenditures prescribed by Section
254.181.
SECTION 2. Section 253.031, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Subsection (a) does not apply to a candidate who files
a declaration of intent under Section 254.182 unless the candidate
exceeds the maximum amount of political contributions or political
expenditures prescribed by Section 254.181.
SECTION 3. The heading to Subchapter G, Chapter 254,
Election Code, is amended to read as follows:
SUBCHAPTER G. EXEMPTION FROM REPORTING OR MODIFIED REPORTING
PROCEDURES; $500 MAXIMUM IN CONTRIBUTIONS OR EXPENDITURES
SECTION 4. Sections 254.181 and 254.182, Election Code, are
amended to read as follows:
Sec. 254.181. EXEMPTION FROM REPORTING OR MODIFIED
REPORTING AUTHORIZED. (a) A candidate required to file reports
under Subchapter C, including a candidate who has an opponent whose
name will appear on the ballot, is exempt from filing reports under
this chapter if the candidate does not intend to accept political
contributions that in the aggregate exceed $500 or to make
political expenditures that in the aggregate exceed $500 in
connection with the election.
(b) A [An opposed candidate or] specific-purpose committee
required to file reports under Subchapter [C or] E may file a report
under this subchapter instead if the [candidate or] committee does
not intend to accept political contributions that in the aggregate
exceed $500 or to make political expenditures that in the aggregate
exceed $500 in connection with the election.
(c) [(b)] The amount of a filing fee paid by a candidate is
excluded from the $500 maximum expenditure permitted under
Subsection (a) [this section].
Sec. 254.182. DECLARATION OF INTENT REQUIRED. (a) To be
exempt from filing reports under this chapter, a candidate must
file a written declaration of intent not to exceed $500 in political
contributions or political expenditures in the election.
(b) A candidate who files a campaign treasurer appointment
must file the declaration of intent with the candidate's campaign
treasurer appointment. A candidate who does not file a campaign
treasurer appointment must file the declaration of intent with the
authority with whom the candidate would otherwise file a campaign
treasurer appointment.
(c) To be entitled to file reports under this subchapter, a
[an opposed candidate or] specific-purpose committee must file with
the campaign treasurer appointment a written declaration of intent
not to exceed $500 in political contributions or political
expenditures in the election.
(d) [(b)] The declaration of intent must contain a
statement that the candidate or committee understands that if the
$500 maximum for contributions and expenditures is exceeded:
(1) the candidate is required to file a campaign
treasurer appointment, if the candidate has not previously done so;
and
(2) the candidate or committee is required to file
reports under Subchapter C or E, as applicable.
SECTION 5. Sections 254.183(a) and (c), Election Code, are
amended to read as follows:
(a) A [An opposed] candidate or specific-purpose committee
that exceeds $500 in political contributions or political
expenditures in the election shall file reports as required by
Subchapter C or E, as applicable.
(c) A report filed under Subsection (b) covers the period:
(1) beginning on:
(A) for a candidate who did not previously file a
campaign treasurer appointment, the day the first political
contribution is accepted or the first political expenditure is
made; or
(B) for a candidate who previously filed a
campaign treasurer appointment or for a specific-purpose
committee, the day the candidate's or committee's campaign
treasurer appointment is filed; and
(2) continuing through the day the maximum is
exceeded.
SECTION 6. Section 254.184, Election Code, is amended to
read as follows:
Sec. 254.184. APPLICABILITY OF REGULAR REPORTING
REQUIREMENTS. (a) Subchapter [C or] E [, as applicable,] applies
to a [an opposed candidate or] specific-purpose committee filing
under this subchapter to the extent that that [the appropriate]
subchapter does not conflict with this subchapter.
(b) A specific-purpose [candidate or] committee filing
under this subchapter is not required to file any reports of
political contributions and political expenditures other than the
semiannual reports required to be filed not later than July 15 and
January 15.
SECTION 7. This Act takes effect September 1, 2011.