By: Turner of Tarrant H.B. No. 2191
A BILL TO BE ENTITLED
AN
ACT
relating to the regulation of political contributions and
expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.001, Election Code, is amended by
adding Subdivision (21) to read as follows:
(21) "In-kind contribution" means a contribution of
goods, services, or any other thing of value, except money.
SECTION 2. Sections 252.0011(c) and (d), Election Code, are
amended to read as follows:
(c) Subsection (a) does not apply to a person if, in any
quarterly [semiannual] reporting period prescribed by Chapter 254:
(1) the political committee in connection with which
the person's ineligibility arose did not accept political
contributions that in the aggregate exceed $2,500 [$5,000] or make
political expenditures that in the aggregate exceed $2,500
[$5,000]; and
(2) the candidate who or political committee that
subsequently appoints the person does not accept political
contributions that in the aggregate exceed $2,500 [$5,000] or make
political expenditures that in the aggregate exceed $2,500
[$5,000].
(d) Subsection (c) applies to a person who is the campaign
treasurer of a general-purpose committee regardless of whether the
committee files monthly reports under Section 254.155. For
purposes of this subsection, political contributions accepted and
political expenditures made during a monthly reporting period are
aggregated with political contributions accepted and political
expenditures made in each other monthly reporting period that
corresponds to the quarterly [semiannual] reporting period that
contains those months.
SECTION 3. Section 254.031, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as otherwise provided by this chapter, each
report filed under this chapter must include:
(1) the amount of political contributions from each
person that in the aggregate exceed $50 and that are accepted during
the reporting period by the person or committee required to file a
report under this chapter, the full name and address of the person
making the contributions, and the dates of the contributions;
(2) the amount of loans that are made during the
reporting period for campaign or officeholder purposes to the
person or committee required to file the report and that in the
aggregate exceed $50, the dates the loans are made, the interest
rate, the maturity date, the type of collateral for the loans, if
any, the full name and address of the person or financial
institution making the loans, the full name and address, principal
occupation, and name of the employer of each guarantor of the loans,
the amount of the loans guaranteed by each guarantor, and the
aggregate principal amount of all outstanding loans as of the last
day of the reporting period;
(3) the amount of political expenditures that in the
aggregate exceed $100 and that are made during the reporting
period, the full name and address of the persons to whom the
expenditures are made, and the dates and purposes of the
expenditures;
(4) the amount of each payment made during the
reporting period from a political contribution if the payment is
not a political expenditure, the full name and address of the person
to whom the payment is made, and the date and purpose of the
payment;
(5) the total amount or a specific listing of the
political contributions of $50 or less accepted and the total
amount or a specific listing of the political expenditures of $100
or less made during the reporting period;
(6) the total amount of all political contributions
accepted and the total amount of all political expenditures made
during the reporting period;
(7) the name of each candidate or officeholder who
benefits from a direct campaign expenditure made during the
reporting period by the person or committee required to file the
report, and the office sought or held, excluding a direct campaign
expenditure that is made by the principal political committee of a
political party on behalf of a slate of two or more nominees of that
party;
(8) as of the last day of a reporting period for which
the person is required to file a report, the difference obtained
from subtracting any payment for a political expenditure made
through a negotiable instrument, credit card, or similar method
that has not yet been processed from the total amount of political
contributions accepted and deposited, including interest or other
income on those contributions, maintained in one or more accounts
in which political contributions are deposited as of the last day of
the reporting period;
(9) any credit, interest, rebate, refund,
reimbursement, or return of a deposit fee resulting from the use of
a political contribution or an asset purchased with a political
contribution that is received during the reporting period and the
amount of which exceeds $100;
(10) any proceeds of the sale of an asset purchased
with a political contribution that is received during the reporting
period and the amount of which exceeds $100;
(11) any investment purchased with a political
contribution that is received during the reporting period and the
amount of which exceeds $100;
(12) any other gain from a political contribution that
is received during the reporting period and the amount of which
exceeds $100; [and]
(13) the full name and address of each person from whom
an amount described by Subdivision (9), (10), (11), or (12) is
received, the date the amount is received, and the purpose for which
the amount is received;
(14) the amount of in-kind political contributions
from each person that in the aggregate exceed $50 and that are used
or expended during the reporting period and the date and purpose of
such use or expenditure; and
(15) the amount of each bill or invoice that has been
assessed but for which payment has not yet been made.
(c) For purposes of Subsections (a)(3) and (4), the date of
an expenditure or payment made with a credit card is the date of the
purchase.
SECTION 4. Section 254.0401(a), Election Code, is amended
to read as follows:
(a) The commission shall make each report filed with the
commission under Section 254.036(b) available to the public on the
Internet as soon as practicable after [not later than the second
business day after the date] the report is filed.
SECTION 5. Section 254.0405, Election Code, is amended to
read as follows:
Sec. 254.0405. AMENDMENT OF FILED REPORT. (a) A person
who files a quarterly or semiannual report under this chapter may
amend the report.
(b) A quarterly or semiannual report that is amended before
the eighth day after the date the original report was filed is
considered to have been filed on the date on which the original
report was filed.
(c) A quarterly or semiannual report that is amended on or
after the eighth day after the original report was filed is
considered to have been filed on the date on which the original
report was filed if:
(1) the amendment is made before any complaint is
filed with regard to the subject of the amendment; and
(2) the original report was made in good faith and
without an intent to mislead or to misrepresent the information
contained in the report.
SECTION 6. Section 254.041(d), Election Code, is amended to
read as follows:
(d) It is an exception to the application of Subsection
(a)(3) that:
(1) the information was required to be included in a
quarterly or semiannual report; and
(2) the person amended the report within the time
prescribed by Section 254.0405(b) or under the circumstances
described by Section 254.0405(c).
SECTION 7. Section 254.063, Election Code, is amended to
read as follows:
Sec. 254.063. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE
FOR CANDIDATE. (a) A candidate shall file four [two] reports for
each year as provided by this section.
(b) The first report shall be filed not later than April
[July] 15. The report covers the period beginning January 1, the
day the candidate's campaign treasurer appointment is filed, or the
first day after the period covered by the last report required to be
filed under this subchapter, as applicable, and continuing through
March 31 [June 30].
(c) The second report shall be filed not later than July
[January] 15. The report covers the period beginning April [July]
1, the day the candidate's campaign treasurer appointment is filed,
or the first day after the period covered by the last report
required to be filed under this subchapter, as applicable, and
continuing through June 30 [December 31].
(d) The third report shall be filed not later than October
15. The report covers the period beginning July 1, the day the
candidate's campaign treasurer appointment is filed, or the first
day after the period covered by the last report required to be filed
under this subchapter, as applicable, and continuing through
September 30.
(e) The fourth report shall be filed not later than January
15. The report covers the period beginning October 1, the day the
candidate's campaign treasurer appointment is filed, or the first
day after the period covered by the last report required to be filed
under this subchapter, as applicable, and continuing through
December 31.
SECTION 8. Section 254.123, Election Code, is amended to
read as follows:
Sec. 254.123. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE
FOR COMMITTEE. (a) The campaign treasurer of a specific-purpose
committee shall file four [two] reports for each year as provided by
this section.
(b) The first report shall be filed not later than April
[July] 15. The report covers the period beginning January 1, the
day the committee's campaign treasurer appointment is filed, or the
first day after the period covered by the last report required to be
filed under this subchapter, as applicable, and continuing through
March 31 [June 30].
(c) The second report shall be filed not later than July
[January] 15. The report covers the period beginning April [July]
1, the day the committee's campaign treasurer appointment is filed,
or the first day after the period covered by the last report
required to be filed under this subchapter, as applicable, and
continuing through June 30 [December 31].
(d) The third report shall be filed not later than October
15. The report covers the period beginning July 1, the day the
committee's campaign treasurer appointment is filed, or the first
day after the period covered by the last report required to be filed
under this subchapter, as applicable, and continuing through
September 30.
(e) The fourth report shall be filed not later than January
15. The report covers the period beginning October 1, the day the
committee's campaign treasurer appointment is filed, or the first
day after the period covered by the last report required to be filed
under this subchapter, as applicable, and continuing through
December 31.
SECTION 9. Section 254.153, Election Code, is amended to
read as follows:
Sec. 254.153. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE
FOR COMMITTEE. (a) The campaign treasurer of a general-purpose
committee shall file four [two] reports for each year as provided by
this section.
(b) The first report shall be filed not later than April
[July] 15. The report covers the period beginning January 1, the
day the committee's campaign treasurer appointment is filed, or the
first day after the period covered by the last report required to be
filed under this subchapter, as applicable, and continuing through
March 31 [June 30].
(c) The second report shall be filed not later than July
[January] 15. The report covers the period beginning April [July]
1, the day the committee's campaign treasurer appointment is filed,
or the first day after the period covered by the last report
required to be filed under this subchapter, as applicable, and
continuing through June 30 [December 31].
(d) The third report shall be filed not later than October
15. The report covers the period beginning July 1, the day the
committee's campaign treasurer appointment is filed, or the first
day after the period covered by the last report required to be filed
under this subchapter, as applicable, and continuing through
September 30.
(e) The fourth report shall be filed not later than January
15. The report covers the period beginning October 1, the day the
committee's campaign treasurer appointment is filed, or the first
day after the period covered by the last report required to be filed
under this subchapter, as applicable, and continuing through
December 31.
SECTION 10. Section 254.184(b), Election Code, is amended
to read as follows:
(b) A candidate or committee filing under this subchapter is
not required to file any reports of political contributions and
political expenditures other than the quarterly [semiannual]
reports required to be filed not later than April 15, July 15,
October 15, and January 15.
SECTION 11. Sections 254.0401(b) and (f), Election Code,
are repealed.
SECTION 12. This Act takes effect January 1, 2014.