Texas 2015 - 84th Regular

Texas House Bill HB1671 Compare Versions

Only one version of the bill is available at this time.
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11 84R6196 MK-F
22 By: Cook H.B. No. 1671
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to defining terms applicable to groups that accept
88 political contributions or make political expenditures.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter A, Chapter 251, Election Code, is
1111 amended by adding Section 251.011 to read as follows:
1212 Sec. 251.011. PRINCIPAL PURPOSE. (a) "Principal purpose"
1313 means, as applied to a group under this title, accepting political
1414 contributions or making political expenditures when either
1515 activity constitutes an important or main function of the group.
1616 The principal purpose of a group is determined as provided by this
1717 section.
1818 (b) A group may have more than one principal purpose.
1919 (c) A group has a principal purpose of accepting political
2020 contributions if the proportion of the total contributions to the
2121 group that are classified as political contributions exceeds 25
2222 percent within a calendar year. The intent of a contributor to make
2323 a political contribution is determined by the contributor's
2424 reasonable expectations as to how the group will use the
2525 contribution, including an analysis of:
2626 (1) the content of public statements made by the group
2727 regarding fundraising efforts, goals, or support or opposition of
2828 candidates, officeholders, or measures;
2929 (2) the content of the group's government filings and
3030 organizational documents, including the group's mission statement,
3131 as applicable; and
3232 (3) any other activities engaged in by the group that
3333 are unrelated to accepting political contributions or making
3434 political expenditures.
3535 (d) A group has a principal purpose of making political
3636 expenditures, including direct campaign expenditures, if the group
3737 allocates more than 25 percent of its annual expenses and other
3838 resources to making political expenditures within a calendar year.
3939 The amount a group allocates to making political expenditures
4040 includes:
4141 (1) the value of the time spent by the group's
4242 employees or volunteers on activities related to making political
4343 expenditures; and
4444 (2) the amount of money and in-kind donations spent on
4545 political expenditures, including a proportional share of the
4646 group's administrative expenses attributed to political
4747 expenditures, such as employee compensation and benefits,
4848 contractor payments, rental payments, office expenses, and
4949 computer equipment and services.
5050 SECTION 2. Section 254.261, Election Code, is amended by
5151 adding Subsection (e) to read as follows:
5252 (e) For purposes of this section, "acting in concert" means
5353 two or more persons acting in cooperation with one another, or under
5454 an express or implied agreement, to pursue a common activity.
5555 Examples of two or more persons acting in concert include:
5656 (1) using the same consultants;
5757 (2) using the same person to purchase media
5858 advertising, including advertising transmitted through radio,
5959 television, e-mail, an Internet website, or a social media website;
6060 (3) sharing mailing, e-mail, or telephone lists;
6161 (4) sharing research on candidates or measures;
6262 (5) sharing polling data;
6363 (6) exchanging drafts or final proofs of political
6464 advertising; or
6565 (7) meeting with a candidate, or an agent or staff
6666 member of a candidate, regarding campaign communications,
6767 including talking points, campaign themes, campaign communication
6868 schedules, or campaign events.
6969 SECTION 3. This Act takes effect immediately if it receives
7070 a vote of two-thirds of all the members elected to each house, as
7171 provided by Section 39, Article III, Texas Constitution. If this
7272 Act does not receive the vote necessary for immediate effect, this
7373 Act takes effect September 1, 2015.