1 | 1 | | 84R6196 MK-F |
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2 | 2 | | By: Cook H.B. No. 1671 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to defining terms applicable to groups that accept |
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8 | 8 | | political contributions or make political expenditures. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 251, Election Code, is |
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11 | 11 | | amended by adding Section 251.011 to read as follows: |
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12 | 12 | | Sec. 251.011. PRINCIPAL PURPOSE. (a) "Principal purpose" |
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13 | 13 | | means, as applied to a group under this title, accepting political |
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14 | 14 | | contributions or making political expenditures when either |
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15 | 15 | | activity constitutes an important or main function of the group. |
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16 | 16 | | The principal purpose of a group is determined as provided by this |
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17 | 17 | | section. |
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18 | 18 | | (b) A group may have more than one principal purpose. |
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19 | 19 | | (c) A group has a principal purpose of accepting political |
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20 | 20 | | contributions if the proportion of the total contributions to the |
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21 | 21 | | group that are classified as political contributions exceeds 25 |
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22 | 22 | | percent within a calendar year. The intent of a contributor to make |
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23 | 23 | | a political contribution is determined by the contributor's |
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24 | 24 | | reasonable expectations as to how the group will use the |
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25 | 25 | | contribution, including an analysis of: |
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26 | 26 | | (1) the content of public statements made by the group |
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27 | 27 | | regarding fundraising efforts, goals, or support or opposition of |
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28 | 28 | | candidates, officeholders, or measures; |
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29 | 29 | | (2) the content of the group's government filings and |
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30 | 30 | | organizational documents, including the group's mission statement, |
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31 | 31 | | as applicable; and |
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32 | 32 | | (3) any other activities engaged in by the group that |
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33 | 33 | | are unrelated to accepting political contributions or making |
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34 | 34 | | political expenditures. |
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35 | 35 | | (d) A group has a principal purpose of making political |
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36 | 36 | | expenditures, including direct campaign expenditures, if the group |
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37 | 37 | | allocates more than 25 percent of its annual expenses and other |
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38 | 38 | | resources to making political expenditures within a calendar year. |
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39 | 39 | | The amount a group allocates to making political expenditures |
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40 | 40 | | includes: |
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41 | 41 | | (1) the value of the time spent by the group's |
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42 | 42 | | employees or volunteers on activities related to making political |
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43 | 43 | | expenditures; and |
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44 | 44 | | (2) the amount of money and in-kind donations spent on |
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45 | 45 | | political expenditures, including a proportional share of the |
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46 | 46 | | group's administrative expenses attributed to political |
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47 | 47 | | expenditures, such as employee compensation and benefits, |
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48 | 48 | | contractor payments, rental payments, office expenses, and |
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49 | 49 | | computer equipment and services. |
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50 | 50 | | SECTION 2. Section 254.261, Election Code, is amended by |
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51 | 51 | | adding Subsection (e) to read as follows: |
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52 | 52 | | (e) For purposes of this section, "acting in concert" means |
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53 | 53 | | two or more persons acting in cooperation with one another, or under |
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54 | 54 | | an express or implied agreement, to pursue a common activity. |
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55 | 55 | | Examples of two or more persons acting in concert include: |
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56 | 56 | | (1) using the same consultants; |
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57 | 57 | | (2) using the same person to purchase media |
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58 | 58 | | advertising, including advertising transmitted through radio, |
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59 | 59 | | television, e-mail, an Internet website, or a social media website; |
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60 | 60 | | (3) sharing mailing, e-mail, or telephone lists; |
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61 | 61 | | (4) sharing research on candidates or measures; |
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62 | 62 | | (5) sharing polling data; |
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63 | 63 | | (6) exchanging drafts or final proofs of political |
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64 | 64 | | advertising; or |
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65 | 65 | | (7) meeting with a candidate, or an agent or staff |
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66 | 66 | | member of a candidate, regarding campaign communications, |
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67 | 67 | | including talking points, campaign themes, campaign communication |
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68 | 68 | | schedules, or campaign events. |
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69 | 69 | | SECTION 3. This Act takes effect immediately if it receives |
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70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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73 | 73 | | Act takes effect September 1, 2015. |
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