Texas 2015 - 84th Regular

Texas House Bill HB1787 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9263 ATP-F
2	2	By: Turner of Tarrant H.B. No. 1787
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of political contributions and
8	8	expenditures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.001, Election Code, is amended by
11	11	adding Subdivision (21) to read as follows:
12	12	(21) "In-kind contribution" means a contribution of
13	13	goods, services, or any other thing of value, except money.
14	14	SECTION 2. Sections 252.0011(c) and (d), Election Code, are
15	15	amended to read as follows:
16	16	(c) Subsection (a) does not apply to a person if, in any
17	17	quarterly [semiannual] reporting period prescribed by Chapter 254:
18	18	(1) the political committee in connection with which
19	19	the person's ineligibility arose did not accept political
20	20	contributions that in the aggregate exceed $2,500 [$5,000] or make
21	21	political expenditures that in the aggregate exceed $2,500
22	22	[$5,000]; and
23	23	(2) the candidate who or political committee that
24	24	subsequently appoints the person does not accept political
25	25	contributions that in the aggregate exceed $2,500 [$5,000] or make
26	26	political expenditures that in the aggregate exceed $2,500
27	27	[$5,000].
28	28	(d) Subsection (c) applies to a person who is the campaign
29	29	treasurer of a general-purpose committee regardless of whether the
30	30	committee files monthly reports under Section 254.155. For
31	31	purposes of this subsection, political contributions accepted and
32	32	political expenditures made during a monthly reporting period are
33	33	aggregated with political contributions accepted and political
34	34	expenditures made in each other monthly reporting period that
35	35	corresponds to the quarterly [semiannual] reporting period that
36	36	contains those months.
37	37	SECTION 3. Section 254.031, Election Code, is amended by
38	38	amending Subsection (a) and adding Subsection (c) to read as
39	39	follows:
40	40	(a) Except as otherwise provided by this chapter, each
41	41	report filed under this chapter must include:
42	42	(1) the amount of political contributions from each
43	43	person that in the aggregate exceed $50 and that are accepted during
44	44	the reporting period by the person or committee required to file a
45	45	report under this chapter, the full name and address of the person
46	46	making the contributions, and the dates of the contributions;
47	47	(2) the amount of loans that are made during the
48	48	reporting period for campaign or officeholder purposes to the
49	49	person or committee required to file the report and that in the
50	50	aggregate exceed $50, the dates the loans are made, the interest
51	51	rate, the maturity date, the type of collateral for the loans, if
52	52	any, the full name and address of the person or financial
53	53	institution making the loans, the full name and address, principal
54	54	occupation, and name of the employer of each guarantor of the loans,
55	55	the amount of the loans guaranteed by each guarantor, and the
56	56	aggregate principal amount of all outstanding loans as of the last
57	57	day of the reporting period;
58	58	(3) the amount of political expenditures that in the
59	59	aggregate exceed $100 and that are made during the reporting
60	60	period, the full name and address of the persons to whom the
61	61	expenditures are made, and the dates and purposes of the
62	62	expenditures;
63	63	(4) the amount of each payment made during the
64	64	reporting period from a political contribution if the payment is
65	65	not a political expenditure, the full name and address of the person
66	66	to whom the payment is made, and the date and purpose of the
67	67	payment;
68	68	(5) the total amount or a specific listing of the
69	69	political contributions of $50 or less accepted and the total
70	70	amount or a specific listing of the political expenditures of $100
71	71	or less made during the reporting period;
72	72	(6) the total amount of all political contributions
73	73	accepted and the total amount of all political expenditures made
74	74	during the reporting period;
75	75	(7) the name of each candidate or officeholder who
76	76	benefits from a direct campaign expenditure made during the
77	77	reporting period by the person or committee required to file the
78	78	report, and the office sought or held, excluding a direct campaign
79	79	expenditure that is made by the principal political committee of a
80	80	political party on behalf of a slate of two or more nominees of that
81	81	party;
82	82	(8) as of the last day of a reporting period for which
83	83	the person is required to file a report, the difference obtained
84	84	from subtracting any payment for a political expenditure made
85	85	through a negotiable instrument, credit card, or similar method
86	86	that has not yet been processed from the total amount of political
87	87	contributions accepted and deposited, including interest or other
88	88	income on those contributions, maintained in one or more accounts
89	89	in which political contributions are deposited as of the last day of
90	90	the reporting period;
91	91	(9) any credit, interest, rebate, refund,
92	92	reimbursement, or return of a deposit fee resulting from the use of
93	93	a political contribution or an asset purchased with a political
94	94	contribution that is received during the reporting period and the
95	95	amount of which exceeds $100;
96	96	(10) any proceeds of the sale of an asset purchased
97	97	with a political contribution that is received during the reporting
98	98	period and the amount of which exceeds $100;
99	99	(11) any investment purchased with a political
100	100	contribution that is received during the reporting period and the
101	101	amount of which exceeds $100;
102	102	(12) any other gain from a political contribution that
103	103	is received during the reporting period and the amount of which
104	104	exceeds $100; [and]
105	105	(13) the full name and address of each person from whom
106	106	an amount described by Subdivision (9), (10), (11), or (12) is
107	107	received, the date the amount is received, and the purpose for which
108	108	the amount is received;
109	109	(14) the amount of in-kind political contributions
110	110	from each person that in the aggregate exceed $50 and that are used
111	111	or expended during the reporting period and the date and purpose of
112	112	such use or expenditure; and
113	113	(15) the amount of each bill or invoice that has been
114	114	assessed but for which payment has not yet been made.
115	115	(c) For purposes of Subsections (a)(3) and (4), the date of
116	116	an expenditure or payment made with a credit card is the date of the
117	117	purchase.
118	118	SECTION 4. Section 254.0401(a), Election Code, is amended
119	119	to read as follows:
120	120	(a) The commission shall make each report filed with the
121	121	commission under Section 254.036(b) available to the public on the
122	122	Internet as soon as practicable after [not later than the second
123	123	business day after the date] the report is filed.
124	124	SECTION 5. Section 254.0405, Election Code, is amended to
125	125	read as follows:
126	126	Sec. 254.0405. AMENDMENT OF FILED REPORT. (a) A person
127	127	who files a quarterly or semiannual report under this chapter may
128	128	amend the report.
129	129	(b) A quarterly or semiannual report that is amended before
130	130	the eighth day after the date the original report was filed is
131	131	considered to have been filed on the date on which the original
132	132	report was filed.
133	133	(c) A quarterly or semiannual report that is amended on or
134	134	after the eighth day after the original report was filed is
135	135	considered to have been filed on the date on which the original
136	136	report was filed if:
137	137	(1) the amendment is made before any complaint is
138	138	filed with regard to the subject of the amendment; and
139	139	(2) the original report was made in good faith and
140	140	without an intent to mislead or to misrepresent the information
141	141	contained in the report.
142	142	SECTION 6. Section 254.041(d), Election Code, is amended to
143	143	read as follows:
144	144	(d) It is an exception to the application of Subsection
145	145	(a)(3) that:
146	146	(1) the information was required to be included in a
147	147	quarterly or semiannual report; and
148	148	(2) the person amended the report within the time
149	149	prescribed by Section 254.0405(b) or under the circumstances
150	150	described by Section 254.0405(c).
151	151	SECTION 7. Section 254.063, Election Code, is amended to
152	152	read as follows:
153	153	Sec. 254.063. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE
154	154	FOR CANDIDATE. (a) A candidate shall file four [two] reports for
155	155	each year as provided by this section.
156	156	(b) The first report shall be filed not later than April
157	157	[July] 15. The report covers the period beginning January 1, the
158	158	day the candidate's campaign treasurer appointment is filed, or the
159	159	first day after the period covered by the last report required to be
160	160	filed under this subchapter, as applicable, and continuing through
161	161	March 31 [June 30].
162	162	(c) The second report shall be filed not later than July
163	163	[January] 15. The report covers the period beginning April [July]
164	164	1, the day the candidate's campaign treasurer appointment is filed,
165	165	or the first day after the period covered by the last report
166	166	required to be filed under this subchapter, as applicable, and
167	167	continuing through June 30 [December 31].
168	168	(d) The third report shall be filed not later than October
169	169	15. The report covers the period beginning July 1, the day the
170	170	candidate's campaign treasurer appointment is filed, or the first
171	171	day after the period covered by the last report required to be filed
172	172	under this subchapter, as applicable, and continuing through
173	173	September 30.
174	174	(e) The fourth report shall be filed not later than January
175	175	15. The report covers the period beginning October 1, the day the
176	176	candidate's campaign treasurer appointment is filed, or the first
177	177	day after the period covered by the last report required to be filed
178	178	under this subchapter, as applicable, and continuing through
179	179	December 31.
180	180	SECTION 8. Section 254.123, Election Code, is amended to
181	181	read as follows:
182	182	Sec. 254.123. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE
183	183	FOR COMMITTEE. (a) The campaign treasurer of a specific-purpose
184	184	committee shall file four [two] reports for each year as provided by
185	185	this section.
186	186	(b) The first report shall be filed not later than April
187	187	[July] 15. The report covers the period beginning January 1, the
188	188	day the committee's campaign treasurer appointment is filed, or the
189	189	first day after the period covered by the last report required to be
190	190	filed under this subchapter, as applicable, and continuing through
191	191	March 31 [June 30].
192	192	(c) The second report shall be filed not later than July
193	193	[January] 15. The report covers the period beginning April [July]
194	194	1, the day the committee's campaign treasurer appointment is filed,
195	195	or the first day after the period covered by the last report
196	196	required to be filed under this subchapter, as applicable, and
197	197	continuing through June 30 [December 31].
198	198	(d) The third report shall be filed not later than October
199	199	15. The report covers the period beginning July 1, the day the
200	200	committee's campaign treasurer appointment is filed, or the first
201	201	day after the period covered by the last report required to be filed
202	202	under this subchapter, as applicable, and continuing through
203	203	September 30.
204	204	(e) The fourth report shall be filed not later than January
205	205	15. The report covers the period beginning October 1, the day the
206	206	committee's campaign treasurer appointment is filed, or the first
207	207	day after the period covered by the last report required to be filed
208	208	under this subchapter, as applicable, and continuing through
209	209	December 31.
210	210	SECTION 9. Section 254.153, Election Code, is amended to
211	211	read as follows:
212	212	Sec. 254.153. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE
213	213	FOR COMMITTEE. (a) The campaign treasurer of a general-purpose
214	214	committee shall file four [two] reports for each year as provided by
215	215	this section.
216	216	(b) The first report shall be filed not later than April
217	217	[July] 15. The report covers the period beginning January 1, the
218	218	day the committee's campaign treasurer appointment is filed, or the
219	219	first day after the period covered by the last report required to be
220	220	filed under this subchapter, as applicable, and continuing through
221	221	March 31 [June 30].
222	222	(c) The second report shall be filed not later than July
223	223	[January] 15. The report covers the period beginning April [July]
224	224	1, the day the committee's campaign treasurer appointment is filed,
225	225	or the first day after the period covered by the last report
226	226	required to be filed under this subchapter, as applicable, and
227	227	continuing through June 30 [December 31].
228	228	(d) The third report shall be filed not later than October
229	229	15. The report covers the period beginning July 1, the day the
230	230	committee's campaign treasurer appointment is filed, or the first
231	231	day after the period covered by the last report required to be filed
232	232	under this subchapter, as applicable, and continuing through
233	233	September 30.
234	234	(e) The fourth report shall be filed not later than January
235	235	15. The report covers the period beginning October 1, the day the
236	236	committee's campaign treasurer appointment is filed, or the first
237	237	day after the period covered by the last report required to be filed
238	238	under this subchapter, as applicable, and continuing through
239	239	December 31.
240	240	SECTION 10. Section 254.184(b), Election Code, is amended
241	241	to read as follows:
242	242	(b) A candidate or committee filing under this subchapter is
243	243	not required to file any reports of political contributions and
244	244	political expenditures other than the quarterly [semiannual]
245	245	reports required to be filed not later than April 15, July 15,
246	246	October 15, and January 15.
247	247	SECTION 11. Section 254.0401(f), Election Code, is
248	248	repealed.
249	249	SECTION 12. This Act takes effect January 1, 2016.