| 1 | 1 | | 84R1312 ATP-D |
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| 2 | 2 | | By: Stephenson H.B. No. 220 |
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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 restrictions on the name of a general-purpose political |
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| 8 | 8 | | committee; providing a criminal penalty. |
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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. The heading to Section 252.003, Election Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | Sec. 252.003. CONTENTS OF APPOINTMENT BY GENERAL-PURPOSE |
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| 13 | 13 | | COMMITTEE; COMMITTEE NAME. |
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| 14 | 14 | | SECTION 2. Section 252.003, Election Code, is amended by |
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| 15 | 15 | | adding Subsection (e) to read as follows: |
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| 16 | 16 | | (e) The name of a general-purpose committee may not contain |
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| 17 | 17 | | the name of a political party without the political party's |
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| 18 | 18 | | permission. The commission shall determine whether the name of a |
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| 19 | 19 | | general-purpose committee is in violation of this prohibition and |
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| 20 | 20 | | shall immediately notify the campaign treasurer of the offending |
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| 21 | 21 | | committee of that determination. The campaign treasurer of the |
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| 22 | 22 | | committee must file a name change with the commission not later than |
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| 23 | 23 | | the 14th day after the date of notification. The commission shall |
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| 24 | 24 | | terminate the campaign treasurer appointment of a general-purpose |
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| 25 | 25 | | committee that continues to use a prohibited name after its |
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| 26 | 26 | | campaign treasurer has been notified by the commission, according |
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| 27 | 27 | | to the process adopted under Section 252.0131. |
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| 28 | 28 | | SECTION 3. Section 252.0131(a), Election Code, is amended |
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| 29 | 29 | | to read as follows: |
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| 30 | 30 | | (a) The commission by rule shall adopt a process by which |
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| 31 | 31 | | the commission may terminate the campaign treasurer appointment of |
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| 32 | 32 | | an inactive candidate or political committee that is required to |
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| 33 | 33 | | file a campaign treasurer appointment with the commission and by |
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| 34 | 34 | | which the commission shall terminate the campaign treasurer |
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| 35 | 35 | | appointment of a general-purpose committee that violates Section |
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| 36 | 36 | | 252.003(e). The governing body of a political subdivision by |
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| 37 | 37 | | ordinance or order may adopt a process by which the clerk or |
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| 38 | 38 | | secretary, as applicable, of the political subdivision may |
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| 39 | 39 | | terminate the campaign treasurer appointment of an inactive |
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| 40 | 40 | | candidate or political committee that is required to file a |
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| 41 | 41 | | campaign treasurer appointment with the clerk or secretary. For |
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| 42 | 42 | | purposes of this section, a candidate or political committee is |
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| 43 | 43 | | inactive if the candidate or committee: |
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| 44 | 44 | | (1) has never filed or has ceased to file reports under |
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| 45 | 45 | | Chapter 254; |
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| 46 | 46 | | (2) in the case of a candidate, has not been elected to |
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| 47 | 47 | | an office for which a candidate is required to file a campaign |
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| 48 | 48 | | treasurer appointment with the authority who is seeking to |
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| 49 | 49 | | terminate the candidate's campaign treasurer appointment; and |
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| 50 | 50 | | (3) has not filed: |
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| 51 | 51 | | (A) a final report under Section 254.065 or |
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| 52 | 52 | | 254.125; or |
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| 53 | 53 | | (B) a dissolution report under Section 254.126 or |
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| 54 | 54 | | 254.159. |
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| 55 | 55 | | SECTION 4. Not later than January 1, 2016, the Texas Ethics |
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| 56 | 56 | | Commission shall determine whether the name of a general-purpose |
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| 57 | 57 | | political committee that filed a campaign treasurer appointment |
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| 58 | 58 | | before September 1, 2015, violates Section 252.003(e), Election |
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| 59 | 59 | | Code, as added by this Act, and shall notify the campaign treasurer |
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| 60 | 60 | | of the political committee of that determination. |
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| 61 | 61 | | SECTION 5. This Act takes effect September 1, 2015. |
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