Texas 2015 - 84th Regular

Texas House Bill HB24 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R17886 EES-F
2	2	By: Davis of Harris H.B. No. 24
3	3	Substitute the following for H.B. No. 24:
4	4	By: Cook C.S.H.B. No. 24
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to political contributions and political expenditures;
10	10	amending provisions subject to a civil penalty; creating criminal
11	11	offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 251.005(d), Election Code, is amended to
14	14	read as follows:
15	15	(d) An out-of-state political committee that does not file a
16	16	campaign treasurer appointment shall comply with Sections
17	17	[Section] 254.1581, 254.161, and 254.261.
18	18	SECTION 2. Section 253.031, Election Code, is amended by
19	19	amending Subsection (b) and adding Subsection (b-1) to read as
20	20	follows:
21	21	(b) A general-purpose [political] committee may not
22	22	knowingly accept political contributions totaling more than $3,000
23	23	[$500] or make or authorize political expenditures totaling more
24	24	than $3,000 in a calendar year [$500] at a time when a campaign
25	25	treasurer appointment for the committee is not in effect.
26	26	(b-1) A specific-purpose committee may not knowingly accept
27	27	political contributions totaling more than $1,000 or make or
28	28	authorize political expenditures totaling more than $1,000 in a
29	29	calendar year at a time when a campaign treasurer appointment for
30	30	the committee is not in effect.
31	31	SECTION 3. The heading to Section 253.037, Election Code,
32	32	is amended to read as follows:
33	33	Sec. 253.037. RESTRICTION [RESTRICTIONS] ON CONTRIBUTION
34	34	[OR EXPENDITURE] BY GENERAL-PURPOSE COMMITTEE.
35	35	SECTION 4. Section 253.040, Election Code, is amended to
36	36	read as follows:
37	37	Sec. 253.040. SEPARATE ACCOUNTS FOR CANDIDATES AND
38	38	OFFICEHOLDERS. (a) Except as provided by Subsection (b) or
39	39	Section 253.0351(c), each candidate or officeholder shall deposit
40	40	all of [keep] the person's campaign and officeholder contributions
41	41	in one or more accounts that are separate from any other account
42	42	maintained by the person, not later than the fifth day after the
43	43	date the candidate or officeholder accepts the contribution.
44	44	(b) A candidate or officeholder who does not accept
45	45	political contributions that in the aggregate exceed $3,000 in a
46	46	calendar year is not required to deposit political contributions in
47	47	a separate account. Once the $3,000 threshold is exceeded, the
48	48	candidate or officeholder is required to comply with Subsection (a)
49	49	until all of the political contributions are expended.
50	50	(c) A person who violates this section commits an offense.
51	51	An offense under this section is a Class B misdemeanor.
52	52	SECTION 5. Subchapter B, Chapter 253, Election Code, is
53	53	amended by adding Section 253.0401 to read as follows:
54	54	Sec. 253.0401. SEPARATE ACCOUNTS FOR POLITICAL COMMITTEES.
55	55	(a) Except as provided by Subsection (b), a political committee
56	56	shall deposit all of the committee's political contributions in one
57	57	or more accounts that are separate from any other account
58	58	maintained by the political committee, not later than the fifth day
59	59	after the date the committee accepts the contribution.
60	60	(b) A political committee that does not accept political
61	61	contributions that in the aggregate exceed $3,000 in a calendar
62	62	year is not required to deposit political contributions in a
63	63	separate account. Once the $3,000 threshold is exceeded, the
64	64	committee is required to comply with Subsection (a) until all of the
65	65	political contributions are expended.
66	66	(c) A person who violates this section commits an offense.
67	67	An offense under this section is a Class B misdemeanor.
68	68	SECTION 6. Section 254.001(d), Election Code, is amended to
69	69	read as follows:
70	70	(d) A person required to maintain a record under this
71	71	section shall preserve the record for at least four [two] years
72	72	beginning on the filing deadline for the report containing the
73	73	information in the record.
74	74	SECTION 7. Section 254.031(a), Election Code, is amended to
75	75	read as follows:
76	76	(a) Except as otherwise provided by this chapter, each
77	77	report filed under this chapter must include:
78	78	(1) the amount of political contributions from each
79	79	person that in the aggregate exceed $100 [$50] and that are accepted
80	80	during the reporting period by the person or committee required to
81	81	file a report under this chapter, the full name and address of the
82	82	person making the contributions, and the dates of the
83	83	contributions;
84	84	(2) the amount of loans that are made during the
85	85	reporting period for campaign or officeholder purposes to the
86	86	person or committee required to file the report and that in the
87	87	aggregate exceed $100 [$50], the dates the loans are made, the
88	88	interest rate, the maturity date, the type of collateral for the
89	89	loans, if any, the full name and address of the person or financial
90	90	institution making the loans, the full name and address, principal
91	91	occupation, and name of the employer of each guarantor of the loans,
92	92	the amount of the loans guaranteed by each guarantor, and the
93	93	aggregate principal amount of all outstanding loans as of the last
94	94	day of the reporting period;
95	95	(3) the amount of political expenditures that in the
96	96	aggregate exceed $100 and that are made during the reporting
97	97	period, the full name and address of the persons to whom the
98	98	expenditures are made, and the dates and purposes of the
99	99	expenditures;
100	100	(4) the amount of each payment made during the
101	101	reporting period from a political contribution if the payment is
102	102	not a political expenditure, the full name and address of the person
103	103	to whom the payment is made, and the date and purpose of the
104	104	payment;
105	105	(5) the total amount or a specific listing of the
106	106	political contributions of $100 [$50] or less accepted and the
107	107	total amount or a specific listing of the political expenditures of
108	108	$100 or less made during the reporting period;
109	109	(6) the total amount of all political contributions
110	110	accepted and the total amount of all political expenditures made
111	111	during the reporting period;
112	112	(7) the name of each candidate or officeholder who
113	113	benefits from a direct campaign expenditure made during the
114	114	reporting period by the person or committee required to file the
115	115	report, and the office sought or held, excluding a direct campaign
116	116	expenditure that is made by the principal political committee of a
117	117	political party on behalf of a slate of two or more nominees of that
118	118	party;
119	119	(8) as of the last day of a reporting period for which
120	120	the person is required to file a report, the total amount of
121	121	political contributions accepted, including interest or other
122	122	income on those contributions, maintained in one or more accounts
123	123	in which political contributions are deposited as of the last day of
124	124	the reporting period;
125	125	(9) any credit, interest, rebate, refund,
126	126	reimbursement, or return of a deposit fee resulting from the use of
127	127	a political contribution or an asset purchased with a political
128	128	contribution that is received during the reporting period and the
129	129	amount of which exceeds $100;
130	130	(10) any proceeds of the sale of an asset purchased
131	131	with a political contribution that is received during the reporting
132	132	period and the amount of which exceeds $100;
133	133	(11) any investment purchased with a political
134	134	contribution that is received during the reporting period and the
135	135	amount of which exceeds $100;
136	136	(12) any other gain from a political contribution that
137	137	is received during the reporting period and the amount of which
138	138	exceeds $100; and
139	139	(13) the full name and address of each person from whom
140	140	an amount described by Subdivision (9), (10), (11), or (12) is
141	141	received, the date the amount is received, and the purpose for which
142	142	the amount is received.
143	143	SECTION 8. Section 254.0311(b), Election Code, is amended
144	144	to read as follows:
145	145	(b) A report filed under this section must include:
146	146	(1) the amount of contributions from each person,
147	147	other than a caucus member, that in the aggregate exceed $100 [$50]
148	148	and that are accepted during the reporting period by the
149	149	legislative caucus, the full name and address of the person making
150	150	the contributions, and the dates of the contributions;
151	151	(2) the amount of loans that are made during the
152	152	reporting period to the legislative caucus and that in the
153	153	aggregate exceed $100 [$50], the dates the loans are made, the
154	154	interest rate, the maturity date, the type of collateral for the
155	155	loans, if any, the full name and address of the person or financial
156	156	institution making the loans, the full name and address, principal
157	157	occupation, and name of the employer of each guarantor of the loans,
158	158	the amount of the loans guaranteed by each guarantor, and the
159	159	aggregate principal amount of all outstanding loans as of the last
160	160	day of the reporting period;
161	161	(3) the amount of expenditures that in the aggregate
162	162	exceed $100 [$50] and that are made during the reporting period, the
163	163	full name and address of the persons to whom the expenditures are
164	164	made, and the dates and purposes of the expenditures;
165	165	(4) the total amount or a specific listing of
166	166	contributions of $100 [$50] or less accepted from persons other
167	167	than caucus members and the total amount or a specific listing of
168	168	expenditures of $100 [$50] or less made during the reporting
169	169	period; and
170	170	(5) the total amount of all contributions accepted,
171	171	including total contributions from caucus members, and the total
172	172	amount of all expenditures made during the reporting period.
173	173	SECTION 9. Section 254.036, Election Code, is amended by
174	174	adding Subsections (f-1) and (h-1) to read as follows:
175	175	(f-1) A report filed under this chapter with an authority
176	176	other than the commission may be filed electronically by using
177	177	computer software developed by the commission, if the software has
178	178	the capability of being used for filing reports with other entities
179	179	and the authority with whom the report is required to be filed has
180	180	adopted rules and procedures to provide for the filing of the report
181	181	using the software.
182	182	(h-1) An authority other than the commission with whom a
183	183	report is required to be filed under this chapter may not require
184	184	that a report filed by means of electronic transfer, including by
185	185	the use of computer software developed by the commission, be
186	186	accompanied by a notarized affidavit containing the statement in
187	187	Subsection (h), provided that the report is filed in accordance
188	188	with the rules and procedures adopted by the authority.
189	189	SECTION 10. Section 254.0611(a), Election Code, is amended
190	190	to read as follows:
191	191	(a) In addition to the contents required by Sections 254.031
192	192	and 254.061, each report by a candidate for a judicial office
193	193	covered by Subchapter F, Chapter 253, must include:
194	194	(1) the total amount of political contributions,
195	195	including interest or other income, maintained in one or more
196	196	accounts in which political contributions are deposited as of the
197	197	last day of the reporting period;
198	198	(2) for each individual from whom the person filing
199	199	the report has accepted political contributions that in the
200	200	aggregate exceed $100 [$50] and that are accepted during the
201	201	reporting period:
202	202	(A) the principal occupation and job title of the
203	203	individual and the full name of the employer of the individual or of
204	204	the law firm of which the individual or the individual's spouse is a
205	205	member, if any; or
206	206	(B) if the individual is a child, the full name of
207	207	the law firm of which either of the individual's parents is a
208	208	member, if any;
209	209	(3) a specific listing of each asset valued at $500 or
210	210	more that was purchased with political contributions and on hand as
211	211	of the last day of the reporting period;
212	212	(4) for each political contribution accepted by the
213	213	person filing the report but not received as of the last day of the
214	214	reporting period:
215	215	(A) the full name and address of the person
216	216	making the contribution;
217	217	(B) the amount of the contribution; and
218	218	(C) the date of the contribution; and
219	219	(5) for each outstanding loan to the person filing the
220	220	report as of the last day of the reporting period:
221	221	(A) the full name and address of the person or
222	222	financial institution making the loan; and
223	223	(B) the full name and address of each guarantor
224	224	of the loan other than the candidate.
225	225	SECTION 11. Section 254.151, Election Code, is amended to
226	226	read as follows:
227	227	Sec. 254.151. ADDITIONAL CONTENTS OF REPORTS. In addition
228	228	to the contents required by Section 254.031, each report by a
229	229	campaign treasurer of a general-purpose committee must include:
230	230	(1) the committee's full name and address;
231	231	(2) the full name, residence or business street
232	232	address, and telephone number of the committee's campaign
233	233	treasurer;
234	234	(3) the identity and date of the election for which the
235	235	report is filed, if applicable;
236	236	(4) the name of each identified candidate or measure
237	237	or classification by party of candidates supported or opposed by
238	238	the committee, indicating whether the committee supports or opposes
239	239	each listed candidate, measure, or classification by party of
240	240	candidates;
241	241	(5) the name of each identified officeholder or
242	242	classification by party of officeholders assisted by the committee;
243	243	(6) the principal occupation of each person from whom
244	244	political contributions that in the aggregate exceed $100 [$50] are
245	245	accepted during the reporting period;
246	246	(7) the amount of each political expenditure in the
247	247	form of a political contribution made to a candidate, officeholder,
248	248	or another political committee that is returned to the committee
249	249	during the reporting period, the name of the person to whom the
250	250	expenditure was originally made, and the date it is returned;
251	251	(8) on a separate page or pages of the report, the
252	252	identification of any contribution from a corporation or labor
253	253	organization made and accepted under Subchapter D, Chapter 253; and
254	254	(9) on a separate page or pages of the report, the
255	255	identification of the name of the donor, the amount, and the date of
256	256	any expenditure made by a corporation or labor organization to:
257	257	(A) establish or administer the political
258	258	committee; or
259	259	(B) finance the solicitation of political
260	260	contributions to the committee under Section 253.100.
261	261	SECTION 12. Section 254.161, Election Code, is amended to
262	262	read as follows:
263	263	Sec. 254.161. NOTICE TO CANDIDATE AND OFFICEHOLDER OF
264	264	CONTRIBUTIONS AND EXPENDITURES. If a general-purpose committee
265	265	other than the principal political committee of a political party
266	266	or a political committee established by a political party's county
267	267	executive committee accepts political contributions or makes
268	268	political expenditures for a candidate or officeholder, notice of
269	269	that fact shall be given to the affected candidate or officeholder
270	270	as provided by Section 254.128 for a specific-purpose committee.
271	271	An out-of-state political committee that is required to comply with
272	272	this section shall designate an officer of the committee to provide
273	273	the notice.
274	274	SECTION 13. Section 254.261, Election Code, is amended by
275	275	adding Subsection (e) to read as follows:
276	276	(e) This section applies to an out-of-state political
277	277	committee that does not file a campaign treasurer appointment.
278	278	SECTION 14. Sections 253.037(a) and (c), Election Code, are
279	279	repealed.
280	280	SECTION 15. The amendment by this Act of Section
281	281	254.001(d), Election Code, applies to any record that contains
282	282	information necessary for filing a report under Chapter 254,
283	283	Election Code, for which the filing deadline was on or after
284	284	September 1, 2013.
285	285	SECTION 16. Sections 254.031(a), 254.0311(b), 254.0611(a),
286	286	and 254.151, Election Code, as amended by this Act, apply only to a
287	287	report under Chapter 254, Election Code, that is required to be
288	288	filed on or after the effective date of this Act. A report under
289	289	Chapter 254, Election Code, that is required to be filed before the
290	290	effective date of this Act is governed by the law in effect on the
291	291	date the report is required to be filed, and the former law is
292	292	continued in effect for that purpose.
293	293	SECTION 17. This Act takes effect September 1, 2015.