By: Cook H.B. No. 37
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain political contributions and
political expenditures by certain persons; adding provisions
subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.261, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to a person to whom
Subchapter K applies.
SECTION 2. Chapter 254, Election Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. REPORTING BY CERTAIN PERSONS WHO ARE NOT POLITICAL
COMMITTEES
Sec. 254.281. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter applies only to a person or group of persons that:
(1) is not a political committee;
(2) accepts political contributions as described by
Subsection (b); and
(3) makes one or more political expenditures,
excluding expenditures authorized by Sections 253.098, 253.099,
253.100, and 253.104, that in the aggregate exceed $25,000 during a
calendar year.
(b) A person or group of persons accepts political
contributions if a member or donor of the person or group makes a
payment, including dues, to the person or group and, at the time
that the member or donor makes the payment, the member or donor
knows or has reason to know that the payment may be used to make a
political contribution or political expenditure or may be comingled
with other funds used to make a political contribution or political
expenditure. A member or donor who signs a statement indicating
that the member's or donor's payment to the person or group may not
be used to make a political contribution or political expenditure
does not have reason to know that the payment may be used to make a
political contribution or political expenditure.
Sec. 254.282. REPORTING REQUIREMENTS. (a) Except as
otherwise provided by this subchapter, a person or group of persons
shall comply with this subchapter as if the person or group were the
campaign treasurer of a general-purpose committee that does not
file monthly reports under Section 254.155.
(b) A person or group of persons is not required to file a
campaign treasurer appointment for making political expenditures
for which reporting is required under this subchapter, unless the
person is otherwise required to file a campaign treasurer
appointment under this title.
(c) A person or group of persons is not required to file a
report under this subchapter if:
(1) the person or group is required to disclose
political contributions and political expenditures in another
report required under this title within the time applicable under
this subchapter for reporting the contributions and expenditures;
or
(2) no reportable activity occurs during the reporting
period.
Sec. 254.283. CONTENTS OF REPORT. (a) Itemization of a
political contribution as provided by Section 254.031(a)(1) is
required in a report under this subchapter only if the aggregate
amount of contributions accepted from a person exceeds $1,000
during the reporting period.
(b) The first report required to be filed in a calendar year
in which the $25,000 threshold under Section 254.281(a)(3) is
exceeded must include all political contributions accepted and all
political expenditures made in the 12 months immediately preceding
the acceptance of the contribution or the making of the expenditure
that triggers the reporting requirements of this subchapter and not
previously reported as required under this subchapter.
SECTION 3. Subchapter K, Chapter 254, Election Code, as
added by this Act, applies only to the reporting of a political
contribution or political expenditure made on or after the
effective date of this Act. A contribution or expenditure made
before the effective date of this Act is governed by the law in
effect when the contribution or expenditure was made, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.