Texas 2015 - 84th Regular

Texas House Bill HB37 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23659 EES-D
2	2	By: Cook, Geren, Harless H.B. No. 37
3	3	Substitute the following for H.B. No. 37:
4	4	By: Harless C.S.H.B. No. 37
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the reporting of certain contributions and political
10	10	expenditures by certain persons; adding provisions subject to a
11	11	criminal penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 254.261, Election Code, is amended by
14	14	adding Subsection (e) to read as follows:
15	15	(e) This section does not apply to a person to whom
16	16	Subchapter K applies.
17	17	SECTION 2. Chapter 254, Election Code, is amended by adding
18	18	Subchapter K to read as follows:
19	19	SUBCHAPTER K. REPORTING BY CERTAIN PERSONS WHO ARE NOT POLITICAL
20	20	COMMITTEES
21	21	Sec. 254.281. DEFINITIONS. In this subchapter:
22	22	(1) "Contribution" has the meaning assigned by Section
23	23	251.001 and includes dues and gifts, except that the term does not
24	24	include a commercial transaction involving the transfer for
25	25	consideration of anything of value pursuant to a contract or
26	26	agreement that reflects the usual and normal business practice of
27	27	an industry.
28	28	(2) "Contribution in connection with campaign
29	29	activity" means a contribution from a donor to a person or group
30	30	that, at the time that the donor makes the contribution, the donor
31	31	knows or has reason to know may be used to make a political
32	32	contribution or political expenditure or may be commingled with
33	33	other funds used to make a political contribution or political
34	34	expenditure. A donor who signs a statement indicating that the
35	35	donor's contribution to the person or group may not be used to make
36	36	a political contribution or political expenditure does not have
37	37	reason to know that the donor's contribution may be used to make a
38	38	political contribution or political expenditure.
39	39	(3) "Donor" means a person who makes a contribution to
40	40	a person or group to whom this subchapter applies, regardless of
41	41	whether the person making the contribution is a member of the person
42	42	or group that accepts the contribution.
43	43	Sec. 254.282. APPLICABILITY OF SUBCHAPTER. This subchapter
44	44	applies only to a person or group that:
45	45	(1) is not a political committee;
46	46	(2) accepts one or more contributions in connection
47	47	with campaign activity from a person that in the aggregate exceed
48	48	$2,000 during a reporting period; and
49	49	(3) makes one or more political expenditures,
50	50	excluding expenditures authorized by Sections 253.098, 253.099,
51	51	253.100, and 253.104, that in the aggregate exceed $25,000 during a
52	52	calendar year.
53	53	Sec. 254.283. REPORTING REQUIREMENTS. (a) Except as
54	54	otherwise provided by this subchapter, a person or group shall
55	55	comply with this chapter as if the person or group were the campaign
56	56	treasurer of a general-purpose committee that does not file monthly
57	57	reports under Section 254.155.
58	58	(b) A person or group is not required to file a campaign
59	59	treasurer appointment for accepting contributions or making
60	60	political expenditures for which reporting is required under this
61	61	subchapter, unless the person or group is otherwise required to
62	62	file a campaign treasurer appointment under this title.
63	63	(c) A person or group is not required to file a report under
64	64	this subchapter if:
65	65	(1) the person or group is required to disclose the
66	66	contributions and political expenditures in another report
67	67	required under this title within the time applicable under this
68	68	subchapter for reporting the contributions and political
69	69	expenditures; or
70	70	(2) no reportable activity occurs during the reporting
71	71	period.
72	72	Sec. 254.284. CONTENTS OF REPORT. (a) Disclosure of a
73	73	contribution as provided by Sections 254.031 and 254.151 is
74	74	required in a report under this subchapter only if:
75	75	(1) the contribution is a contribution in connection
76	76	with campaign activity; and
77	77	(2) the aggregate amount of contributions in
78	78	connection with campaign activity accepted from a person exceeds
79	79	$2,000 during the reporting period.
80	80	(b) A report required under this subchapter is not required
81	81	to include:
82	82	(1) any contributions accepted by the person or group
83	83	that are not contributions in connection with campaign activity;
84	84	(2) the total amount of unitemized political
85	85	contributions accepted by the person or group;
86	86	(3) the total amount of political contributions
87	87	maintained by the person or group;
88	88	(4) any expenditures made by the person or group that
89	89	are not political expenditures;
90	90	(5) the total amount of unitemized political
91	91	expenditures made by the person or group; or
92	92	(6) the principal amount of all of the person's or
93	93	group's outstanding loans.
94	94	(c) The first report required to be filed in a calendar year
95	95	in which the $2,000 or $25,000 threshold under Section 254.282 is
96	96	exceeded must include all contributions in connection with campaign
97	97	activity accepted from a person that in the aggregate exceed $2,000
98	98	and all political expenditures made in the 12 months immediately
99	99	preceding the acceptance of the contribution in connection with
100	100	campaign activity or the making of the political expenditure that
101	101	triggers the reporting requirements of this subchapter and not
102	102	previously reported as required under this subchapter.
103	103	Sec. 254.285. NONREPORTABLE PERSONAL TRAVEL EXPENSE. A
104	104	contribution consisting of personal travel expense incurred by an
105	105	individual is not required to be reported under this subchapter if
106	106	the individual receives no reimbursement for the expense.
107	107	Sec. 254.286. NONREPORTABLE PERSONAL SERVICE. A
108	108	contribution consisting of an individual's personal service is not
109	109	required to be reported under this subchapter if the individual
110	110	receives no compensation for the service.
111	111	SECTION 3. Subchapter K, Chapter 254, Election Code, as
112	112	added by this Act, applies only to the reporting of a contribution
113	113	in connection with campaign activity or political expenditure made
114	114	on or after the effective date of this Act. A contribution or
115	115	expenditure made before the effective date of this Act is governed
116	116	by the law in effect when the contribution or expenditure was made,
117	117	and the former law is continued in effect for that purpose.
118	118	SECTION 4. This Act takes effect September 1, 2015.