84R23659 EES-D
By: Cook, Geren, Harless H.B. No. 37
Substitute the following for H.B. No. 37:
By: Harless C.S.H.B. No. 37
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain 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. DEFINITIONS. In this subchapter:
(1) "Contribution" has the meaning assigned by Section
251.001 and includes dues and gifts, except that the term does not
include a commercial transaction involving the transfer for
consideration of anything of value pursuant to a contract or
agreement that reflects the usual and normal business practice of
an industry.
(2) "Contribution in connection with campaign
activity" means a contribution from a donor to a person or group
that, at the time that the donor makes the contribution, the donor
knows or has reason to know may be used to make a political
contribution or political expenditure or may be commingled with
other funds used to make a political contribution or political
expenditure. A donor who signs a statement indicating that the
donor's contribution 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 donor's contribution may be used to make a
political contribution or political expenditure.
(3) "Donor" means a person who makes a contribution to
a person or group to whom this subchapter applies, regardless of
whether the person making the contribution is a member of the person
or group that accepts the contribution.
Sec. 254.282. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a person or group that:
(1) is not a political committee;
(2) accepts one or more contributions in connection
with campaign activity from a person that in the aggregate exceed
$2,000 during a reporting period; 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.
Sec. 254.283. REPORTING REQUIREMENTS. (a) Except as
otherwise provided by this subchapter, a person or group shall
comply with this chapter 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 is not required to file a campaign
treasurer appointment for accepting contributions or making
political expenditures for which reporting is required under this
subchapter, unless the person or group is otherwise required to
file a campaign treasurer appointment under this title.
(c) A person or group is not required to file a report under
this subchapter if:
(1) the person or group is required to disclose the
contributions and political expenditures in another report
required under this title within the time applicable under this
subchapter for reporting the contributions and political
expenditures; or
(2) no reportable activity occurs during the reporting
period.
Sec. 254.284. CONTENTS OF REPORT. (a) Disclosure of a
contribution as provided by Sections 254.031 and 254.151 is
required in a report under this subchapter only if:
(1) the contribution is a contribution in connection
with campaign activity; and
(2) the aggregate amount of contributions in
connection with campaign activity accepted from a person exceeds
$2,000 during the reporting period.
(b) A report required under this subchapter is not required
to include:
(1) any contributions accepted by the person or group
that are not contributions in connection with campaign activity;
(2) the total amount of unitemized political
contributions accepted by the person or group;
(3) the total amount of political contributions
maintained by the person or group;
(4) any expenditures made by the person or group that
are not political expenditures;
(5) the total amount of unitemized political
expenditures made by the person or group; or
(6) the principal amount of all of the person's or
group's outstanding loans.
(c) The first report required to be filed in a calendar year
in which the $2,000 or $25,000 threshold under Section 254.282 is
exceeded must include all contributions in connection with campaign
activity accepted from a person that in the aggregate exceed $2,000
and all political expenditures made in the 12 months immediately
preceding the acceptance of the contribution in connection with
campaign activity or the making of the political expenditure that
triggers the reporting requirements of this subchapter and not
previously reported as required under this subchapter.
Sec. 254.285. NONREPORTABLE PERSONAL TRAVEL EXPENSE. A
contribution consisting of personal travel expense incurred by an
individual is not required to be reported under this subchapter if
the individual receives no reimbursement for the expense.
Sec. 254.286. NONREPORTABLE PERSONAL SERVICE. A
contribution consisting of an individual's personal service is not
required to be reported under this subchapter if the individual
receives no compensation for the service.
SECTION 3. Subchapter K, Chapter 254, Election Code, as
added by this Act, applies only to the reporting of a contribution
in connection with campaign activity 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.