| 1 | 1 | | 84R11349 EES-F |
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| 2 | 2 | | By: Cook H.B. No. 3773 |
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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 the duties of nonprofit corporations regarding certain |
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| 8 | 8 | | contributions and the disclosure of information relating to those |
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| 9 | 9 | | contributions in certain campaign finance reports. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Subchapter B, Chapter 22, |
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| 12 | 12 | | Business Organizations Code, is amended to read as follows: |
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| 13 | 13 | | SUBCHAPTER B. PURPOSES, [AND] POWERS, AND DUTIES |
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| 14 | 14 | | SECTION 2. Subchapter B, Chapter 22, Business Organizations |
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| 15 | 15 | | Code, is amended by adding Section 22.057 to read as follows: |
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| 16 | 16 | | Sec. 22.057. RESTRICTED USE OF CERTAIN CONTRIBUTIONS TO |
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| 17 | 17 | | CORPORATIONS. (a) In this section, "contribution," "political |
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| 18 | 18 | | contribution," and "political expenditure" have the meanings |
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| 19 | 19 | | assigned by Section 251.001, Election Code. |
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| 20 | 20 | | (b) A corporation may not make a political contribution or |
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| 21 | 21 | | political expenditure from a contribution made to the corporation |
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| 22 | 22 | | by a person who informs the corporation at the time that the person |
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| 23 | 23 | | makes the contribution that the person does not want the |
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| 24 | 24 | | contribution to be used by the corporation to make a political |
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| 25 | 25 | | contribution or political expenditure. |
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| 26 | 26 | | (c) A corporation that is required to file a report under |
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| 27 | 27 | | Chapter 254, Election Code, and that solicits contributions by |
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| 28 | 28 | | written request or on an Internet website must include in the |
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| 29 | 29 | | request or on the website: |
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| 30 | 30 | | (1) a statement that a person who contributes to the |
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| 31 | 31 | | corporation may opt out of allowing the corporation to use the |
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| 32 | 32 | | person's contribution to make a political contribution or political |
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| 33 | 33 | | expenditure; and |
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| 34 | 34 | | (2) a box to check or a statement to sign by a person |
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| 35 | 35 | | making a contribution to indicate that the person does not want the |
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| 36 | 36 | | contribution to be used by the corporation to make a political |
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| 37 | 37 | | contribution or political expenditure. |
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| 38 | 38 | | SECTION 3. Subchapter B, Chapter 254, Election Code, is |
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| 39 | 39 | | amended by adding Section 254.044 to read as follows: |
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| 40 | 40 | | Sec. 254.044. DISCLOSURE OF CERTAIN INFORMATION NOT |
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| 41 | 41 | | ALLOWED. Notwithstanding any other law, a nonprofit corporation |
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| 42 | 42 | | organized under Chapter 22, Business Organizations Code, or a |
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| 43 | 43 | | comparable law of another state, that is required to disclose |
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| 44 | 44 | | information in a report required by this chapter is not required to |
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| 45 | 45 | | disclose in the report information regarding a contribution that a |
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| 46 | 46 | | person opts out of allowing the nonprofit corporation to use to make |
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| 47 | 47 | | a political contribution or political expenditure as provided by |
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| 48 | 48 | | Section 22.057, Business Organizations Code. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2015. |
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