By: Huffman S.B. No. 1969
A BILL TO BE ENTITLED
AN ACT
relating to ethics of public servants, including the functions and
duties of the Texas Ethics Commission; the regulation of political
contributions, political advertising, lobbying, and conduct of
public servants; and the reporting of political contributions and
expenditures and personal financial information; providing civil
and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROCEDURES OF TEXAS ETHICS COMMISSION
SECTION 1.01. Subchapter B, Chapter 571, Government Code,
is amended by adding Section 571.033 to read as follows:
Sec. 571.033. NOTIFICATION PROCEDURES. The commission
shall adopt rules prescribing how the commission will notify any
person or provide any notice required by this subtitle, Chapter
305, or Title 15, Election Code.
SECTION 1.02. Section 571.0671, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) Electronic report data saved in a commission temporary
storage location for later retrieval and editing before the report
is filed is confidential and may not be disclosed. After the report
is filed, the information disclosed in the report is subject to the
law requiring the filing of the report.
ARTICLE 2. PERSONAL FINANCIAL STATEMENTS
SECTION 2.01. Section 571.0671, Government Code, is amended
to read as follows:
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING
SOFTWARE. (a) Computer software provided or approved by the
commission for use under Section 254.036(b), Election Code, or
Section 302.013, [or] 305.0064, or 572.0291 must:
(1) use a standardized format for the entry of names,
addresses, and zip codes;
(2) provide for secure and encoded transmission of
data from the computer of a person filing a report to the computers
used by the commission;
(3) be capable of being used by a person with basic
computing skills;
(4) provide confirmation to a person filing a report
that the report was properly received; and
(5) permit a person using a computer to prepare a
report or to retrieve information from a report to import
information to the report from a variety of computer software
applications that meet commission specifications for a standard
file format or export information from the report to a variety of
computer software applications that meet commission specifications
for a standard file format without the need to reenter information.
(b) Before determining the specifications for computer
software developed, purchased, or licensed for use under Section
254.036, Election Code, or Section 302.013, [or] 305.0064, or
572.0291, the commission shall conduct at least one public hearing
to discuss the specifications. For at least 10 days following the
hearing, the commission shall accept public comments concerning the
software specifications.
(c) The commission may provide software for use under
Section 254.036(b), Election Code, or Section 302.013, [or]
305.0064, or 572.0291 by making the software available on the
Internet. If the commission makes the software available on the
Internet, the commission is not required to provide the software on
computer diskettes, CD-ROMs, or other storage media without charge
to persons required to file reports under that section, but may
charge a fee for providing the software on storage media. A fee
under this subsection may not exceed the cost to the commission of
providing the software.
SECTION 2.02. Subchapter B, Chapter 572, Government Code,
is amended by adding Section 572.0291 to read as follows:
Sec. 572.0291. ELECTRONIC FILING REQUIRED. A financial
statement filed with the commission must be filed by computer
diskette, modem, or other means of electronic transfer, using
computer software provided by the commission or computer software
that meets commission specifications for a standard file format.
SECTION 2.03. Subchapter B, Chapter 572, Government Code,
is amended by adding Section 572.0292 to read as follows:
Sec. 572.0292. PREPARATION OF FORMS. The commission shall
design forms that may be used for filing a financial statement with
an authority other than the commission.
SECTION 2.04. The heading to Section 572.030, Government
Code, is amended to read as follows:
Sec. 572.030. NOTIFICATION OF FILING REQUIREMENT
[PREPARATION AND MAILING OF FORMS].
SECTION 2.05. Subsections (b) and (c), Section 572.030,
Government Code, are amended to read as follows:
(b) The commission shall notify [mail to] each individual
required to file under this subchapter of [a notice that]:
(1) the requirement [states] that the individual [is
required to] file a financial statement under this subchapter;
(2) [identifies] the filing dates for the financial
statement as provided by Sections 572.026 and 572.027; and
(3) [describes] the manner in which the individual may
electronically file the financial statement and access
instructions for filing financial statements on [obtain the
financial statement forms and instructions from] the commission's
Internet website[;
[(4) states that on request of the individual, the
commission will mail to the individual a copy of the financial
statement forms and instructions; and
[(5) states, if applicable, the fee for mailing the
forms and instructions and the manner in which the individual may
pay the fee].
(c) The notification [notice] required by Subsection (b)
must be provided [mailed]:
(1) before the 30th day before the deadline for filing
the financial statement under Section 572.026(a) or (c), except as
otherwise provided by this subsection;
(2) not later than the 15th day after the applicable
deadline for filing an application for a place on the ballot or a
declaration of write-in candidacy for candidates required to file
under Section 572.027(a), (b), or (c);
(3) not later than the seventh day after the date of
appointment for individuals required to file under Section
572.026(b), or if the legislature is in session, sooner if
possible; and
(4) not later than the fifth day after the date the
certificate of nomination is filed for candidates required to file
under Section 572.027(d) [574.027(d)].
SECTION 2.06. Subsection (b), Section 572.031, Government
Code, is amended to read as follows:
(b) If the commission determines that an individual has
failed to file the statement in compliance with this subchapter,
the commission shall notify [send a written statement of the
determination to] the appropriate prosecuting attorney for
[attorneys of] the state of the determination.
SECTION 2.07. Section 572.032, Government Code, is amended
by amending Subsection (a-1) and adding Subsection (a-2) to read as
follows:
(a-1) The commission shall remove the home address of a
judge, [or] justice, or district attorney from a financial
statement filed under this subchapter before:
(1) permitting a member of the public to view the
statement; or
(2) providing a copy of the statement to a member of
the public.
(a-2) The commission shall remove the home address of an
individual from a financial statement filed by the individual under
this subchapter before:
(1) permitting a member of the public to view the
statement; or
(2) providing a copy of the statement to a member of
the public.
SECTION 2.08. Subsections (a) and (b), Section 572.033,
Government Code, are amended to read as follows:
(a) The commission shall determine from any available
evidence whether a statement required to be filed under this
subchapter is late. On making a determination that the statement is
late, the commission shall notify [immediately mail a notice of the
determination to] the individual responsible for filing the
statement and [to] the appropriate prosecuting attorney for the
state of the determination.
(b) If a statement is determined to be late, the individual
responsible for filing the statement is liable to the state for a
civil penalty of $500. If a statement is more than 30 days late, the
commission shall issue a warning of liability [by registered mail]
to the individual responsible for the filing. If the penalty is not
paid before the 10th day after the date on which the warning is
received, the individual is liable for a civil penalty in an amount
determined by commission rule, but not to exceed $10,000.
SECTION 2.09. Section 145.003, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) The statement may be filed with the clerk or secretary
by electronic mail. The clerk or secretary may prescribe
guidelines for filing by electronic mail.
SECTION 2.10. Subsection (d), Section 145.004, Local
Government Code, is amended to read as follows:
(d) The timeliness of the filing is governed by Section
572.029, Government Code. In addition, a financial statement that
is not filed by electronic mail is timely filed if it is properly
addressed and placed in the United States post office or in the
hands of a common or contract carrier not later than the last day
for filing the financial statement. The post office cancellation
mark or the receipt mark of a common or contract carrier is prima
facie evidence of the date the statement was deposited with the post
office or carrier. The individual filing the statement may show by
competent evidence that the actual date of posting was different
from that shown by the mark.
SECTION 2.11. Section 159.003, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) The statement may be filed with the county clerk by
electronic mail. The county clerk may prescribe guidelines for
filing by electronic mail.
SECTION 2.12. Subsection (b), Section 159.004, Local
Government Code, is amended to read as follows:
(b) The timeliness of the filing is governed by Section
572.029, Government Code. In addition, a financial statement that
is not filed by electronic mail is timely filed if it is properly
addressed and placed in the United States post office or in the
hands of a common or contract carrier not later than the last day
for filing the financial statement. The post office cancellation
mark or the receipt mark of a common or contract carrier is prima
facie evidence of the date the statement was deposited with the post
office or carrier. The individual filing the statement may show by
competent evidence that the actual date of posting was different
from that shown by the mark.
SECTION 2.13. Section 159.034, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) A report filed under this subchapter may be filed by
electronic mail. The authority with whom the report is filed may
prescribe guidelines for filing by electronic mail.
SECTION 2.14. Section 159.052, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) A financial statement filed with the county clerk may be
filed by electronic mail. The county clerk may prescribe
guidelines for filing by electronic mail under this subsection.
SECTION 2.15. Subsection (b), Section 159.053, Local
Government Code, is amended to read as follows:
(b) The timeliness of the filing is governed by Section
572.029, Government Code. In addition, a financial statement that
is not filed by electronic mail is timely filed if it is properly
addressed and placed in the United States post office or in the
hands of a common or contract carrier not later than the last day
for filing the financial statement. The post office cancellation
mark or the receipt mark of a common or contract carrier is prima
facie evidence of the date the statement was deposited with the post
office or carrier. The individual filing the statement may show by
competent evidence that the actual date of posting was different
from that shown by the mark.
SECTION 2.16. Subsection (a-1), Section 572.032,
Government Code, as amended by this Act, applies to any financial
statement filed under Subchapter B, Chapter 572, Government Code,
that the Texas Ethics Commission maintains on file and that is
accessible to the public on or after the effective date of this Act.
SECTION 2.17. Subsection (a-2), Section 572.032,
Government Code, as added by this Act, applies only to a financial
statement filed under Subchapter B, Chapter 572, Government Code,
on or after the date the Texas Ethics Commission determines that the
computer software that a person is required to use to
electronically file a financial statement includes features that
allow the commission to easily and quickly redact information in
the statement. A financial statement filed before that date is
governed by the law in effect on the date of filing, and the former
law is continued in effect for that purpose.
ARTICLE 3. CAMPAIGN FINANCE
SECTION 3.01. Subdivision (16), Section 251.001, Election
Code, is amended to read as follows:
(16) "Political advertising" means a communication
supporting or opposing a candidate for nomination or election to a
public office or office of a political party, a political party, a
public officer, or a measure that:
(A) in return for consideration, is published in
a newspaper, magazine, or other periodical or is broadcast by radio
or television; [or]
(B) is transmitted by an automated dial
announcing device, as defined by Section 55.121, Utilities Code; or
(C) appears:
(i) in a pamphlet, circular, flier,
billboard or other sign, bumper sticker, or similar form of written
communication; or
(ii) on an Internet website.
SECTION 3.02. Section 251.003, Election Code, is amended to
read as follows:
Sec. 251.003. [PROHIBITION OF] DOCUMENT FILING FEE. (a) A
candidate, an officeholder other than the secretary of state, and a
political committee shall pay an annual fee for each year in which
the candidate, officeholder, or political committee files [A charge
may not be made for filing] a document required to be filed under
this title.
(b) This section does not apply to:
(1) a candidate, officeholder, or specific-purpose
committee who files reports under this title with an authority
other than the commission;
(2) a candidate who filed a petition in lieu of the
filing fee with the candidate's application for a place on the
ballot; or
(3) an officeholder who filed a petition in lieu of the
filing fee with the application for a place on the ballot as a
candidate for the office held by the officeholder.
(c) The commission shall by rule determine the amount of the
annual fee under this section in an amount, not to exceed $100, that
the commission determines necessary for the administration of this
title.
(d) The commission shall adopt rules to implement this
section.
SECTION 3.03. The heading to Chapter 252, Election Code, is
amended to read as follows:
CHAPTER 252. CAMPAIGN TREASURER, AND PRINCIPAL POLITICAL COMMITTEE
SECTION 3.04. Chapter 252, Election Code, is amended by
designating Sections 252.001 through 252.015 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. CAMPAIGN TREASURER
SECTION 3.05. Section 252.001, Election Code, is amended to
read as follows:
Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED.
Except as provided in Subchapter C, each [Each] candidate and each
political committee shall appoint a campaign treasurer as provided
by this subchapter [chapter].
SECTION 3.06. Subchapter A, Chapter 252, Election Code, is
amended by adding Section 252.00311 to read as follows:
Sec. 252.00311. CERTAIN USE OF CANDIDATE'S NAME BY
POLITICAL COMMITTEE PROHIBITED. (a) Notwithstanding Section
252.0031(b), the name of a political committee may not include the
name of any candidate that the committee supports if the candidate
has not previously consented to and approved of the committee's
formation.
(b) A violation of this section is a deceptive trade
practice under Subchapter E, Chapter 17, Business & Commerce Code,
and is actionable under that subchapter.
SECTION 3.07. Chapter 252, Election Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. PRINCIPAL POLITICAL COMMITTEE
Sec. 252.101. DESIGNATION OF PRINCIPAL POLITICAL
COMMITTEE. (a) A candidate required to file a campaign treasurer
appointment with the commission or an officeholder of an office for
which a candidate is required to file a campaign treasurer
appointment with the commission may designate a specific-purpose
committee as the principal political committee for the candidate or
officeholder with the responsibility of reporting any activity of
the candidate or officeholder for which the candidate or
officeholder would otherwise be required to file a report under
Chapter 254.
(b) A candidate who designates a principal political
committee under this subchapter is not required to appoint a
campaign treasurer under Subchapter A.
(c) A designation of a principal political committee must be
in writing and filed with the commission.
Sec. 252.102. LIMITATION ON DESIGNATION OF AND AS PRINCIPAL
POLITICAL COMMITTEE. (a) A candidate or officeholder may
designate only one specific-purpose committee as the candidate's or
officeholder's principal political committee.
(b) A specific-purpose committee may be designated as the
principal political committee for only one candidate or
officeholder.
SECTION 3.08. Subchapter A, Chapter 253, Election Code, is
amended by adding Section 253.006 to read as follows:
Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY
LOBBYISTS RESTRICTED. (a) In this section, "administrative
action," "communicates directly with," "legislation," "member of
the executive branch," and "member of the legislative branch" have
the meanings assigned by Section 305.002, Government Code.
(b) Notwithstanding any other provision of law and except as
provided by Subsection (c), a person required to register under
Chapter 305, Government Code, may not, before the second
anniversary of the date the last term for which the person was
elected ends, knowingly make or authorize a political contribution
or political expenditure from political contributions accepted by
the person as a candidate or officeholder.
(c) Subsection (b) does not apply to a person who:
(1) communicates directly with a member of the
legislative or executive branch only to influence legislation or
administrative action on behalf of:
(A) a nonprofit organization exempt from federal
income taxation under Section 501(a), Internal Revenue Code of
1986, as an organization described by Section 501(c)(3) of that
code;
(B) a group of low-income individuals; or
(C) a group of individuals with disabilities;
and
(2) does not receive compensation other than
reimbursement for actual expenses for engaging in communication
described by Subdivision (1).
(d) A person who violates this section commits an offense.
An offense under this section is a Class A misdemeanor.
SECTION 3.09. Subsection (a), Section 253.158, Election
Code, is amended to read as follows:
(a) For purposes of Sections 253.155 and 253.157, a
contribution by the [spouse or] child of an individual is
considered to be a contribution by the individual.
SECTION 3.10. Section 254.036, Election Code, is amended by
amending Subsections (c) and (c-1) and adding Subsections (d) and
(d-1) to read as follows:
(c) A candidate, officeholder, or political committee that
is required to file reports with the commission may file reports
that comply with Subsection (a) if:
(1) the candidate, officeholder, or campaign
treasurer of the committee files with the commission an affidavit
stating that the candidate, officeholder, or committee, an agent of
the candidate, officeholder, or committee, or a person with whom
the candidate, officeholder, or committee contracts does not use
computer equipment to keep the current records of political
contributions, political expenditures, or persons making political
contributions to the candidate, officeholder, or committee; and
(2) the candidate, officeholder, or committee has
never [does not], in a calendar year, accepted [accept] political
contributions that in the aggregate exceeded [exceed] $20,000 or
made [make] political expenditures that in the aggregate exceeded
[exceed] $20,000.
(c-1) An affidavit under Subsection (c) must be filed with
each report filed under Subsection (a). The affidavit must include
a statement that the candidate, officeholder, or political
committee understands that the candidate, officeholder, or
committee shall file reports as required by Subsection (b) if:
(1) the candidate, officeholder, or committee, a
consultant of the candidate, officeholder, or committee, or a
person with whom the candidate, officeholder, or committee
contracts uses computer equipment for a purpose described by
Subsection (c); or
(2) the candidate, officeholder, or committee ever
exceeds $20,000 in political contributions or political
expenditures in a calendar year.
(d) A legislative caucus may file reports that comply with
Subsection (a) if:
(1) the legislative caucus chair files with the
commission an affidavit stating that the caucus, an agent of the
caucus, or a person with whom the caucus contracts does not use
computer equipment to keep the current records of contributions,
expenditures, or persons making contributions to the caucus; and
(2) the caucus has never, in a calendar year, accepted
contributions that in the aggregate exceeded $20,000 or made
expenditures that in the aggregate exceeded $20,000.
(d-1) An affidavit under Subsection (d) must be filed with
each report filed under Subsection (a). The affidavit must include
a statement that the legislative caucus understands that the caucus
shall file reports as required by Subsection (b) if:
(1) the caucus, a consultant of the caucus, or a person
with whom the caucus contracts uses computer equipment for a
purpose described by Subsection (d); or
(2) the caucus ever exceeds $20,000 in contributions
or expenditures in a calendar year.
SECTION 3.11. Subsections (a) and (b), Section 254.042,
Election Code, are amended to read as follows:
(a) The commission shall determine from any available
evidence whether a report required to be filed with the commission
under this chapter is late. On making that determination, the
commission shall immediately notify [mail a notice of the
determination to] the person required to file the report of the
determination.
(b) If a report other than a report under Section
254.064(c), 254.124(c), or 254.154(c) or the first report under
Section 254.063 or 254.123 that is required to be filed following
the primary or general election is determined to be late, the person
required to file the report is liable to the state for a civil
penalty of $500. If a report under Section 254.064(c), 254.124(c),
or 254.154(c) or the first report under Section 254.063 or 254.153
that is required to be filed following the primary or general
election is determined to be late, the person required to file the
report is liable to the state for a civil penalty of $500 for the
first day the report is late and $100 for each day thereafter that
the report is late. If a report is more than 30 days late, the
commission shall issue a warning of liability [by registered mail]
to the person required to file the report. If the penalty is not
paid before the 10th day after the date on which the warning is
received, the person is liable for a civil penalty in an amount
determined by commission rule, but not to exceed $10,000.
SECTION 3.12. Subchapter C, Chapter 254, Election Code, is
amended by adding Section 254.067 to read as follows:
Sec. 254.067. REPORT NOT REQUIRED. If during any reporting
period prescribed by this subchapter a candidate designates a
specific-purpose committee as the candidate's principal political
committee as provided by Section 252.101, the candidate is not
required to file a report covering that period if the candidate's
principal political committee reports all of the activity that
would otherwise be required to be included in the report,
including:
(1) the amount of any political contribution,
including any loan, made by the candidate to the principal
political committee; and
(2) the amount of any political expenditure made by
the candidate from personal funds and whether the candidate intends
to seek reimbursement of the expenditure from the principal
political committee.
SECTION 3.13. Section 254.095, Election Code, is amended to
read as follows:
Sec. 254.095. REPORT NOT REQUIRED. (a) If at the end of
any reporting period prescribed by this subchapter an officeholder
who is required to file a report with an authority other than the
commission has not accepted political contributions that in the
aggregate exceed $500 or made political expenditures that in the
aggregate exceed $500, the officeholder is not required to file a
report covering that period.
(b) If during any reporting period prescribed by this
subchapter an officeholder designates a specific-purpose committee
as the officeholder's principal political committee as provided by
Section 252.101, the officeholder is not required to file a report
covering that period if the officeholder's principal political
committee reports all of the activity that would otherwise be
required to be included in the report, including:
(1) the amount of any political contribution,
including any loan, made by the officeholder to the principal
political committee; and
(2) the amount of any political expenditure made by
the officeholder from personal funds and whether the officeholder
intends to seek reimbursement of the expenditure from the principal
political committee.
SECTION 3.14. Section 254.157, Election Code, is amended to
read as follows:
Sec. 254.157. MONTHLY REPORTING SCHEDULE. (a) The
campaign treasurer of a general-purpose committee filing monthly
reports shall file a report not later than the 10th [fifth] day of
the month following the period covered by the report. A report
covering the month preceding an election in which the committee is
involved must be received by the commission [authority with whom
the report is required to be filed] not later than the 10th [fifth]
day of the month following the period covered by the report.
(b) A monthly report covers the period beginning the first
calendar [26th] day of each month and continuing through the last
calendar [25th] day of that [the following] month[, except that the
period covered by the first report begins January 1 and continues
through January 25].
SECTION 3.15. Section 254.158, Election Code, is amended to
read as follows:
Sec. 254.158. EXCEPTION TO MONTHLY REPORTING SCHEDULE. If
the campaign treasurer appointment of a general-purpose committee
filing monthly reports is filed after January 1 of the year in which
monthly reports are filed, the period covered by the first monthly
report begins the day the appointment is filed and continues
through the last calendar [25th] day of the month in which the
appointment is filed unless the appointment is filed the last
calendar [25th or a succeeding] day of the month. In that case, the
period continues through the last calendar [25th] day of the month
following the month in which the appointment is filed.
SECTION 3.16. Subchapter J, Chapter 254, Election Code, is
amended by adding Section 254.2611 to read as follows:
Sec. 254.2611. CERTAIN NONPROFIT MEMBERSHIP ASSOCIATIONS
NOT ACTING IN CONCERT. For purposes of Section 254.261, a person is
not considered to be acting in concert with another person if the
person:
(1) is a nonprofit membership association subject to
Subchapter D, Chapter 253;
(2) is part of a multi-tiered local, state, and
national nonprofit membership association structure; and
(3) communicates with any entity within the
multi-tiered association structure to make a direct campaign
expenditure in this state.
SECTION 3.17. Subchapter J, Chapter 254, Election Code, is
amended by adding Section 254.263 to read as follows:
Sec. 254.263. APPLICABILITY OF PRIVILEGE TO CERTAIN PERSONS
MAKING DIRECT CAMPAIGN EXPENDITURES. The privilege established
under Subchapter C, Chapter 22, Civil Practice and Remedies Code,
does not apply to:
(1) a person who is required to file a report under
Section 254.261, who controls a political committee, or who makes a
political expenditure described by Section 253.100(a);
(2) a person who is required to be disclosed on federal
Internal Revenue Service Form 990 as an entity related to a person
described by Subdivision (1); or
(3) a person who is an employee or contractor of, who
acts under the control of, or who acts on behalf of a person
described by Subdivision (1) or (2).
SECTION 3.18. Section 255.001, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) A person may not knowingly cause to be published,
distributed, or broadcast political advertising containing express
advocacy that does not include [indicate] in the advertising:
(1) an indication that it is political advertising;
[and]
(2) the full name of:
(A) the person who paid for the political
advertising;
(B) the political committee authorizing the
political advertising; or
(C) the candidate or specific-purpose committee
supporting the candidate, if the political advertising is
authorized by the candidate;
(3) if the political advertising is authorized by the
candidate:
(A) for advertising transmitted through radio,
an audio statement made by the candidate that identifies the
candidate and states that the candidate has approved the
communication; and
(B) for advertising transmitted through
television:
(i) a clearly identifiable photographic or
similar image of the candidate; and
(ii) a statement in writing identifying the
candidate and stating that the candidate has approved the
communication that appears:
(a) at the end of the communication
for not less than four seconds; and
(b) in letters that are at least four
percent of the vertical screen height; and
(4) if the political advertising is not authorized by
the candidate:
(A) for advertising transmitted through radio,
an audio statement of the name of the person who paid for the
advertising, made by an individual named in the statement or by a
representative of a person named in the statement who is not an
individual; and
(B) for advertising transmitted through
television, a written statement that contains the name of the
person who paid for the advertising and that appears:
(i) at the end of the communication for not
less than four seconds; and
(ii) in letters that are at least four
percent of the vertical screen height.
(a-1) An Internet website containing political advertising
must contain the disclosure required by this section on each page of
the website containing the political advertising. The disclosure
must appear:
(1) in a printed box set apart from the rest of the
contents of the page;
(2) in a font size that is at least 12 pixels; and
(3) in black text on a white background or in a text
color so that the degree of contrast between the background color
and the disclosure text color is at least as great as the degree of
contrast between the background color and the color of the largest
text on the page.
(a-2) If political advertising appears on a social media
website, a disclosure that complies with Subsection (a-1) must
appear on the appropriate social media profile page. If political
advertising on an Internet website, including a social media
profile page, is too small to include the disclosure in a manner
that complies with Subsection (a-1), the disclosure satisfies the
requirements of Subsection (a-1) if the disclosure links to another
Internet website page that displays the full disclosure and is
operational and freely accessible during the time the advertisement
is visible. Internet advertising that is too small to include a
disclosure complying with Subsection (a-1) includes an
advertisement classified as a micro bar or button according to
applicable advertising standards, an advertisement that has 200 or
fewer characters, and a graphic or picture link in which including
the disclosure is not reasonably practical because of the size of
the graphic or picture link.
(d) This section does not apply to:
(1) tickets or invitations to political fund-raising
events;
(2) campaign buttons, pins, hats, or similar campaign
materials; [or]
(3) circulars or flyers that cost in the aggregate
less than $500 to publish and distribute; or
(4) political advertising distributed by sending a
text message using a mobile communications service.
SECTION 3.19. Section 257.003, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) A political party that accepts contributions authorized
by Section 253.104 shall report all contributions and expenditures
made to and from the account required by Section 257.002, except as
provided by Subsection (e).
(e) A county executive committee of a political party is not
required to file a report under this section if the committee:
(1) has less than $250 in one or more accounts
maintained by the committee in which contributions authorized by
Section 253.104 are deposited, as of the last day of the preceding
reporting period;
(2) has not accepted any contributions authorized by
Section 253.104 during the reporting period to be covered by the
report; and
(3) has not made an expenditure from contributions
authorized by Section 253.104 during the reporting period to be
covered by the report.
SECTION 3.20. Subchapter B, Chapter 305, Government Code,
is amended by adding Section 305.030 to read as follows:
Sec. 305.030. EXPENDITURES FROM POLITICAL CONTRIBUTIONS
RESTRICTED. (a) In this section, "political contribution" has the
meaning assigned by Section 251.001, Election Code.
(b) Notwithstanding any other provision of law and except as
provided by Subsection (c), a person required to register under
this chapter may not, before the second anniversary of the date the
last term for which the person was elected ends, knowingly make or
authorize an expenditure under this chapter from political
contributions accepted by the person as a candidate or
officeholder.
(c) Subsection (b) does not apply to a person who:
(1) communicates directly with a member of the
legislative or executive branch only to influence legislation or
administrative action on behalf of:
(A) a nonprofit organization exempt from federal
income taxation under Section 501(a), Internal Revenue Code of
1986, as an organization described by Section 501(c)(3) of that
code;
(B) a group of low-income individuals; or
(C) a group of individuals with disabilities; and
(2) does not receive compensation other than
reimbursement for actual expenses for engaging in communication
described by Subdivision (1).
SECTION 3.21. Section 253.006, Election Code, as added by
this article, and Section 305.030, Government Code, as added by
this article, apply to a political contribution, political
expenditure, or lobbying expenditure made on or after September 1,
2013, from funds accepted as a political contribution, regardless
of the date the funds were accepted.
SECTION 3.22. Section 253.158, Election Code, as amended by
this Act, applies only to a political contribution accepted on or
after the effective date of this Act. A contribution accepted
before the effective date of this Act is governed by the law in
effect on the date the contribution was accepted or the expenditure
was made, and the former law is continued in effect for that
purpose.
SECTION 3.23. The changes in law made by this article apply
only to a report required to be filed under Chapter 254, Election
Code, on or after the effective date of this Act. A report required
to be filed under Chapter 254, Election Code, before the effective
date of this Act is governed by the law in effect on the date the
report is due, and the former law is continued in effect for that
purpose.
SECTION 3.24. (a) Not later than September 15, 2015, each
legislative caucus in existence on September 1, 2015, shall appoint
a caucus chair and file a caucus chair appointment with the Texas
Ethics Commission as required by Subchapter B, Chapter 252,
Election Code, as added by this Act. Notwithstanding Section
254.0311, Election Code, as amended by this Act:
(1) not later than October 1, 2015, a legislative
caucus shall file a report under Section 254.0311, Election Code,
as that section existed before amendment by this Act, that covers
the period beginning July 1, 2015, or the day the caucus is
organized, as applicable, and continuing through September 15,
2015; and
(2) not later than January 15, 2016, a legislative
caucus chair appointed under this subsection shall file a report
under Section 254.0311, Election Code, as amended by this Act, that
covers the period beginning September 15, 2015, and continuing
through December 31, 2015.
(b) A legislative caucus chair appointed under Subsection
(a) of this section is not responsible for:
(1) reporting caucus activity that occurs before
September 15, 2013; or
(2) maintaining records of caucus activity that occurs
before September 15, 2015.
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. This Act takes effect September 1, 2015.