| 1 | 1 | | By: Meza H.B. No. 1847 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to limits on political contributions to certain candidates |
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| 7 | 7 | | and officeholders. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 253, Election Code, is |
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| 10 | 10 | | amended by adding Section 253.044 to read as follows: |
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| 11 | 11 | | Sec. 253.044. LIMITATIONS ON CONTRIBUTIONS. (a) In this |
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| 12 | 12 | | section: |
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| 13 | 13 | | (1) "Committee" includes: |
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| 14 | 14 | | (A) a general-purpose committee; |
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| 15 | 15 | | (B) a specific-purpose committee that supports a |
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| 16 | 16 | | candidate or assists an officeholder; |
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| 17 | 17 | | (C) a political committee; and |
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| 18 | 18 | | (D) any other committee that accepts politi |
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| 19 | 19 | | cal |
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| 20 | 20 | | contributions, if a candidate or officeholder has significant |
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| 21 | 21 | | influence over the actions or decisions of the committee. |
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| 22 | 22 | | (2) "Significant influence" means a level of |
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| 23 | 23 | | involvement in a committee or a noncommercial entity by a candidate |
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| 24 | 24 | | or officeholder, or an agent of a candidate or officeholder, and |
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| 25 | 25 | | includes: |
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| 26 | 26 | | (A) the use of the candidate's or officeholder's |
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| 27 | 27 | | name or office in the name of the entity; or |
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| 28 | 28 | | (B) the candidate or officeholder: |
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| 29 | 29 | | (i) attending meetings of the entity that |
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| 30 | 30 | | are not open to the public; |
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| 31 | 31 | | (ii) sitting as a member of the committee or |
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| 32 | 32 | | on the entity's board of directors; |
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| 33 | 33 | | (iii) participating in any joint acts with |
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| 34 | 34 | | the entity; |
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| 35 | 35 | | (iv) directing, approving, or disapproving |
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| 36 | 36 | | any expenditure made by the entity; or |
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| 37 | 37 | | (v) participating substantially in the |
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| 38 | 38 | | entity's fund-raising projects. |
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| 39 | 39 | | (b) A person, candidate, officeholder, or committee may not |
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| 40 | 40 | | make political contributions to any officeholder, candidate, or |
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| 41 | 41 | | committee that supports the candidate or officeholder that in the |
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| 42 | 42 | | aggregate per calendar year exceed $5,000 for: |
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| 43 | 43 | | (1) a candidate for or officeholder who holds a |
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| 44 | 44 | | statewide office; and |
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| 45 | 45 | | (2) a candidate for, or member of, the legislature. |
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| 46 | 46 | | (c) The contribution limit described by Subsection (b) |
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| 47 | 47 | | applies to any expenditures by a person, committee, or other entity |
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| 48 | 48 | | in the same manner as the limit applies to a candidate or |
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| 49 | 49 | | officeholder if the expenditure by the person, committee, or entity |
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| 50 | 50 | | is coordinated with a candidate or officeholder. |
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| 51 | 51 | | (d) The commission shall make a determination as to whether |
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| 52 | 52 | | a person, committee, or other entity coordinated with a candidate |
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| 53 | 53 | | or officeholder for the purposes of this section. Coordination |
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| 54 | 54 | | with a candidate or officeholder shall be presumed if: |
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| 55 | 55 | | (1) the candidate or officeholder engages in |
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| 56 | 56 | | fund-raising for the person or entity; |
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| 57 | 57 | | (2) the candidate or officeholder has family members |
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| 58 | 58 | | or high-level staff who are employed by the person, committee, or |
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| 59 | 59 | | entity; |
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| 60 | 60 | | (3) the candidate or officeholder provided campaign |
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| 61 | 61 | | information to the person, committee, or entity, and the person, |
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| 62 | 62 | | committee, or entity made expenditures based on that information; |
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| 63 | 63 | | (4) the candidate or officeholder and the person, |
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| 64 | 64 | | committee, or entity employ the same consultants; or |
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| 65 | 65 | | (5) the person, committee, or entity republishes or |
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| 66 | 66 | | redistributes the candidate's or officeholder's campaign |
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| 67 | 67 | | communications. |
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| 68 | 68 | | SECTION 2. The changes in law made by this Act apply only to |
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| 69 | 69 | | a political contribution or expenditure made on or after the |
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| 70 | 70 | | effective date of this Act. A political contribution or |
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| 71 | 71 | | expenditure made before the effective date of this Act is governed |
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| 72 | 72 | | by the law in effect at the time the contribution or expenditure was |
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| 73 | 73 | | made, and the former law is continued in effect for that purpose. |
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| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2019. |
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