Texas 2019 - 86th Regular

Texas House Bill HB2044 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11452 ATP-F
2	2	By: Meza H.B. No. 2044
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limits on political contributions and expenditures by
8	8	certain candidates and officeholders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 253, Election Code, is
11	11	amended by adding Sections 253.044 and 253.045 to read as follows:
12	12	Sec. 253.044. LIMITATIONS ON CONTRIBUTIONS AND PAYMENTS.
13	13	(a) In this section:
14	14	(1) "Committee" includes:
15	15	(A) a general-purpose committee;
16	16	(B) a specific-purpose committee that supports a
17	17	candidate or assists an officeholder;
18	18	(C) a political committee; and
19	19	(D) any other committee that accepts political
20	20	contributions, if a candidate or officeholder has significant
21	21	influence over the actions or decisions of the committee.
22	22	(2) "Significant influence" means a level of
23	23	involvement in a committee or a noncommercial entity by a candidate
24	24	or officeholder, or an agent of a candidate or officeholder, and
25	25	includes:
26	26	(A) the use of the candidate's or officeholder's
27	27	name or office in the name of the entity; or
28	28	(B) the candidate or officeholder:
29	29	(i) attending meetings of the entity that
30	30	are not open to the public;
31	31	(ii) sitting as a member of the committee or
32	32	on the entity's board of directors;
33	33	(iii) participating in any joint acts with
34	34	the entity;
35	35	(iv) directing, approving, or disapproving
36	36	any expenditure made by the entity; or
37	37	(v) participating substantially in the
38	38	entity's fund-raising projects.
39	39	(b) A person, candidate, officeholder, or committee may not
40	40	make political contributions or payments to any officeholder,
41	41	candidate, or committee that supports the candidate or officeholder
42	42	that in the aggregate per election exceed:
43	43	(1) $7,000 for a gubernatorial candidate or the
44	44	governor;
45	45	(2) except as provided by Subdivision (1), $5,500 for
46	46	a candidate for statewide office or a state officer;
47	47	(3) $4,000 for a candidate for senate or a senator; and
48	48	(4) $2,700 for a candidate for, or member of, the house
49	49	of representatives.
50	50	(c) A person, candidate, officeholder, or committee may not
51	51	make political contributions or payments to a candidate, political
52	52	committee, or joint fund-raising committee that is not affiliated
53	53	with a candidate that in the aggregate exceed $30,000 per year.
54	54	(d) A person, candidate, officeholder, or committee may not
55	55	make political contributions or payments to a political party or an
56	56	entity directly affiliated with a political party that in the
57	57	aggregate per election exceed $50,000.
58	58	(e) A political party, including a subdivision of the
59	59	political party and a joint fund-raising committee affiliated with
60	60	the political party, may not make political contributions or
61	61	payments, including loans, transfers, or reimbursements of funds,
62	62	to any candidate, officeholder, or committee that supports the
63	63	candidate or officeholder that in the aggregate per election exceed
64	64	$30,000.
65	65	(f) A person, candidate, officeholder, committee, or other
66	66	entity may not make contributions or payments to a multi-candidate
67	67	political committee or a joint fund-raising committee that is not
68	68	affiliated with a political party that in the aggregate exceed
69	69	$30,000 per year.
70	70	(g) A candidate for a statewide or legislative office or any
71	71	specific-purpose committee that supports such a candidate may
72	72	accept political contributions only during the period beginning 17
73	73	months before the relevant general election and ending 30 days
74	74	after the relevant general election.
75	75	(h) The limits established by this section do not apply to
76	76	fund-raising by a candidate or officeholder on behalf of a charity
77	77	or a foundation, provided that:
78	78	(1) the candidate or officeholder does not receive any
79	79	benefit from the charity or foundation; and
80	80	(2) the name or office of the candidate or
81	81	officeholder is not used by the charity or foundation.
82	82	(i) The contribution limits described by Subsections (b),
83	83	(c), (d), (e), and (f) apply to any expenditures by a person,
84	84	committee, or other entity in the same manner as the limits apply to
85	85	a candidate or officeholder if the expenditure by the person,
86	86	committee, or entity is coordinated with a candidate or
87	87	officeholder.
88	88	(j) The commission shall make a determination as to whether
89	89	a person, committee, or other entity coordinated with a candidate
90	90	or officeholder for the purposes of this section. Coordination
91	91	with a candidate or officeholder shall be presumed if:
92	92	(1) the candidate or officeholder engages in
93	93	fund-raising for the person or entity;
94	94	(2) the candidate or officeholder has family members
95	95	or high-level staff who are employed by the person, committee, or
96	96	entity;
97	97	(3) the candidate or officeholder provided campaign
98	98	information to the person, committee, or entity, and the person,
99	99	committee, or entity made expenditures based on that information;
100	100	(4) the candidate or officeholder and the person,
101	101	committee, or entity employ the same consultants; or
102	102	(5) the person, committee, or entity republishes or
103	103	redistributes the candidate's or officeholder's campaign
104	104	communications.
105	105	(k) The commission shall adjust the contribution and
106	106	payment limits established by Subsections (b), (c), (d), (e), and
107	107	(f) for inflation in the manner provided by 52 U.S.C. Section
108	108	30116(c).
109	109	(l) Section 253.133 applies to a person who makes or accepts
110	110	a political contribution, payment, gift, or expenditure in
111	111	violation of the limits under this section. Sections 253.003,
112	112	253.004, and 253.005 do not apply to a political contribution,
113	113	payment, gift, or expenditure made or accepted in violation of this
114	114	section.
115	115	Sec. 253.045. CONTRIBUTIONS AT POLITICAL FUND-RAISING
116	116	EVENTS. (a) Section 253.044 does not prohibit a person from
117	117	hosting or co-hosting a fund-raising event that has a political
118	118	purpose, collecting political contributions or payments that are
119	119	within the limits established by Section 253.044 from persons
120	120	attending the event, and presenting the collected contributions or
121	121	payments to a candidate, officeholder, or committee.
122	122	(b) Contributions and payments collected at a fund-raising
123	123	event under Subsection (a) shall be attributed in the aggregate to
124	124	each host or co-host of the event for the purposes of Section
125	125	253.044.
126	126	(c) The host or co-host of the fund-raising event must also
127	127	compile a list of political contributions or payments made at the
128	128	event and submit the list, with the following information, to the
129	129	commission:
130	130	(1) the name, address, occupation, and employer of
131	131	each person who attended the fund-raising event and who made a
132	132	political contribution or payment;
133	133	(2) the date the fund-raising event occurred;
134	134	(3) the total amount of money raised at the
135	135	fund-raising event;
136	136	(4) the name of any candidate or officeholder for whom
137	137	political contributions or payments were collected at the event;
138	138	(5) the amount collected per election for each
139	139	candidate or officeholder at the event; and
140	140	(6) any other information required by the commission.
141	141	(d) Section 253.133 applies to a person who makes or accepts
142	142	a political contribution, payment, gift, or expenditure in
143	143	violation of this section. Sections 253.003, 253.004, and 253.005
144	144	do not apply to a political contribution, payment, gift, or
145	145	expenditure made or accepted in violation of this section.
146	146	SECTION 2. The changes in law made by this Act apply only to
147	147	a political contribution or expenditure made on or after the
148	148	effective date of this Act. A political contribution or
149	149	expenditure made before the effective date of this Act is governed
150	150	by the law in effect at the time the contribution or expenditure was
151	151	made, and the former law is continued in effect for that purpose.
152	152	SECTION 3. This Act takes effect September 1, 2019.