86R11452 ATP-F
By: Meza H.B. No. 2044
A BILL TO BE ENTITLED
AN ACT
relating to limits on political contributions and expenditures by
certain candidates and officeholders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 253, Election Code, is
amended by adding Sections 253.044 and 253.045 to read as follows:
Sec. 253.044. LIMITATIONS ON CONTRIBUTIONS AND PAYMENTS.
(a) In this section:
(1) "Committee" includes:
(A) a general-purpose committee;
(B) a specific-purpose committee that supports a
candidate or assists an officeholder;
(C) a political committee; and
(D) any other committee that accepts political
contributions, if a candidate or officeholder has significant
influence over the actions or decisions of the committee.
(2) "Significant influence" means a level of
involvement in a committee or a noncommercial entity by a candidate
or officeholder, or an agent of a candidate or officeholder, and
includes:
(A) the use of the candidate's or officeholder's
name or office in the name of the entity; or
(B) the candidate or officeholder:
(i) attending meetings of the entity that
are not open to the public;
(ii) sitting as a member of the committee or
on the entity's board of directors;
(iii) participating in any joint acts with
the entity;
(iv) directing, approving, or disapproving
any expenditure made by the entity; or
(v) participating substantially in the
entity's fund-raising projects.
(b) A person, candidate, officeholder, or committee may not
make political contributions or payments to any officeholder,
candidate, or committee that supports the candidate or officeholder
that in the aggregate per election exceed:
(1) $7,000 for a gubernatorial candidate or the
governor;
(2) except as provided by Subdivision (1), $5,500 for
a candidate for statewide office or a state officer;
(3) $4,000 for a candidate for senate or a senator; and
(4) $2,700 for a candidate for, or member of, the house
of representatives.
(c) A person, candidate, officeholder, or committee may not
make political contributions or payments to a candidate, political
committee, or joint fund-raising committee that is not affiliated
with a candidate that in the aggregate exceed $30,000 per year.
(d) A person, candidate, officeholder, or committee may not
make political contributions or payments to a political party or an
entity directly affiliated with a political party that in the
aggregate per election exceed $50,000.
(e) A political party, including a subdivision of the
political party and a joint fund-raising committee affiliated with
the political party, may not make political contributions or
payments, including loans, transfers, or reimbursements of funds,
to any candidate, officeholder, or committee that supports the
candidate or officeholder that in the aggregate per election exceed
$30,000.
(f) A person, candidate, officeholder, committee, or other
entity may not make contributions or payments to a multi-candidate
political committee or a joint fund-raising committee that is not
affiliated with a political party that in the aggregate exceed
$30,000 per year.
(g) A candidate for a statewide or legislative office or any
specific-purpose committee that supports such a candidate may
accept political contributions only during the period beginning 17
months before the relevant general election and ending 30 days
after the relevant general election.
(h) The limits established by this section do not apply to
fund-raising by a candidate or officeholder on behalf of a charity
or a foundation, provided that:
(1) the candidate or officeholder does not receive any
benefit from the charity or foundation; and
(2) the name or office of the candidate or
officeholder is not used by the charity or foundation.
(i) The contribution limits described by Subsections (b),
(c), (d), (e), and (f) apply to any expenditures by a person,
committee, or other entity in the same manner as the limits apply to
a candidate or officeholder if the expenditure by the person,
committee, or entity is coordinated with a candidate or
officeholder.
(j) The commission shall make a determination as to whether
a person, committee, or other entity coordinated with a candidate
or officeholder for the purposes of this section. Coordination
with a candidate or officeholder shall be presumed if:
(1) the candidate or officeholder engages in
fund-raising for the person or entity;
(2) the candidate or officeholder has family members
or high-level staff who are employed by the person, committee, or
entity;
(3) the candidate or officeholder provided campaign
information to the person, committee, or entity, and the person,
committee, or entity made expenditures based on that information;
(4) the candidate or officeholder and the person,
committee, or entity employ the same consultants; or
(5) the person, committee, or entity republishes or
redistributes the candidate's or officeholder's campaign
communications.
(k) The commission shall adjust the contribution and
payment limits established by Subsections (b), (c), (d), (e), and
(f) for inflation in the manner provided by 52 U.S.C. Section
30116(c).
(l) Section 253.133 applies to a person who makes or accepts
a political contribution, payment, gift, or expenditure in
violation of the limits under this section. Sections 253.003,
253.004, and 253.005 do not apply to a political contribution,
payment, gift, or expenditure made or accepted in violation of this
section.
Sec. 253.045. CONTRIBUTIONS AT POLITICAL FUND-RAISING
EVENTS. (a) Section 253.044 does not prohibit a person from
hosting or co-hosting a fund-raising event that has a political
purpose, collecting political contributions or payments that are
within the limits established by Section 253.044 from persons
attending the event, and presenting the collected contributions or
payments to a candidate, officeholder, or committee.
(b) Contributions and payments collected at a fund-raising
event under Subsection (a) shall be attributed in the aggregate to
each host or co-host of the event for the purposes of Section
253.044.
(c) The host or co-host of the fund-raising event must also
compile a list of political contributions or payments made at the
event and submit the list, with the following information, to the
commission:
(1) the name, address, occupation, and employer of
each person who attended the fund-raising event and who made a
political contribution or payment;
(2) the date the fund-raising event occurred;
(3) the total amount of money raised at the
fund-raising event;
(4) the name of any candidate or officeholder for whom
political contributions or payments were collected at the event;
(5) the amount collected per election for each
candidate or officeholder at the event; and
(6) any other information required by the commission.
(d) Section 253.133 applies to a person who makes or accepts
a political contribution, payment, gift, or expenditure in
violation of this section. Sections 253.003, 253.004, and 253.005
do not apply to a political contribution, payment, gift, or
expenditure made or accepted in violation of this section.
SECTION 2. The changes in law made by this Act apply only to
a political contribution or expenditure made on or after the
effective date of this Act. A political contribution or
expenditure made before the effective date of this Act is governed
by the law in effect at the time the contribution or expenditure was
made, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.