H.B. No. 3580
AN ACT
relating to the revision or repeal of certain obsolete provisions
related to restrictions on political advertising, political
contributions, and political expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 253, Election Code, is
amended by adding Section 253.105 to read as follows:
Sec. 253.105. CONTRIBUTIONS TO DIRECT EXPENDITURE ONLY
COMMITTEES. (a) A corporation or labor organization may make a
political contribution from its own property to a political
committee that:
(1) is not established or controlled by a candidate or
an officeholder;
(2) makes or intends to make direct campaign
expenditures;
(3) does not make or intend to make political
contributions to:
(A) a candidate;
(B) an officeholder;
(C) a specific-purpose committee established or
controlled by a candidate or an officeholder; or
(D) a political committee that makes or intends
to make political contributions to a candidate, an officeholder, or
a specific-purpose committee established or controlled by a
candidate or an officeholder; and
(4) has filed an affidavit with the commission stating
the committee's intention to operate as described by Subdivisions
(2) and (3).
(b) A political contribution made by a corporation or labor
organization under this section does not constitute a violation of
Section 253.094(a) and the acceptance of the political contribution
does not constitute a violation of Section 253.003(b).
SECTION 2. Section 302.021(a), Government Code, is amended
to read as follows:
(a) A speaker candidate or former speaker candidate commits
an offense if the person:
(1) knowingly fails to file the declaration of
candidacy required by Section 302.0121;
(2) knowingly fails to file the statement required by
Section 302.013;
(3) knowingly accepts a contribution, loan, or promise
of a contribution or loan in violation of Section 302.0121(c);
(4) [knowingly accepts a contribution, loan, or
promise of a contribution or loan prohibited by Section 302.017
from a corporation, partnership, association, firm, union,
foundation, committee, club, or other organization or group of
persons;
[(5)] knowingly accepts a contribution from a person
who uses political contributions, interest earned on political
contributions, or an asset purchased with political contributions
to make the contribution in violation of Section 302.0191;
(5) [(6)] expends campaign funds for any purpose other
than those enumerated in Section 302.020;
(6) [(7)] knowingly retains contributions, assets
purchased with contributions, or interest or other income earned on
contributions in violation of Section 302.0201(b); or
(7) [(8)] knowingly fails to file the report of
unexpended campaign funds as required by Section 302.0201(d).
SECTION 3. Section 306.006(a), Government Code, is amended
to read as follows:
(a) A person may not use audio or visual materials produced
by or under the direction of the legislature or of a house,
committee, or agency of the legislature for a commercial purpose
unless the legislative entity that produced the audio or visual
materials or under whose direction the audio or visual materials
were produced gives its permission for the person's commercial use
and:
(1) the person uses the audio or visual materials only
for educational or public affairs programming, including news
programming[, that does not also constitute a use prohibited under
Section 306.005]; or
(2) the person transmits an unedited feed of the audio
or visual materials:
(A) to paid subscribers; or
(B) on an Internet website that is accessible to
the public.
SECTION 4. Section 306.006(g)(2), Government Code, is
amended to read as follows:
(2) "Visual materials" means photographic, video, or
other material containing a still or moving recorded image or
images [has the meaning assigned by Section 306.005].
SECTION 5. The following provisions are repealed:
(1) Sections 253.037(a) and (c), Election Code;
(2) Section 302.017, Government Code;
(3) Section 302.019, Government Code; and
(4) Section 306.005, Government Code.
SECTION 6. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3580 was passed by the House on April
18, 2019, by the following vote: Yeas 146, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3580 was passed by the Senate on May
10, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor