87R1324 BRG-F
By: Meza H.B. No. 1036
A BILL TO BE ENTITLED
AN ACT
relating to limits on certain political contributions; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.003(c), Election Code, is amended to
read as follows:
(c) This section does not apply to a political contribution
made or accepted in violation of Subchapter C or F.
SECTION 2. Section 253.004(b), Election Code, is amended to
read as follows:
(b) This section does not apply to a political expenditure
made or authorized in violation of Subchapter C or F.
SECTION 3. Section 253.005(b), Election Code, is amended to
read as follows:
(b) This section does not apply to a political expenditure
that is:
(1) prohibited by Section 253.101; or
(2) made from a political contribution made in
violation of Subchapter C or F.
SECTION 4. Chapter 253, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. CERTAIN CONTRIBUTION LIMITS
Sec. 253.051. CONTRIBUTION LIMITS FOR INDIVIDUALS AND
CERTAIN POLITICAL COMMITTEES. (a) An individual may not make
campaign contributions to a candidate or specific-purpose
committee for supporting the candidate in a primary, general, or
special election that exceed:
(1) $7,000 for each candidate for governor;
(2) $5,500 for each candidate for a statewide office
other than governor;
(3) $4,000 for each candidate for the senate; and
(4) $2,700 for each candidate for the house of
representatives.
(b) A general-purpose committee may not make political
contributions to a candidate, officeholder, or specific-purpose
committee for supporting or assisting the candidate or officeholder
that exceed $30,000 per year for each candidate or officeholder.
Sec. 253.052. CERTAIN POLITICAL EXPENDITURES INCLUDED IN
CONTRIBUTION LIMITS. (a) A political expenditure made by an
individual or general-purpose committee in coordination with a
candidate or officeholder is a political contribution in support of
that candidate or officeholder for purposes of Section 253.051.
(b) For purposes of Subsection (a), a political expenditure
is in coordination with a candidate or officeholder if:
(1) the candidate or officeholder engages in
fund-raising for the individual or committee making the
expenditure;
(2) the candidate or officeholder has family members
or high-level staff who are employed by the individual or committee
making the expenditure;
(3) the expenditure was based on information about the
candidate's or officeholder's plans or needs provided to the
individual or committee by the candidate or officeholder;
(4) the candidate or officeholder and the individual
or committee employ one or more of the same consultants; or
(5) the individual or committee republishes or
redistributes the candidate's or officeholder's campaign
communications.
(c) The commission shall adopt rules to implement this
section.
Sec. 253.053. NONPROFIT FUND-RAISING NOT INCLUDED IN
CONTRIBUTION LIMITS. The limits established by Section 253.051 do
not apply to fund-raising by a candidate or officeholder on behalf
of a nonprofit charitable organization, provided that:
(1) the candidate or officeholder does not receive any
benefit from the organization; and
(2) the name or office of the candidate or
officeholder is not used by the organization.
Sec. 253.054. CONTRIBUTIONS AT POLITICAL FUND-RAISING
EVENTS. (a) This section applies only to a fund-raising event
intended to benefit a candidate, officeholder, or specific-purpose
committee for supporting or assisting the candidate or officeholder
and that is hosted by a person other than the candidate,
officeholder, or committee.
(b) A person who collects contributions at a fund-raising
event to which this section applies shall report to the commission:
(1) the amount of each contribution and the name,
address, occupation, and employer of each individual who made a
contribution;
(2) the date the fund-raising event occurred;
(3) the total amount of contributions collected at the
fund-raising event;
(4) the name of each candidate, officeholder, or
specific-purpose committee to which contributions collected at the
event were presented;
(5) the amount of contributions presented to each
candidate, officeholder, or specific-purpose committee after the
event; and
(6) any other information required by the commission.
(c) A contribution that is collected from an individual at a
fund-raising event to which this section applies and presented to a
candidate or specific-purpose committee for supporting the
candidate is a campaign contribution made by the individual for
purposes of Section 253.051(a).
(d) The commission shall prescribe a form for a report
required under this section.
Sec. 253.055. ADJUSTMENT FOR INFLATION. Not later than
December 1 of each year, the commission shall increase the
political contribution limits established by Section 253.051 by the
amount that results from applying the inflation rate, as determined
by the comptroller on the basis of the increase, if any, in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the United States Department of
Labor, to the current contribution limits. The adjusted
contribution limits shall be effective for the calendar year
following the adjustment.
Sec. 253.056. OFFENSE: EXCESSIVE CONTRIBUTION. (a) A
person commits an offense if the person knowingly makes
contributions in violation of Section 253.051 that exceed the
limitations provided by that section by $2,000 or more during a
calendar year.
(b) Except as provided by Subsection (c), an offense under
this section is a misdemeanor punishable by:
(1) a fine not to exceed:
(A) $100,000 for an individual; or
(B) $200,000 for a general-purpose committee;
(2) confinement in jail for a term not to exceed one
year; or
(3) both the fine and confinement.
(c) If the contributions made in violation of Section
253.051 exceed the limitations provided by that section by $25,000
or more during a calendar year, an offense under this section is a
felony punishable by:
(1) a fine not to exceed:
(A) $250,000 for an individual; or
(B) $500,000 for a general-purpose committee;
(2) imprisonment in the Texas Department of Criminal
Justice for any term of not more than five years; or
(3) both the fine and imprisonment.
SECTION 5. Not later than December 1, 2021, the Texas Ethics
Commission shall adopt rules and prescribe forms as necessary to
implement Subchapter C, Chapter 253, Election Code, as added by
this Act.
SECTION 6. The changes in law made by this Act apply only to
a contribution or expenditure made on or after the effective date of
this Act. A contribution or expenditure made before the effective
date of this Act is governed by the law in effect on the date the
contribution or expenditure was made, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect January 1, 2022.