Texas 2023 - 88th Regular

Texas House Bill HB2225 Compare Versions

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1	1	88R9483 CJD-D
2	2	By: Tepper H.B. No. 2225
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the filing with the Texas Ethics Commission of campaign
8	8	treasurer appointments and reports of political contributions and
9	9	political expenditures.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 252.002(b), Election Code, is amended to
12	12	read as follows:
13	13	(b) A political committee [that files its campaign
14	14	treasurer appointment with the commission] must notify the
15	15	commission in writing of any change in the campaign treasurer's
16	16	address not later than the 10th day after the date on which the
17	17	change occurs.
18	18	SECTION 2. Sections 252.0031(a) and (b), Election Code, are
19	19	amended to read as follows:
20	20	(a) In addition to the information required by Section
21	21	252.002, a campaign treasurer appointment by a specific-purpose
22	22	committee for supporting or opposing a candidate for a statewide
23	23	[an] office, a district office filled by voters of more than one
24	24	county, a judicial district office filled by voters of only one
25	25	county, state senator, state representative, or the State Board of
26	26	Education [specified by Section 252.005(1)] must include:
27	27	(1) the name of and the office sought by the candidate;
28	28	and
29	29	(2) before the committee may use a political
30	30	contribution from a corporation or a labor organization to make a
31	31	direct campaign expenditure in connection with a campaign for an
32	32	elective office, an affidavit stating that:
33	33	(A) the committee is not established or
34	34	controlled by a candidate or an officeholder; and
35	35	(B) the committee will not use any political
36	36	contribution from a corporation or a labor organization to make a
37	37	political contribution to:
38	38	(i) a candidate for elective office;
39	39	(ii) an officeholder; or
40	40	(iii) a political committee that has not
41	41	filed an affidavit under this subdivision or Section 252.003(a)(4).
42	42	(b) The name of a specific-purpose committee for supporting
43	43	a candidate for an office specified by Subsection (a) [Section
44	44	252.005(1)] must include the name of the candidate that the
45	45	committee supports.
46	46	SECTION 3. Section 252.005, Election Code, is amended to
47	47	read as follows:
48	48	Sec. 252.005. [AUTHORITY WITH WHOM] APPOINTMENT FILED WITH
49	49	COMMISSION [: CANDIDATE]. Each candidate and political committee
50	50	[An individual] must file a campaign treasurer appointment [for the
51	51	individual's own candidacy] with[:
52	52	[(1)] the commission[, if the appointment is made for
53	53	candidacy for:
54	54	[(A) a statewide office;
55	55	[(B) a district office filled by voters of more
56	56	than one county;
57	57	[(C) a judicial district office filled by voters
58	58	of only one county;
59	59	[(D) state senator;
60	60	[(E) state representative; or
61	61	[(F) the State Board of Education;
62	62	[(2) the county clerk, if the appointment is made for
63	63	candidacy for a county office, a precinct office, or a district
64	64	office other than one included in Subdivision (1);
65	65	[(3) the clerk or secretary of the governing body of
66	66	the political subdivision or, if the political subdivision has no
67	67	clerk or secretary, with the governing body's presiding officer, if
68	68	the appointment is made for candidacy for an office of a political
69	69	subdivision other than a county;
70	70	[(4) the county clerk if:
71	71	[(A) the appointment is made for candidacy for an
72	72	office of a political subdivision other than a county;
73	73	[(B) the governing body for the political
74	74	subdivision has not been formed; and
75	75	[(C) no boundary of the political subdivision
76	76	crosses a boundary of the county; or
77	77	[(5) the commission if:
78	78	[(A) the appointment is made for candidacy for an
79	79	office of a political subdivision other than a county;
80	80	[(B) the governing body for the political
81	81	subdivision has not been formed; and
82	82	[(C) the political subdivision is situated in
83	83	more than one county].
84	84	SECTION 4. Section 252.011(a), Election Code, is amended to
85	85	read as follows:
86	86	(a) A campaign treasurer appointment takes effect at the
87	87	time it is filed with the commission [authority specified by this
88	88	chapter].
89	89	SECTION 5. Section 252.012(c), Election Code, is amended to
90	90	read as follows:
91	91	(c) If the campaign treasurer of a [specific-purpose]
92	92	political committee [required to file its campaign treasurer
93	93	appointment with the commission or of a general-purpose political
94	94	committee] is removed by the committee, the departing campaign
95	95	treasurer shall immediately file written notification of the
96	96	termination of appointment with the commission.
97	97	SECTION 6. Section 252.013(c), Election Code, is amended to
98	98	read as follows:
99	99	(c) If the campaign treasurer of a [specific-purpose]
100	100	political committee [required to file its campaign treasurer
101	101	appointment with the commission or of a general-purpose political
102	102	committee] resigns or otherwise vacates the position, the campaign
103	103	treasurer shall immediately file written notification of the
104	104	vacancy with the commission.
105	105	SECTION 7. Section 252.0131, Election Code, is amended to
106	106	read as follows:
107	107	Sec. 252.0131. TERMINATION OF CAMPAIGN TREASURER
108	108	APPOINTMENT. (a) The commission by rule shall adopt a process by
109	109	which the commission may terminate the campaign treasurer
110	110	appointment of an inactive candidate or political committee [that
111	111	is required to file a campaign treasurer appointment with the
112	112	commission. The governing body of a political subdivision by
113	113	ordinance or order may adopt a process by which the clerk or
114	114	secretary, as applicable, of the political subdivision may
115	115	terminate the campaign treasurer appointment of an inactive
116	116	candidate or political committee that is required to file a
117	117	campaign treasurer appointment with the clerk or secretary]. For
118	118	purposes of this section, a candidate or political committee is
119	119	inactive if the candidate or committee:
120	120	(1) has never filed or has ceased to file reports under
121	121	Chapter 254;
122	122	(2) in the case of a candidate, has not been elected to
123	123	an office for which a candidate is required to file a campaign
124	124	treasurer appointment with the commission [authority who is seeking
125	125	to terminate the candidate's campaign treasurer appointment]; and
126	126	(3) has not filed:
127	127	(A) a final report under Section 254.065 or
128	128	254.125; or
129	129	(B) a dissolution report under Section 254.126 or
130	130	254.159.
131	131	(b) Before the commission may terminate a campaign
132	132	treasurer appointment, the commission must consider the proposed
133	133	termination in a regularly scheduled open meeting. [Before the
134	134	clerk or secretary of a political subdivision may terminate a
135	135	campaign treasurer appointment, the governing body of the political
136	136	subdivision must consider the proposed termination in a regularly
137	137	scheduled open meeting.]
138	138	(c) Rules [or an ordinance or order] adopted under this
139	139	section must:
140	140	(1) define "inactive candidate or political
141	141	committee" for purposes of terminating the candidate's or
142	142	committee's campaign treasurer appointment; and
143	143	(2) require written notice to the affected candidate
144	144	or committee of:
145	145	(A) the proposed termination of the candidate's
146	146	or committee's campaign treasurer appointment;
147	147	(B) the date, time, and place of the meeting at
148	148	which the commission [or governing body of the political
149	149	subdivision, as applicable,] will consider the proposed
150	150	termination; and
151	151	(C) the effect of termination of the candidate's
152	152	or committee's campaign treasurer appointment.
153	153	(d) The termination of a campaign treasurer appointment
154	154	under this section takes effect on the 30th day after the date of
155	155	the meeting at which the commission [or governing body, as
156	156	applicable,] votes to terminate the appointment. Following that
157	157	meeting, the commission [or the clerk or secretary of the political
158	158	subdivision, as applicable,] shall promptly notify the affected
159	159	candidate or political committee that the appointment has been
160	160	terminated. The notice must state the effective date of the
161	161	termination.
162	162	SECTION 8. Section 252.014, Election Code, is amended to
163	163	read as follows:
164	164	Sec. 252.014. PRESERVATION OF FILED APPOINTMENTS. The
165	165	commission [authority with whom a campaign treasurer appointment is
166	166	filed under this chapter] shall preserve campaign treasurer
167	167	appointments filed under this chapter [the appointment] for two
168	168	years after the date the appointment is terminated.
169	169	SECTION 9. Section 252.015(a), Election Code, is amended to
170	170	read as follows:
171	171	(a) Each specific-purpose committee for supporting or
172	172	opposing a candidate for a statewide office, a district office
173	173	filled by voters of more than one county, a judicial district office
174	174	filled by voters of only one county, state senator, state
175	175	representative, or the State Board of Education, [an office
176	176	specified by Section 252.005(1)] or a statewide or district
177	177	measure, and each general-purpose committee may appoint an
178	178	assistant campaign treasurer by written appointment filed with the
179	179	commission.
180	180	SECTION 10. Section 253.031(c), Election Code, is amended
181	181	to read as follows:
182	182	(c) A political committee may not knowingly make or
183	183	authorize a campaign contribution or campaign expenditure
184	184	supporting or opposing a candidate for a statewide office, a
185	185	district office filled by voters of more than one county, a judicial
186	186	district office filled by voters of only one county, state senator,
187	187	state representative, or the State Board of Education [an office
188	188	specified by Section 252.005(1)] in a primary or general election
189	189	unless the committee's campaign treasurer appointment has been
190	190	filed not later than the 30th day before the appropriate election
191	191	day.
192	192	SECTION 11. Sections 254.036(a), (c), (e), (g), and (i),
193	193	Election Code, are amended to read as follows:
194	194	(a) Each report filed under this chapter [with an authority
195	195	other than the commission must be in a format prescribed by the
196	196	commission. A report filed] with the commission that is not
197	197	required to be filed by computer diskette, modem, or other means of
198	198	electronic transfer must be on a form prescribed by the commission
199	199	and written in black ink or typed with black typewriter ribbon or,
200	200	if the report is a computer printout, the printout must conform to
201	201	the same format and paper size as the form prescribed by the
202	202	commission.
203	203	(c) A candidate, officeholder, or political committee [that
204	204	is required to file reports with the commission] may file reports
205	205	that comply with Subsection (a) if:
206	206	(1) the candidate, officeholder, or campaign
207	207	treasurer of the committee files with the commission an affidavit
208	208	stating that the candidate, officeholder, or committee, an agent of
209	209	the candidate, officeholder, or committee, or a person with whom
210	210	the candidate, officeholder, or committee contracts does not use
211	211	computer equipment to keep the current records of political
212	212	contributions, political expenditures, or persons making political
213	213	contributions to the candidate, officeholder, or committee; and
214	214	(2) the candidate, officeholder, or committee does
215	215	not, in a calendar year, accept political contributions that in the
216	216	aggregate exceed $20,000 or make political expenditures that in the
217	217	aggregate exceed $20,000.
218	218	(e) A candidate for an office of a political subdivision,
219	219	other than a county, that has not formed a governing body and is
220	220	situated in more than one county [described by Section 252.005(5)]
221	221	or a specific-purpose committee for supporting or opposing only
222	222	candidates for an office described by this subsection [Section
223	223	252.005(5)] or a measure concerning a political subdivision
224	224	described by this subsection [Section 252.007(5)] may file reports
225	225	that comply with Subsection (a).
226	226	(g) In prescribing the format of a report filed under this
227	227	chapter[, including a report filed with an authority other than the
228	228	commission under Subsection (a),] the commission shall ensure that
229	229	the report requires for political expenditures made with a credit
230	230	card that:
231	231	(1) the expenditures be reported in a single itemized
232	232	list; and
233	233	(2) the list include, stated by credit card issuer:
234	234	(A) the name of the credit card issuer;
235	235	(B) the date and amount of each expenditure; and
236	236	(C) the date the credit card issuer was repaid
237	237	for the expenditure.
238	238	(i) Each person required to file reports [with the
239	239	commission] that comply with Subsection (b) shall file with the
240	240	commission a written statement providing the manner of electronic
241	241	transfer that the person will use to file the report. A statement
242	242	under this subsection must be filed not later than the 30th day
243	243	before the filing deadline for the first report a person is required
244	244	to file under Subsection (b). A person who intends to change the
245	245	manner of filing described by the person's most recent statement
246	246	shall notify the commission of the change not later than the 30th
247	247	day before the filing deadline for the report to which the change
248	248	applies. If a person does not file a statement under this
249	249	subsection, the commission may accept as authentic a report filed
250	250	in any manner that complies with Subsection (b). If the commission
251	251	receives a report that is not filed in the manner described by the
252	252	person's most recent statement under this subsection, the
253	253	commission shall promptly notify the person in writing that the
254	254	commission has received a report filed in a different manner than
255	255	expected.
256	256	SECTION 12. Subchapter B, Chapter 254, Election Code, is
257	257	amended by adding Section 254.0375 to read as follows:
258	258	Sec. 254.0375. DEFERRED FILING DEADLINE FOR CERTAIN
259	259	REPORTS. (a) This section applies only to:
260	260	(1) a candidate for:
261	261	(A) a political subdivision, other than a
262	262	political subdivision that:
263	263	(i) is not a county;
264	264	(ii) has not formed a governing body; and
265	265	(iii) is situated in more than one county;
266	266	(B) a precinct office; or
267	267	(C) a district office, other than:
268	268	(i) a district office filled by voters of
269	269	more than one county; and
270	270	(ii) a judicial district office filled by
271	271	voters of only one county; and
272	272	(2) a specific-purpose committee for supporting or
273	273	opposing a candidate for or assisting an officeholder of an office
274	274	described by Subdivision (1).
275	275	(b) Notwithstanding any other law, a person to whom this
276	276	section applies is not required to file a report under Section
277	277	254.063, 254.093, or 254.123, as applicable, until the seventh day
278	278	after the date the report is otherwise required to be filed.
279	279	SECTION 13. Section 254.038(a), Election Code, is amended
280	280	to read as follows:
281	281	(a) In addition to other reports required by this chapter,
282	282	the following persons shall file additional reports during the
283	283	period beginning the ninth day before election day and ending at 12
284	284	noon on the day before election day:
285	285	(1) a candidate for a statewide office, a district
286	286	office filled by voters of more than one county, a judicial district
287	287	office filled by voters of only one county, state senator, state
288	288	representative, or the State Board of Education [an office
289	289	specified by Section 252.005(1)] who accepts political
290	290	contributions from a person that in the aggregate exceed $1,000
291	291	during that reporting period; and
292	292	(2) a specific-purpose committee for supporting or
293	293	opposing a candidate described by Subdivision (1) and that accepts
294	294	political contributions from a person that in the aggregate exceed
295	295	$1,000 during that reporting period.
296	296	SECTION 14. Subchapter B, Chapter 254, Election Code, is
297	297	amended by adding Section 254.0395 to read as follows:
298	298	Sec. 254.0395. AUTHORITY WITH WHOM REPORTS FILED. A person
299	299	required to file a report under this chapter shall file the report
300	300	with the commission.
301	301	SECTION 15. Section 254.040(a), Election Code, is amended
302	302	to read as follows:
303	303	(a) Each report filed under this chapter shall be preserved
304	304	by the commission [authority with whom it is filed] for at least two
305	305	years after the date it is filed.
306	306	SECTION 16. Section 254.0401(g), Election Code, is amended
307	307	to read as follows:
308	308	(g) Electronic report data saved in a temporary storage
309	309	location [of the authority with whom the report is filed] for later
310	310	retrieval and editing before the report is filed is confidential
311	311	and may not be disclosed. After the report is filed [with the
312	312	authority], the information disclosed in the filed report is public
313	313	information to the extent provided by this title.
314	314	SECTION 17. Section 254.0402(a), Election Code, is amended
315	315	to read as follows:
316	316	(a) Notwithstanding Section 552.222(a), Government Code,
317	317	the commission [authority with whom a report is filed under this
318	318	chapter] may not require a person examining a [the] report filed
319	319	under this chapter to provide any information or identification.
320	320	SECTION 18. Section 254.043(a), Election Code, is amended
321	321	to read as follows:
322	322	(a) This section applies only to[:
323	323	[(1)] a person required to file reports under this
324	324	chapter with the commission[; or
325	325	[(2) a person required to file reports under this
326	326	chapter with an authority other than the commission in connection
327	327	with an office of a political subdivision in a county with a
328	328	population of at least 500,000].
329	329	SECTION 19. Sections 254.064(b), (c), (d), and (e),
330	330	Election Code, are amended to read as follows:
331	331	(b) The first report must be received by the commission
332	332	[authority with whom the report is required to be filed] not later
333	333	than the 30th day before election day. The report covers the period
334	334	beginning the day the candidate's campaign treasurer appointment is
335	335	filed or the first day after the period covered by the last report
336	336	required to be filed under this chapter, as applicable, and
337	337	continuing through the 40th day before election day.
338	338	(c) The second report must be received by the commission
339	339	[authority with whom the report is required to be filed] not later
340	340	than the eighth day before election day. The report covers the
341	341	period beginning the 39th day before election day and continuing
342	342	through the 10th day before election day.
343	343	(d) If a person becomes an opposed candidate after a
344	344	reporting period prescribed by Subsection (b) or (c), the person's
345	345	first report must be received by the commission [authority with
346	346	whom the report is required to be filed] not later than the regular
347	347	deadline for the report covering the period during which the person
348	348	becomes an opposed candidate. The period covered by the first
349	349	report begins the day the candidate's campaign treasurer
350	350	appointment is filed.
351	351	(e) In addition to other required reports, an opposed
352	352	candidate in a runoff election shall file one report for that
353	353	election. The runoff election report must be received by the
354	354	commission [authority with whom the report is required to be filed]
355	355	not later than the eighth day before runoff election day. The
356	356	report covers the period beginning the ninth day before the date of
357	357	the main election and continuing through the 10th day before runoff
358	358	election day.
359	359	SECTION 20. Sections 254.124(b), (c), (d), and (e),
360	360	Election Code, are amended to read as follows:
361	361	(b) The first report must be received by the commission
362	362	[authority with whom the report is required to be filed] not later
363	363	than the 30th day before election day. The report covers the period
364	364	beginning the day the committee's campaign treasurer appointment is
365	365	filed or the first day after the period covered by the committee's
366	366	last required report, as applicable, and continuing through the
367	367	40th day before election day.
368	368	(c) The second report must be received by the commission
369	369	[authority with whom the report is required to be filed] not later
370	370	than the eighth day before election day. The report covers the
371	371	period beginning the 39th day before election day and continuing
372	372	through the 10th day before election day.
373	373	(d) If a specific-purpose committee supports or opposes a
374	374	candidate or measure in an election after a reporting period
375	375	prescribed by Subsection (b) or (c), the first report must be
376	376	received by the commission [authority with whom the report is
377	377	required to be filed] not later than the regular deadline for the
378	378	report covering the period during which the committee becomes
379	379	involved in the election. The period covered by the first report
380	380	begins the day the committee's campaign treasurer appointment is
381	381	filed or the first day after the period covered by the committee's
382	382	last required report, as applicable.
383	383	(e) In addition to other required reports, the campaign
384	384	treasurer of a specific-purpose committee that supports or opposes
385	385	a candidate in a runoff election shall file one report for the
386	386	runoff election. The runoff election report must be received by the
387	387	commission [authority with whom the report is required to be filed]
388	388	not later than the eighth day before runoff election day. The
389	389	report covers the period beginning the ninth day before the date of
390	390	the main election and continuing through the 10th day before runoff
391	391	election day.
392	392	SECTION 21. Section 254.129(a), Election Code, is amended
393	393	to read as follows:
394	394	(a) If a specific-purpose committee changes its operation
395	395	and becomes a general-purpose committee, the committee's campaign
396	396	treasurer shall deliver written notice of the change in status to
397	397	the commission [authority with whom the specific-purpose
398	398	committee's reports under this chapter are required to be filed].
399	399	SECTION 22. Sections 254.154(b), (c), (d), and (e),
400	400	Election Code, are amended to read as follows:
401	401	(b) The first report must be received by the commission
402	402	[authority with whom the report is required to be filed] not later
403	403	than the 30th day before election day. The report covers the period
404	404	beginning the day the committee's campaign treasurer appointment is
405	405	filed or the first day after the period covered by the committee's
406	406	last required report, as applicable, and continuing through the
407	407	40th day before election day.
408	408	(c) The second report must be received by the commission
409	409	[authority with whom the report is required to be filed] not later
410	410	than the eighth day before election day. The report covers the
411	411	period beginning the 39th day before election day and continuing
412	412	through the 10th day before election day.
413	413	(d) If a general-purpose committee becomes involved in an
414	414	election after a reporting period prescribed by Subsection (b) or
415	415	(c), the first report must be received by the commission [authority
416	416	with whom the report is required to be filed] not later than the
417	417	regular deadline for the report covering the period during which
418	418	the committee becomes involved in the election. The period covered
419	419	by the first report begins the day the committee's campaign
420	420	treasurer appointment is filed or the first day after the period
421	421	covered by the committee's last required report, as applicable.
422	422	(e) In addition to other required reports, the campaign
423	423	treasurer of a general-purpose committee involved in a runoff
424	424	election shall file one report for the runoff election. The runoff
425	425	election report must be received by the commission [authority with
426	426	whom the report is required to be filed] not earlier than the 10th
427	427	day or later than the eighth day before runoff election day. The
428	428	report covers the period beginning the ninth day before the date of
429	429	the main election and continuing through the 10th day before runoff
430	430	election day.
431	431	SECTION 23. Section 254.157(a), Election Code, is amended
432	432	to read as follows:
433	433	(a) The campaign treasurer of a general-purpose committee
434	434	filing monthly reports shall file a report not later than the fifth
435	435	day of the month following the period covered by the report. A
436	436	report covering the month preceding an election in which the
437	437	committee is involved must be received by the commission [authority
438	438	with whom the report is required to be filed] not later than the
439	439	fifth day of the month following the period covered by the report.
440	440	SECTION 24. Section 254.202(b), Election Code, is amended
441	441	to read as follows:
442	442	(b) The report shall be filed with the commission [authority
443	443	with whom the person's campaign treasurer appointment was required
444	444	to be filed].
445	445	SECTION 25. Section 254.205(b), Election Code, is amended
446	446	to read as follows:
447	447	(b) The report shall be filed with the commission [authority
448	448	with whom the person's campaign treasurer appointment was required
449	449	to be filed].
450	450	SECTION 26. Section 571.079(a), Government Code, is amended
451	451	to read as follows:
452	452	(a) Not later than the 15th day after the date on which an
453	453	application for a place on the general primary election ballot or
454	454	for nomination by convention is required to be filed, the
455	455	commission shall post on its Internet website:
456	456	(1) the name and address of each candidate for a
457	457	statewide office, a district office filled by voters of more than
458	458	one county, a judicial district office filled by voters of only one
459	459	county, state senator, state representative, or the State Board of
460	460	Education [an office specified by Section 252.005(1), Election
461	461	Code,] who has failed to pay a civil penalty imposed by the
462	462	commission for failure to file with the commission a required
463	463	report or statement under Chapter 254, Election Code, or Chapter
464	464	572; and
465	465	(2) for each candidate listed under Subdivision (1),
466	466	the amount of the penalty imposed and the amount paid, if any.
467	467	SECTION 27. The following provisions of the Election Code
468	468	are repealed:
469	469	(1) Section 252.006;
470	470	(2) Section 252.007;
471	471	(3) Section 252.008;
472	472	(4) Section 252.009;
473	473	(5) Section 252.010;
474	474	(6) Section 254.036(f);
475	475	(7) Sections 254.0401(a-1) and (c);
476	476	(8) Section 254.066;
477	477	(9) Section 254.095;
478	478	(10) Section 254.097;
479	479	(11) Section 254.129(c);
480	480	(12) Section 254.130; and
481	481	(13) Section 254.163.
482	482	SECTION 28. The changes in law made by this Act apply only
483	483	to a campaign treasurer appointment required to be filed under
484	484	Chapter 252, Election Code, or a report required to be filed under
485	485	Chapter 254, Election Code, on or after the effective date of this
486	486	Act. A campaign treasurer appointment or report required to be
487	487	filed before the effective date of this Act is subject to the law in
488	488	effect at the time the appointment or report was filed, and the
489	489	former law is continued in effect for that purpose.
490	490	SECTION 29. This Act takes effect January 1, 2024.