| 1 | 1 | | 88R10743 CJD-D |
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| 2 | 2 | | By: Schofield H.B. No. 4290 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restrictions on political contributions by |
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| 8 | 8 | | out-of-state contributors; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 253, Election Code, is |
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| 11 | 11 | | amended by adding Section 253.044 to read as follows: |
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| 12 | 12 | | Sec. 253.044. POLITICAL CONTRIBUTION LIMITS RELATED TO |
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| 13 | 13 | | OUT-OF-STATE CONTRIBUTORS; CRIMINAL OFFENSE. (a) In this section, |
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| 14 | 14 | | "out-of-state contributor" means: |
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| 15 | 15 | | (1) a person with a principal address that is located |
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| 16 | 16 | | outside this state who makes a political contribution; |
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| 17 | 17 | | (2) a political committee that, during the preceding |
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| 18 | 18 | | reporting period under Chapter 254, accepted political |
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| 19 | 19 | | contributions from persons described by Subdivision (1) in an |
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| 20 | 20 | | amount equal to or greater than 50 percent of the overall |
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| 21 | 21 | | contributions accepted by the committee during that reporting |
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| 22 | 22 | | period; and |
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| 23 | 23 | | (3) an out-of-state political committee. |
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| 24 | 24 | | (b) A candidate, an officeholder, or a political committee |
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| 25 | 25 | | for supporting or opposing a measure may not knowingly accept, for |
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| 26 | 26 | | an election in which the candidate's or officeholder's name or the |
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| 27 | 27 | | measure appears on the ballot, as applicable: |
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| 28 | 28 | | (1) a political contribution from an out-of-state |
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| 29 | 29 | | contributor in an amount that exceeds $1,000; or |
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| 30 | 30 | | (2) political contributions from multiple |
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| 31 | 31 | | out-of-state contributors that in the aggregate exceed $10,000. |
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| 32 | 32 | | (c) An out-of-state contributor may not make: |
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| 33 | 33 | | (1) a political contribution to a candidate, an |
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| 34 | 34 | | officeholder, or a political committee for supporting or opposing a |
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| 35 | 35 | | measure, for an election in which the candidate's or officeholder's |
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| 36 | 36 | | name or the measure appears on the ballot, as applicable, in an |
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| 37 | 37 | | amount that exceeds $1,000; or |
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| 38 | 38 | | (2) political contributions from multiple |
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| 39 | 39 | | out-of-state contributors that in the aggregate exceed $10,000. |
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| 40 | 40 | | (d) A person who accepts a political contribution in |
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| 41 | 41 | | violation of Subsection (b) shall return the contribution to the |
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| 42 | 42 | | out-of-state contributor not later than the later of: |
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| 43 | 43 | | (1) the last day of the reporting period under Chapter |
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| 44 | 44 | | 254 during which the contribution was accepted; or |
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| 45 | 45 | | (2) the fifth day after the date the contribution was |
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| 46 | 46 | | accepted. |
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| 47 | 47 | | (e) In addition to returning the political contribution |
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| 48 | 48 | | under Subsection (d), a person who accepts a political contribution |
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| 49 | 49 | | in violation of Subsection (b) must: |
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| 50 | 50 | | (1) if the person is a candidate or officeholder, |
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| 51 | 51 | | remit an amount equal to the contribution to each opponent of the |
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| 52 | 52 | | candidate or officeholder in the election for which the |
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| 53 | 53 | | contribution was made or, if the candidate or officeholder was |
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| 54 | 54 | | unopposed in the election or the election has been held, the county |
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| 55 | 55 | | executive committee for each opposing political party of the county |
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| 56 | 56 | | in which the candidate or officeholder resides; or |
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| 57 | 57 | | (2) if the person is a political committee, remit an |
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| 58 | 58 | | amount equal to the contribution to a political committee that |
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| 59 | 59 | | holds the opposite position on the measure for which the |
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| 60 | 60 | | contribution was made or, if there is no political committee that |
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| 61 | 61 | | holds the opposite position or the election on the measure has been |
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| 62 | 62 | | held, the county executive committee for each political party that |
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| 63 | 63 | | held the opposite position on the measure of the county in which the |
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| 64 | 64 | | political committee primarily operates. |
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| 65 | 65 | | (f) A person required to remit a political contribution |
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| 66 | 66 | | under Subsection (e) to a county executive committee shall remit |
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| 67 | 67 | | the contribution not later than the 30th day after the date of the |
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| 68 | 68 | | election for which the contribution was made. |
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| 69 | 69 | | (g) An out-of-state contributor who makes a political |
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| 70 | 70 | | contribution in violation of Subsection (c) or a person who fails to |
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| 71 | 71 | | return or remit a political contribution in violation of Subsection |
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| 72 | 72 | | (d) or (e) commits an offense. An offense under this subsection is |
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| 73 | 73 | | a felony of the third degree. |
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| 74 | 74 | | (h) To the extent of a conflict between this section and |
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| 75 | 75 | | another law, this section controls. |
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| 76 | 76 | | (i) The commission shall adopt rules as necessary to |
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| 77 | 77 | | implement this section. |
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| 78 | 78 | | SECTION 2. Section 253.044, Election Code, as added by this |
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| 79 | 79 | | Act, applies only to a political contribution made on or after the |
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| 80 | 80 | | effective date of this Act. A contribution made before the |
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| 81 | 81 | | effective date of this Act is governed by the law in effect when the |
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| 82 | 82 | | contribution was made and is not aggregated with contributions made |
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| 83 | 83 | | on or after that date. |
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| 84 | 84 | | SECTION 3. This Act takes effect September 1, 2023. |
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