88R10743 CJD-D
By: Schofield H.B. No. 4290
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on political contributions by
out-of-state contributors; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 253, Election Code, is
amended by adding Section 253.044 to read as follows:
Sec. 253.044. POLITICAL CONTRIBUTION LIMITS RELATED TO
OUT-OF-STATE CONTRIBUTORS; CRIMINAL OFFENSE. (a) In this section,
"out-of-state contributor" means:
(1) a person with a principal address that is located
outside this state who makes a political contribution;
(2) a political committee that, during the preceding
reporting period under Chapter 254, accepted political
contributions from persons described by Subdivision (1) in an
amount equal to or greater than 50 percent of the overall
contributions accepted by the committee during that reporting
period; and
(3) an out-of-state political committee.
(b) A candidate, an officeholder, or a political committee
for supporting or opposing a measure may not knowingly accept, for
an election in which the candidate's or officeholder's name or the
measure appears on the ballot, as applicable:
(1) a political contribution from an out-of-state
contributor in an amount that exceeds $1,000; or
(2) political contributions from multiple
out-of-state contributors that in the aggregate exceed $10,000.
(c) An out-of-state contributor may not make:
(1) a political contribution to a candidate, an
officeholder, or a political committee for supporting or opposing a
measure, for an election in which the candidate's or officeholder's
name or the measure appears on the ballot, as applicable, in an
amount that exceeds $1,000; or
(2) political contributions from multiple
out-of-state contributors that in the aggregate exceed $10,000.
(d) A person who accepts a political contribution in
violation of Subsection (b) shall return the contribution to the
out-of-state contributor not later than the later of:
(1) the last day of the reporting period under Chapter
254 during which the contribution was accepted; or
(2) the fifth day after the date the contribution was
accepted.
(e) In addition to returning the political contribution
under Subsection (d), a person who accepts a political contribution
in violation of Subsection (b) must:
(1) if the person is a candidate or officeholder,
remit an amount equal to the contribution to each opponent of the
candidate or officeholder in the election for which the
contribution was made or, if the candidate or officeholder was
unopposed in the election or the election has been held, the county
executive committee for each opposing political party of the county
in which the candidate or officeholder resides; or
(2) if the person is a political committee, remit an
amount equal to the contribution to a political committee that
holds the opposite position on the measure for which the
contribution was made or, if there is no political committee that
holds the opposite position or the election on the measure has been
held, the county executive committee for each political party that
held the opposite position on the measure of the county in which the
political committee primarily operates.
(f) A person required to remit a political contribution
under Subsection (e) to a county executive committee shall remit
the contribution not later than the 30th day after the date of the
election for which the contribution was made.
(g) An out-of-state contributor who makes a political
contribution in violation of Subsection (c) or a person who fails to
return or remit a political contribution in violation of Subsection
(d) or (e) commits an offense. An offense under this subsection is
a felony of the third degree.
(h) To the extent of a conflict between this section and
another law, this section controls.
(i) The commission shall adopt rules as necessary to
implement this section.
SECTION 2. Section 253.044, Election Code, as added by this
Act, applies only to a political contribution made on or after the
effective date of this Act. A contribution made before the
effective date of this Act is governed by the law in effect when the
contribution was made and is not aggregated with contributions made
on or after that date.
SECTION 3. This Act takes effect September 1, 2023.