Texas 2023 - 88th Regular

Texas House Bill HB524 Compare Versions

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1	1	88R1225 JG-F
2	2	By: Vasut H.B. No. 524
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. Section 254.038(a), Election Code, is amended
257	257	to read as follows:
258	258	(a) In addition to other reports required by this chapter,
259	259	the following persons shall file additional reports during the
260	260	period beginning the ninth day before election day and ending at 12
261	261	noon on the day before election day:
262	262	(1) a candidate for a statewide office, a district
263	263	office filled by voters of more than one county, a judicial district
264	264	office filled by voters of only one county, state senator, state
265	265	representative, or the State Board of Education [an office
266	266	specified by Section 252.005(1)] who accepts political
267	267	contributions from a person that in the aggregate exceed $1,000
268	268	during that reporting period; and
269	269	(2) a specific-purpose committee for supporting or
270	270	opposing a candidate described by Subdivision (1) and that accepts
271	271	political contributions from a person that in the aggregate exceed
272	272	$1,000 during that reporting period.
273	273	SECTION 13. Subchapter B, Chapter 254, Election Code, is
274	274	amended by adding Section 254.0395 to read as follows:
275	275	Sec. 254.0395. AUTHORITY WITH WHOM REPORTS FILED. A person
276	276	required to file a report under this chapter shall file the report
277	277	with the commission.
278	278	SECTION 14. Section 254.040(a), Election Code, is amended
279	279	to read as follows:
280	280	(a) Each report filed under this chapter shall be preserved
281	281	by the commission [authority with whom it is filed] for at least two
282	282	years after the date it is filed.
283	283	SECTION 15. Section 254.0401(g), Election Code, is amended
284	284	to read as follows:
285	285	(g) Electronic report data saved in a temporary storage
286	286	location [of the authority with whom the report is filed] for later
287	287	retrieval and editing before the report is filed is confidential
288	288	and may not be disclosed. After the report is filed [with the
289	289	authority], the information disclosed in the filed report is public
290	290	information to the extent provided by this title.
291	291	SECTION 16. Section 254.0402(a), Election Code, is amended
292	292	to read as follows:
293	293	(a) Notwithstanding Section 552.222(a), Government Code,
294	294	the commission [authority with whom a report is filed under this
295	295	chapter] may not require a person examining a [the] report filed
296	296	under this chapter to provide any information or identification.
297	297	SECTION 17. Section 254.043(a), Election Code, is amended
298	298	to read as follows:
299	299	(a) This section applies only to[:
300	300	[(1)] a person required to file reports under this
301	301	chapter with the commission[; or
302	302	[(2) a person required to file reports under this
303	303	chapter with an authority other than the commission in connection
304	304	with an office of a political subdivision in a county with a
305	305	population of at least 500,000].
306	306	SECTION 18. Sections 254.064(b), (c), (d), and (e),
307	307	Election Code, are amended to read as follows:
308	308	(b) The first report must be received by the commission
309	309	[authority with whom the report is required to be filed] not later
310	310	than the 30th day before election day. The report covers the period
311	311	beginning the day the candidate's campaign treasurer appointment is
312	312	filed or the first day after the period covered by the last report
313	313	required to be filed under this chapter, as applicable, and
314	314	continuing through the 40th day before election day.
315	315	(c) The second report must be received by the commission
316	316	[authority with whom the report is required to be filed] not later
317	317	than the eighth day before election day. The report covers the
318	318	period beginning the 39th day before election day and continuing
319	319	through the 10th day before election day.
320	320	(d) If a person becomes an opposed candidate after a
321	321	reporting period prescribed by Subsection (b) or (c), the person's
322	322	first report must be received by the commission [authority with
323	323	whom the report is required to be filed] not later than the regular
324	324	deadline for the report covering the period during which the person
325	325	becomes an opposed candidate. The period covered by the first
326	326	report begins the day the candidate's campaign treasurer
327	327	appointment is filed.
328	328	(e) In addition to other required reports, an opposed
329	329	candidate in a runoff election shall file one report for that
330	330	election. The runoff election report must be received by the
331	331	commission [authority with whom the report is required to be filed]
332	332	not later than the eighth day before runoff election day. The
333	333	report covers the period beginning the ninth day before the date of
334	334	the main election and continuing through the 10th day before runoff
335	335	election day.
336	336	SECTION 19. Sections 254.124(b), (c), (d), and (e),
337	337	Election Code, are amended to read as follows:
338	338	(b) The first 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 30th day before election day. The report covers the period
341	341	beginning the day the committee's campaign treasurer appointment is
342	342	filed or the first day after the period covered by the committee's
343	343	last required report, as applicable, and continuing through the
344	344	40th day before election day.
345	345	(c) The second report must be received by the commission
346	346	[authority with whom the report is required to be filed] not later
347	347	than the eighth day before election day. The report covers the
348	348	period beginning the 39th day before election day and continuing
349	349	through the 10th day before election day.
350	350	(d) If a specific-purpose committee supports or opposes a
351	351	candidate or measure in an election after a reporting period
352	352	prescribed by Subsection (b) or (c), the first report must be
353	353	received by the commission [authority with whom the report is
354	354	required to be filed] not later than the regular deadline for the
355	355	report covering the period during which the committee becomes
356	356	involved in the election. The period covered by the first report
357	357	begins the day the committee's campaign treasurer appointment is
358	358	filed or the first day after the period covered by the committee's
359	359	last required report, as applicable.
360	360	(e) In addition to other required reports, the campaign
361	361	treasurer of a specific-purpose committee that supports or opposes
362	362	a candidate in a runoff election shall file one report for the
363	363	runoff election. The runoff election report must be received by the
364	364	commission [authority with whom the report is required to be filed]
365	365	not later than the eighth day before runoff election day. The
366	366	report covers the period beginning the ninth day before the date of
367	367	the main election and continuing through the 10th day before runoff
368	368	election day.
369	369	SECTION 20. Section 254.129(a), Election Code, is amended
370	370	to read as follows:
371	371	(a) If a specific-purpose committee changes its operation
372	372	and becomes a general-purpose committee, the committee's campaign
373	373	treasurer shall deliver written notice of the change in status to
374	374	the commission [authority with whom the specific-purpose
375	375	committee's reports under this chapter are required to be filed].
376	376	SECTION 21. Sections 254.154(b), (c), (d), and (e),
377	377	Election Code, are amended to read as follows:
378	378	(b) The first report must be received by the commission
379	379	[authority with whom the report is required to be filed] not later
380	380	than the 30th day before election day. The report covers the period
381	381	beginning the day the committee's campaign treasurer appointment is
382	382	filed or the first day after the period covered by the committee's
383	383	last required report, as applicable, and continuing through the
384	384	40th day before election day.
385	385	(c) The second report must be received by the commission
386	386	[authority with whom the report is required to be filed] not later
387	387	than the eighth day before election day. The report covers the
388	388	period beginning the 39th day before election day and continuing
389	389	through the 10th day before election day.
390	390	(d) If a general-purpose committee becomes involved in an
391	391	election after a reporting period prescribed by Subsection (b) or
392	392	(c), the first report must be received by the commission [authority
393	393	with whom the report is required to be filed] not later than the
394	394	regular deadline for the report covering the period during which
395	395	the committee becomes involved in the election. The period covered
396	396	by the first report begins the day the committee's campaign
397	397	treasurer appointment is filed or the first day after the period
398	398	covered by the committee's last required report, as applicable.
399	399	(e) In addition to other required reports, the campaign
400	400	treasurer of a general-purpose committee involved in a runoff
401	401	election shall file one report for the runoff election. The runoff
402	402	election report must be received by the commission [authority with
403	403	whom the report is required to be filed] not earlier than the 10th
404	404	day or later than the eighth day before runoff election day. The
405	405	report covers the period beginning the ninth day before the date of
406	406	the main election and continuing through the 10th day before runoff
407	407	election day.
408	408	SECTION 22. Section 254.157(a), Election Code, is amended
409	409	to read as follows:
410	410	(a) The campaign treasurer of a general-purpose committee
411	411	filing monthly reports shall file a report not later than the fifth
412	412	day of the month following the period covered by the report. A
413	413	report covering the month preceding an election in which the
414	414	committee is involved must be received by the commission [authority
415	415	with whom the report is required to be filed] not later than the
416	416	fifth day of the month following the period covered by the report.
417	417	SECTION 23. Section 254.202(b), Election Code, is amended
418	418	to read as follows:
419	419	(b) The report shall be filed with the commission [authority
420	420	with whom the person's campaign treasurer appointment was required
421	421	to be filed].
422	422	SECTION 24. Section 254.205(b), Election Code, is amended
423	423	to read as follows:
424	424	(b) The report shall be filed with the commission [authority
425	425	with whom the person's campaign treasurer appointment was required
426	426	to be filed].
427	427	SECTION 25. Section 571.079(a), Government Code, is amended
428	428	to read as follows:
429	429	(a) Not later than the 15th day after the date on which an
430	430	application for a place on the general primary election ballot or
431	431	for nomination by convention is required to be filed, the
432	432	commission shall post on its Internet website:
433	433	(1) the name and address of each candidate for a
434	434	statewide office, a district office filled by voters of more than
435	435	one county, a judicial district office filled by voters of only one
436	436	county, state senator, state representative, or the State Board of
437	437	Education [an office specified by Section 252.005(1), Election
438	438	Code,] who has failed to pay a civil penalty imposed by the
439	439	commission for failure to file with the commission a required
440	440	report or statement under Chapter 254, Election Code, or Chapter
441	441	572; and
442	442	(2) for each candidate listed under Subdivision (1),
443	443	the amount of the penalty imposed and the amount paid, if any.
444	444	SECTION 26. The following provisions of the Election Code
445	445	are repealed:
446	446	(1) Section 252.006;
447	447	(2) Section 252.007;
448	448	(3) Section 252.008;
449	449	(4) Section 252.009;
450	450	(5) Section 252.010;
451	451	(6) Section 254.036(f);
452	452	(7) Sections 254.0401(a-1) and (c);
453	453	(8) Section 254.066;
454	454	(9) Section 254.095;
455	455	(10) Section 254.097;
456	456	(11) Section 254.129(c);
457	457	(12) Section 254.130; and
458	458	(13) Section 254.163.
459	459	SECTION 27. The changes in law made by this Act apply only
460	460	to a campaign treasurer appointment required to be filed under
461	461	Chapter 252, Election Code, or a report required to be filed under
462	462	Chapter 254, Election Code, on or after the effective date of this
463	463	Act. A campaign treasurer appointment or report required to be
464	464	filed before the effective date of this Act is subject to the law in
465	465	effect at the time the appointment or report was filed, and the
466	466	former law is continued in effect for that purpose.
467	467	SECTION 28. This Act takes effect January 1, 2024.