89R3456 CJD-F
By: Vasut H.B. No. 189
A BILL TO BE ENTITLED
AN ACT
relating to the filing with the Texas Ethics Commission of campaign
treasurer appointments and reports of political contributions and
political expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 252.002(b), Election Code, is amended to
read as follows:
(b) A political committee [that files its campaign
treasurer appointment with the commission] must notify the
commission in writing of any change in the campaign treasurer's
address not later than the 10th day after the date on which the
change occurs.
SECTION 2. Sections 252.0031(a) and (b), Election Code, are
amended to read as follows:
(a) In addition to the information required by Section
252.002, a campaign treasurer appointment by a specific-purpose
committee for supporting or opposing a candidate for a statewide
[an] office, a district office filled by voters of more than one
county, a judicial district office filled by voters of only one
county, state senator, state representative, or the State Board of
Education [specified by Section 252.005(1)] must include:
(1) the name of and the office sought by the candidate;
and
(2) before the committee may use a political
contribution from a corporation or a labor organization to make a
direct campaign expenditure in connection with a campaign for an
elective office, an affidavit stating that:
(A) the committee is not established or
controlled by a candidate or an officeholder; and
(B) the committee will not use any political
contribution from a corporation or a labor organization to make a
political contribution to:
(i) a candidate for elective office;
(ii) an officeholder; or
(iii) a political committee that has not
filed an affidavit under this subdivision or Section 252.003(a)(4).
(b) The name of a specific-purpose committee for supporting
a candidate for an office specified by Subsection (a) [Section
252.005(1)] must include the name of the candidate that the
committee supports.
SECTION 3. Section 252.005, Election Code, is amended to
read as follows:
Sec. 252.005. [AUTHORITY WITH WHOM] APPOINTMENT FILED WITH
COMMISSION [: CANDIDATE]. Each candidate and political committee
[An individual] must file a campaign treasurer appointment [for the
individual's own candidacy] with[:
[(1)] the commission[, if the appointment is made for
candidacy for:
[(A) a statewide office;
[(B) a district office filled by voters of more
than one county;
[(C) a judicial district office filled by voters
of only one county;
[(D) state senator;
[(E) state representative; or
[(F) the State Board of Education;
[(2) the county clerk, if the appointment is made for
candidacy for a county office, a precinct office, or a district
office other than one included in Subdivision (1);
[(3) the clerk or secretary of the governing body of
the political subdivision or, if the political subdivision has no
clerk or secretary, with the governing body's presiding officer, if
the appointment is made for candidacy for an office of a political
subdivision other than a county;
[(4) the county clerk if:
[(A) the appointment is made for candidacy for an
office of a political subdivision other than a county;
[(B) the governing body for the political
subdivision has not been formed; and
[(C) no boundary of the political subdivision
crosses a boundary of the county; or
[(5) the commission if:
[(A) the appointment is made for candidacy for an
office of a political subdivision other than a county;
[(B) the governing body for the political
subdivision has not been formed; and
[(C) the political subdivision is situated in
more than one county].
SECTION 4. Section 252.011(a), Election Code, is amended to
read as follows:
(a) A campaign treasurer appointment takes effect at the
time it is filed with the commission [authority specified by this
chapter].
SECTION 5. Section 252.012(c), Election Code, is amended to
read as follows:
(c) If the campaign treasurer of a [specific-purpose]
political committee [required to file its campaign treasurer
appointment with the commission or of a general-purpose political
committee] is removed by the committee, the departing campaign
treasurer shall immediately file written notification of the
termination of appointment with the commission.
SECTION 6. Section 252.013(c), Election Code, is amended to
read as follows:
(c) If the campaign treasurer of a [specific-purpose]
political committee [required to file its campaign treasurer
appointment with the commission or of a general-purpose political
committee] resigns or otherwise vacates the position, the campaign
treasurer shall immediately file written notification of the
vacancy with the commission.
SECTION 7. Section 252.0131, Election Code, is amended to
read as follows:
Sec. 252.0131. TERMINATION OF CAMPAIGN TREASURER
APPOINTMENT. (a) The commission by rule shall adopt a process by
which the commission may terminate the campaign treasurer
appointment of an inactive candidate or political committee [that
is required to file a campaign treasurer appointment with the
commission. The governing body of a political subdivision by
ordinance or order may adopt a process by which the clerk or
secretary, as applicable, of the political subdivision may
terminate the campaign treasurer appointment of an inactive
candidate or political committee that is required to file a
campaign treasurer appointment with the clerk or secretary]. For
purposes of this section, a candidate or political committee is
inactive if the candidate or committee:
(1) has never filed or has ceased to file reports under
Chapter 254;
(2) in the case of a candidate, has not been elected to
an office for which a candidate is required to file a campaign
treasurer appointment with the commission [authority who is seeking
to terminate the candidate's campaign treasurer appointment]; and
(3) has not filed:
(A) a final report under Section 254.065 or
254.125; or
(B) a dissolution report under Section 254.126 or
254.159.
(b) Before the commission may terminate a campaign
treasurer appointment, the commission must consider the proposed
termination in a regularly scheduled open meeting. [Before the
clerk or secretary of a political subdivision may terminate a
campaign treasurer appointment, the governing body of the political
subdivision must consider the proposed termination in a regularly
scheduled open meeting.]
(c) Rules [or an ordinance or order] adopted under this
section must:
(1) define "inactive candidate or political
committee" for purposes of terminating the candidate's or
committee's campaign treasurer appointment; and
(2) require written notice to the affected candidate
or committee of:
(A) the proposed termination of the candidate's
or committee's campaign treasurer appointment;
(B) the date, time, and place of the meeting at
which the commission [or governing body of the political
subdivision, as applicable,] will consider the proposed
termination; and
(C) the effect of termination of the candidate's
or committee's campaign treasurer appointment.
(d) The termination of a campaign treasurer appointment
under this section takes effect on the 30th day after the date of
the meeting at which the commission [or governing body, as
applicable,] votes to terminate the appointment. Following that
meeting, the commission [or the clerk or secretary of the political
subdivision, as applicable,] shall promptly notify the affected
candidate or political committee that the appointment has been
terminated. The notice must state the effective date of the
termination.
SECTION 8. Section 252.014, Election Code, is amended to
read as follows:
Sec. 252.014. PRESERVATION OF FILED APPOINTMENTS. The
commission [authority with whom a campaign treasurer appointment is
filed under this chapter] shall preserve campaign treasurer
appointments filed under this chapter [the appointment] for two
years after the date the appointment is terminated.
SECTION 9. Section 252.015(a), Election Code, is amended to
read as follows:
(a) Each specific-purpose committee for supporting or
opposing a candidate for a statewide office, a district office
filled by voters of more than one county, a judicial district office
filled by voters of only one county, state senator, state
representative, or the State Board of Education, [an office
specified by Section 252.005(1)] or a statewide or district
measure, and each general-purpose committee may appoint an
assistant campaign treasurer by written appointment filed with the
commission.
SECTION 10. Section 253.031(c), Election Code, is amended
to read as follows:
(c) A political committee may not knowingly make or
authorize a campaign contribution or campaign expenditure
supporting or opposing a candidate for a statewide office, a
district office filled by voters of more than one county, a judicial
district office filled by voters of only one county, state senator,
state representative, or the State Board of Education [an office
specified by Section 252.005(1)] in a primary or general election
unless the committee's campaign treasurer appointment has been
filed not later than the 30th day before the appropriate election
day.
SECTION 11. Sections 254.036(a), (c), (e), (g), and (i),
Election Code, are amended to read as follows:
(a) Each report filed under this chapter [with an authority
other than the commission must be in a format prescribed by the
commission. A report filed] with the commission that is not
required to be filed by computer diskette, modem, or other means of
electronic transfer must be on a form prescribed by the commission
and written in black ink or typed with black typewriter ribbon or,
if the report is a computer printout, the printout must conform to
the same format and paper size as the form prescribed by the
commission.
(c) A candidate, officeholder, or political committee [that
is required to file reports with the commission] may file reports
that comply with Subsection (a) if:
(1) the candidate, officeholder, or campaign
treasurer of the committee files with the commission an affidavit
stating that the candidate, officeholder, or committee, an agent of
the candidate, officeholder, or committee, or a person with whom
the candidate, officeholder, or committee contracts does not use
computer equipment to keep the current records of political
contributions, political expenditures, or persons making political
contributions to the candidate, officeholder, or committee; and
(2) the candidate, officeholder, or committee does
not, in a calendar year, accept political contributions that in the
aggregate exceed $20,000 or make political expenditures that in the
aggregate exceed $20,000.
(e) A candidate for an office of a political subdivision,
other than a county, that has not formed a governing body and is
situated in more than one county [described by Section 252.005(5)]
or a specific-purpose committee for supporting or opposing only
candidates for an office described by this subsection [Section
252.005(5)] or a measure concerning a political subdivision
described by this subsection [Section 252.007(5)] may file reports
that comply with Subsection (a).
(g) In prescribing the format of a report filed under this
chapter[, including a report filed with an authority other than the
commission under Subsection (a),] the commission shall ensure that
the report requires for political expenditures made with a credit
card that:
(1) the expenditures be reported in a single itemized
list; and
(2) the list include, stated by credit card issuer:
(A) the name of the credit card issuer;
(B) the date and amount of each expenditure; and
(C) the date the credit card issuer was repaid
for the expenditure.
(i) Each person required to file reports [with the
commission] that comply with Subsection (b) shall file with the
commission a written statement providing the manner of electronic
transfer that the person will use to file the report. A statement
under this subsection must be filed not later than the 30th day
before the filing deadline for the first report a person is required
to file under Subsection (b). A person who intends to change the
manner of filing described by the person's most recent statement
shall notify the commission of the change not later than the 30th
day before the filing deadline for the report to which the change
applies. If a person does not file a statement under this
subsection, the commission may accept as authentic a report filed
in any manner that complies with Subsection (b). If the commission
receives a report that is not filed in the manner described by the
person's most recent statement under this subsection, the
commission shall promptly notify the person in writing that the
commission has received a report filed in a different manner than
expected.
SECTION 12. Section 254.038(a), Election Code, is amended
to read as follows:
(a) In addition to other reports required by this chapter,
the following persons shall file additional reports during the
period beginning the ninth day before election day and ending at 12
noon on the day before election day:
(1) a candidate for a statewide office, a district
office filled by voters of more than one county, a judicial district
office filled by voters of only one county, state senator, state
representative, or the State Board of Education [an office
specified by Section 252.005(1)] who accepts political
contributions from a person that in the aggregate exceed $1,000
during that reporting period; and
(2) a specific-purpose committee for supporting or
opposing a candidate described by Subdivision (1) and that accepts
political contributions from a person that in the aggregate exceed
$1,000 during that reporting period.
SECTION 13. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.0395 to read as follows:
Sec. 254.0395. AUTHORITY WITH WHOM REPORTS FILED. A person
required to file a report under this chapter shall file the report
with the commission.
SECTION 14. Section 254.040(a), Election Code, is amended
to read as follows:
(a) Each report filed under this chapter shall be preserved
by the commission [authority with whom it is filed] for at least two
years after the date it is filed.
SECTION 15. Section 254.0401(g), Election Code, is amended
to read as follows:
(g) Electronic report data saved in a temporary storage
location [of the authority with whom the report is filed] for later
retrieval and editing before the report is filed is confidential
and may not be disclosed. After the report is filed [with the
authority], the information disclosed in the filed report is public
information to the extent provided by this title.
SECTION 16. Section 254.0402(a), Election Code, is amended
to read as follows:
(a) Notwithstanding Section 552.222(a), Government Code,
the commission [authority with whom a report is filed under this
chapter] may not require a person examining a [the] report filed
under this chapter to provide any information or identification.
SECTION 17. Section 254.043(a), Election Code, is amended
to read as follows:
(a) This section applies only to[:
[(1)] a person required to file reports under this
chapter with the commission[; or
[(2) a person required to file reports under this
chapter with an authority other than the commission in connection
with an office of a political subdivision in a county with a
population of at least 500,000].
SECTION 18. Sections 254.064(b), (c), (d), and (e),
Election Code, are amended to read as follows:
(b) The first report must be received by the commission
[authority with whom the report is required to be filed] not later
than the 30th day before election day. The report covers the period
beginning the day the candidate's campaign treasurer appointment is
filed or the first day after the period covered by the last report
required to be filed under this chapter, as applicable, and
continuing through the 40th day before election day.
(c) The second report must be received by the commission
[authority with whom the report is required to be filed] not later
than the eighth day before election day. The report covers the
period beginning the 39th day before election day and continuing
through the 10th day before election day.
(d) If a person becomes an opposed candidate after a
reporting period prescribed by Subsection (b) or (c), the person's
first report must be received by the commission [authority with
whom the report is required to be filed] not later than the regular
deadline for the report covering the period during which the person
becomes an opposed candidate. The period covered by the first
report begins the day the candidate's campaign treasurer
appointment is filed.
(e) In addition to other required reports, an opposed
candidate in a runoff election shall file one report for that
election. The runoff election report must be received by the
commission [authority with whom the report is required to be filed]
not later than the eighth day before runoff election day. The
report covers the period beginning the ninth day before the date of
the main election and continuing through the 10th day before runoff
election day.
SECTION 19. Sections 254.124(b), (c), (d), and (e),
Election Code, are amended to read as follows:
(b) The first report must be received by the commission
[authority with whom the report is required to be filed] not later
than the 30th day before election day. The report covers the period
beginning the day the committee's campaign treasurer appointment is
filed or the first day after the period covered by the committee's
last required report, as applicable, and continuing through the
40th day before election day.
(c) The second report must be received by the commission
[authority with whom the report is required to be filed] not later
than the eighth day before election day. The report covers the
period beginning the 39th day before election day and continuing
through the 10th day before election day.
(d) If a specific-purpose committee supports or opposes a
candidate or measure in an election after a reporting period
prescribed by Subsection (b) or (c), the first report must be
received by the commission [authority with whom the report is
required to be filed] not later than the regular deadline for the
report covering the period during which the committee becomes
involved in the election. The period covered by the first report
begins the day the committee's campaign treasurer appointment is
filed or the first day after the period covered by the committee's
last required report, as applicable.
(e) In addition to other required reports, the campaign
treasurer of a specific-purpose committee that supports or opposes
a candidate in a runoff election shall file one report for the
runoff election. The runoff election report must be received by the
commission [authority with whom the report is required to be filed]
not later than the eighth day before runoff election day. The
report covers the period beginning the ninth day before the date of
the main election and continuing through the 10th day before runoff
election day.
SECTION 20. Section 254.129(a), Election Code, is amended
to read as follows:
(a) If a specific-purpose committee changes its operation
and becomes a general-purpose committee, the committee's campaign
treasurer shall deliver written notice of the change in status to
the commission [authority with whom the specific-purpose
committee's reports under this chapter are required to be filed].
SECTION 21. Sections 254.154(b), (c), (d), and (e),
Election Code, are amended to read as follows:
(b) The first report must be received by the commission
[authority with whom the report is required to be filed] not later
than the 30th day before election day. The report covers the period
beginning the day the committee's campaign treasurer appointment is
filed or the first day after the period covered by the committee's
last required report, as applicable, and continuing through the
40th day before election day.
(c) The second report must be received by the commission
[authority with whom the report is required to be filed] not later
than the eighth day before election day. The report covers the
period beginning the 39th day before election day and continuing
through the 10th day before election day.
(d) If a general-purpose committee becomes involved in an
election after a reporting period prescribed by Subsection (b) or
(c), the first report must be received by the commission [authority
with whom the report is required to be filed] not later than the
regular deadline for the report covering the period during which
the committee becomes involved in the election. The period covered
by the first report begins the day the committee's campaign
treasurer appointment is filed or the first day after the period
covered by the committee's last required report, as applicable.
(e) In addition to other required reports, the campaign
treasurer of a general-purpose committee involved in a runoff
election shall file one report for the runoff election. The runoff
election report must be received by the commission [authority with
whom the report is required to be filed] not earlier than the 10th
day or later than the eighth day before runoff election day. The
report covers the period beginning the ninth day before the date of
the main election and continuing through the 10th day before runoff
election day.
SECTION 22. Section 254.157(a), Election Code, is amended
to read as follows:
(a) The campaign treasurer of a general-purpose committee
filing monthly reports shall file a report not later than the fifth
day of the month following the period covered by the report. A
report covering the month preceding an election in which the
committee is involved must be received by the commission [authority
with whom the report is required to be filed] not later than the
fifth day of the month following the period covered by the report.
SECTION 23. Section 254.202(b), Election Code, is amended
to read as follows:
(b) The report shall be filed with the commission [authority
with whom the person's campaign treasurer appointment was required
to be filed].
SECTION 24. Section 254.205(b), Election Code, is amended
to read as follows:
(b) The report shall be filed with the commission [authority
with whom the person's campaign treasurer appointment was required
to be filed].
SECTION 25. Section 571.079(a), Government Code, is amended
to read as follows:
(a) Not later than the 15th day after the date on which an
application for a place on the general primary election ballot or
for nomination by convention is required to be filed, the
commission shall post on its Internet website:
(1) the name and address of each candidate for a
statewide office, a district office filled by voters of more than
one county, a judicial district office filled by voters of only one
county, state senator, state representative, or the State Board of
Education [an office specified by Section 252.005(1), Election
Code,] who has failed to pay a civil penalty imposed by the
commission for failure to file with the commission a required
report or statement under Chapter 254, Election Code, or Chapter
572; and
(2) for each candidate listed under Subdivision (1),
the amount of the penalty imposed and the amount paid, if any.
SECTION 26. The following provisions of the Election Code
are repealed:
(1) Section 252.006;
(2) Section 252.007;
(3) Section 252.008;
(4) Section 252.009;
(5) Section 252.010;
(6) Section 254.036(f);
(7) Sections 254.0401(b) and (e-1);
(8) Section 254.066;
(9) Section 254.095;
(10) Section 254.097;
(11) Section 254.129(c);
(12) Section 254.130; and
(13) Section 254.163.
SECTION 27. The changes in law made by this Act apply only
to a campaign treasurer appointment required to be filed under
Chapter 252, Election Code, or a report required to be filed under
Chapter 254, Election Code, on or after the effective date of this
Act. A campaign treasurer appointment or report required to be
filed before the effective date of this Act is subject to the law in
effect at the time the appointment or report was filed, and the
former law is continued in effect for that purpose.
SECTION 28. This Act takes effect January 1, 2026.