Texas 2025 - 89th Regular

Texas House Bill HB189 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3456 CJD-F
2	2	By: Vasut H.B. No. 189
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the filing with the Texas Ethics Commission of campaign
10	10	treasurer appointments and reports of political contributions and
11	11	political expenditures.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 252.002(b), Election Code, is amended to
14	14	read as follows:
15	15	(b) A political committee [that files its campaign
16	16	treasurer appointment with the commission] must notify the
17	17	commission in writing of any change in the campaign treasurer's
18	18	address not later than the 10th day after the date on which the
19	19	change occurs.
20	20	SECTION 2. Sections 252.0031(a) and (b), Election Code, are
21	21	amended to read as follows:
22	22	(a) In addition to the information required by Section
23	23	252.002, a campaign treasurer appointment by a specific-purpose
24	24	committee for supporting or opposing a candidate for a statewide
25	25	[an] office, a district office filled by voters of more than one
26	26	county, a judicial district office filled by voters of only one
27	27	county, state senator, state representative, or the State Board of
28	28	Education [specified by Section 252.005(1)] must include:
29	29	(1) the name of and the office sought by the candidate;
30	30	and
31	31	(2) before the committee may use a political
32	32	contribution from a corporation or a labor organization to make a
33	33	direct campaign expenditure in connection with a campaign for an
34	34	elective office, an affidavit stating that:
35	35	(A) the committee is not established or
36	36	controlled by a candidate or an officeholder; and
37	37	(B) the committee will not use any political
38	38	contribution from a corporation or a labor organization to make a
39	39	political contribution to:
40	40	(i) a candidate for elective office;
41	41	(ii) an officeholder; or
42	42	(iii) a political committee that has not
43	43	filed an affidavit under this subdivision or Section 252.003(a)(4).
44	44	(b) The name of a specific-purpose committee for supporting
45	45	a candidate for an office specified by Subsection (a) [Section
46	46	252.005(1)] must include the name of the candidate that the
47	47	committee supports.
48	48	SECTION 3. Section 252.005, Election Code, is amended to
49	49	read as follows:
50	50	Sec. 252.005. [AUTHORITY WITH WHOM] APPOINTMENT FILED WITH
51	51	COMMISSION [: CANDIDATE]. Each candidate and political committee
52	52	[An individual] must file a campaign treasurer appointment [for the
53	53	individual's own candidacy] with[:
54	54	[(1)] the commission[, if the appointment is made for
55	55	candidacy for:
56	56	[(A) a statewide office;
57	57	[(B) a district office filled by voters of more
58	58	than one county;
59	59	[(C) a judicial district office filled by voters
60	60	of only one county;
61	61	[(D) state senator;
62	62	[(E) state representative; or
63	63	[(F) the State Board of Education;
64	64	[(2) the county clerk, if the appointment is made for
65	65	candidacy for a county office, a precinct office, or a district
66	66	office other than one included in Subdivision (1);
67	67	[(3) the clerk or secretary of the governing body of
68	68	the political subdivision or, if the political subdivision has no
69	69	clerk or secretary, with the governing body's presiding officer, if
70	70	the appointment is made for candidacy for an office of a political
71	71	subdivision other than a county;
72	72	[(4) the county clerk if:
73	73	[(A) the appointment is made for candidacy for an
74	74	office of a political subdivision other than a county;
75	75	[(B) the governing body for the political
76	76	subdivision has not been formed; and
77	77	[(C) no boundary of the political subdivision
78	78	crosses a boundary of the county; or
79	79	[(5) the commission if:
80	80	[(A) the appointment is made for candidacy for an
81	81	office of a political subdivision other than a county;
82	82	[(B) the governing body for the political
83	83	subdivision has not been formed; and
84	84	[(C) the political subdivision is situated in
85	85	more than one county].
86	86	SECTION 4. Section 252.011(a), Election Code, is amended to
87	87	read as follows:
88	88	(a) A campaign treasurer appointment takes effect at the
89	89	time it is filed with the commission [authority specified by this
90	90	chapter].
91	91	SECTION 5. Section 252.012(c), Election Code, is amended to
92	92	read as follows:
93	93	(c) If the campaign treasurer of a [specific-purpose]
94	94	political committee [required to file its campaign treasurer
95	95	appointment with the commission or of a general-purpose political
96	96	committee] is removed by the committee, the departing campaign
97	97	treasurer shall immediately file written notification of the
98	98	termination of appointment with the commission.
99	99	SECTION 6. Section 252.013(c), Election Code, is amended to
100	100	read as follows:
101	101	(c) If the campaign treasurer of a [specific-purpose]
102	102	political committee [required to file its campaign treasurer
103	103	appointment with the commission or of a general-purpose political
104	104	committee] resigns or otherwise vacates the position, the campaign
105	105	treasurer shall immediately file written notification of the
106	106	vacancy with the commission.
107	107	SECTION 7. Section 252.0131, Election Code, is amended to
108	108	read as follows:
109	109	Sec. 252.0131. TERMINATION OF CAMPAIGN TREASURER
110	110	APPOINTMENT. (a) The commission by rule shall adopt a process by
111	111	which the commission may terminate the campaign treasurer
112	112	appointment of an inactive candidate or political committee [that
113	113	is required to file a campaign treasurer appointment with the
114	114	commission. The governing body of a political subdivision by
115	115	ordinance or order may adopt a process by which the clerk or
116	116	secretary, as applicable, of the political subdivision may
117	117	terminate the campaign treasurer appointment of an inactive
118	118	candidate or political committee that is required to file a
119	119	campaign treasurer appointment with the clerk or secretary]. For
120	120	purposes of this section, a candidate or political committee is
121	121	inactive if the candidate or committee:
122	122	(1) has never filed or has ceased to file reports under
123	123	Chapter 254;
124	124	(2) in the case of a candidate, has not been elected to
125	125	an office for which a candidate is required to file a campaign
126	126	treasurer appointment with the commission [authority who is seeking
127	127	to terminate the candidate's campaign treasurer appointment]; and
128	128	(3) has not filed:
129	129	(A) a final report under Section 254.065 or
130	130	254.125; or
131	131	(B) a dissolution report under Section 254.126 or
132	132	254.159.
133	133	(b) Before the commission may terminate a campaign
134	134	treasurer appointment, the commission must consider the proposed
135	135	termination in a regularly scheduled open meeting. [Before the
136	136	clerk or secretary of a political subdivision may terminate a
137	137	campaign treasurer appointment, the governing body of the political
138	138	subdivision must consider the proposed termination in a regularly
139	139	scheduled open meeting.]
140	140	(c) Rules [or an ordinance or order] adopted under this
141	141	section must:
142	142	(1) define "inactive candidate or political
143	143	committee" for purposes of terminating the candidate's or
144	144	committee's campaign treasurer appointment; and
145	145	(2) require written notice to the affected candidate
146	146	or committee of:
147	147	(A) the proposed termination of the candidate's
148	148	or committee's campaign treasurer appointment;
149	149	(B) the date, time, and place of the meeting at
150	150	which the commission [or governing body of the political
151	151	subdivision, as applicable,] will consider the proposed
152	152	termination; and
153	153	(C) the effect of termination of the candidate's
154	154	or committee's campaign treasurer appointment.
155	155	(d) The termination of a campaign treasurer appointment
156	156	under this section takes effect on the 30th day after the date of
157	157	the meeting at which the commission [or governing body, as
158	158	applicable,] votes to terminate the appointment. Following that
159	159	meeting, the commission [or the clerk or secretary of the political
160	160	subdivision, as applicable,] shall promptly notify the affected
161	161	candidate or political committee that the appointment has been
162	162	terminated. The notice must state the effective date of the
163	163	termination.
164	164	SECTION 8. Section 252.014, Election Code, is amended to
165	165	read as follows:
166	166	Sec. 252.014. PRESERVATION OF FILED APPOINTMENTS. The
167	167	commission [authority with whom a campaign treasurer appointment is
168	168	filed under this chapter] shall preserve campaign treasurer
169	169	appointments filed under this chapter [the appointment] for two
170	170	years after the date the appointment is terminated.
171	171	SECTION 9. Section 252.015(a), Election Code, is amended to
172	172	read as follows:
173	173	(a) Each specific-purpose committee for supporting or
174	174	opposing a candidate for a statewide office, a district office
175	175	filled by voters of more than one county, a judicial district office
176	176	filled by voters of only one county, state senator, state
177	177	representative, or the State Board of Education, [an office
178	178	specified by Section 252.005(1)] or a statewide or district
179	179	measure, and each general-purpose committee may appoint an
180	180	assistant campaign treasurer by written appointment filed with the
181	181	commission.
182	182	SECTION 10. Section 253.031(c), Election Code, is amended
183	183	to read as follows:
184	184	(c) A political committee may not knowingly make or
185	185	authorize a campaign contribution or campaign expenditure
186	186	supporting or opposing a candidate for a statewide office, a
187	187	district office filled by voters of more than one county, a judicial
188	188	district office filled by voters of only one county, state senator,
189	189	state representative, or the State Board of Education [an office
190	190	specified by Section 252.005(1)] in a primary or general election
191	191	unless the committee's campaign treasurer appointment has been
192	192	filed not later than the 30th day before the appropriate election
193	193	day.
194	194	SECTION 11. Sections 254.036(a), (c), (e), (g), and (i),
195	195	Election Code, are amended to read as follows:
196	196	(a) Each report filed under this chapter [with an authority
197	197	other than the commission must be in a format prescribed by the
198	198	commission. A report filed] with the commission that is not
199	199	required to be filed by computer diskette, modem, or other means of
200	200	electronic transfer must be on a form prescribed by the commission
201	201	and written in black ink or typed with black typewriter ribbon or,
202	202	if the report is a computer printout, the printout must conform to
203	203	the same format and paper size as the form prescribed by the
204	204	commission.
205	205	(c) A candidate, officeholder, or political committee [that
206	206	is required to file reports with the commission] may file reports
207	207	that comply with Subsection (a) if:
208	208	(1) the candidate, officeholder, or campaign
209	209	treasurer of the committee files with the commission an affidavit
210	210	stating that the candidate, officeholder, or committee, an agent of
211	211	the candidate, officeholder, or committee, or a person with whom
212	212	the candidate, officeholder, or committee contracts does not use
213	213	computer equipment to keep the current records of political
214	214	contributions, political expenditures, or persons making political
215	215	contributions to the candidate, officeholder, or committee; and
216	216	(2) the candidate, officeholder, or committee does
217	217	not, in a calendar year, accept political contributions that in the
218	218	aggregate exceed $20,000 or make political expenditures that in the
219	219	aggregate exceed $20,000.
220	220	(e) A candidate for an office of a political subdivision,
221	221	other than a county, that has not formed a governing body and is
222	222	situated in more than one county [described by Section 252.005(5)]
223	223	or a specific-purpose committee for supporting or opposing only
224	224	candidates for an office described by this subsection [Section
225	225	252.005(5)] or a measure concerning a political subdivision
226	226	described by this subsection [Section 252.007(5)] may file reports
227	227	that comply with Subsection (a).
228	228	(g) In prescribing the format of a report filed under this
229	229	chapter[, including a report filed with an authority other than the
230	230	commission under Subsection (a),] the commission shall ensure that
231	231	the report requires for political expenditures made with a credit
232	232	card that:
233	233	(1) the expenditures be reported in a single itemized
234	234	list; and
235	235	(2) the list include, stated by credit card issuer:
236	236	(A) the name of the credit card issuer;
237	237	(B) the date and amount of each expenditure; and
238	238	(C) the date the credit card issuer was repaid
239	239	for the expenditure.
240	240	(i) Each person required to file reports [with the
241	241	commission] that comply with Subsection (b) shall file with the
242	242	commission a written statement providing the manner of electronic
243	243	transfer that the person will use to file the report. A statement
244	244	under this subsection must be filed not later than the 30th day
245	245	before the filing deadline for the first report a person is required
246	246	to file under Subsection (b). A person who intends to change the
247	247	manner of filing described by the person's most recent statement
248	248	shall notify the commission of the change not later than the 30th
249	249	day before the filing deadline for the report to which the change
250	250	applies. If a person does not file a statement under this
251	251	subsection, the commission may accept as authentic a report filed
252	252	in any manner that complies with Subsection (b). If the commission
253	253	receives a report that is not filed in the manner described by the
254	254	person's most recent statement under this subsection, the
255	255	commission shall promptly notify the person in writing that the
256	256	commission has received a report filed in a different manner than
257	257	expected.
258	258	SECTION 12. Section 254.038(a), Election Code, is amended
259	259	to read as follows:
260	260	(a) In addition to other reports required by this chapter,
261	261	the following persons shall file additional reports during the
262	262	period beginning the ninth day before election day and ending at 12
263	263	noon on the day before election day:
264	264	(1) a candidate for a statewide office, a district
265	265	office filled by voters of more than one county, a judicial district
266	266	office filled by voters of only one county, state senator, state
267	267	representative, or the State Board of Education [an office
268	268	specified by Section 252.005(1)] who accepts political
269	269	contributions from a person that in the aggregate exceed $1,000
270	270	during that reporting period; and
271	271	(2) a specific-purpose committee for supporting or
272	272	opposing a candidate described by Subdivision (1) and that accepts
273	273	political contributions from a person that in the aggregate exceed
274	274	$1,000 during that reporting period.
275	275	SECTION 13. Subchapter B, Chapter 254, Election Code, is
276	276	amended by adding Section 254.0395 to read as follows:
277	277	Sec. 254.0395. AUTHORITY WITH WHOM REPORTS FILED. A person
278	278	required to file a report under this chapter shall file the report
279	279	with the commission.
280	280	SECTION 14. Section 254.040(a), Election Code, is amended
281	281	to read as follows:
282	282	(a) Each report filed under this chapter shall be preserved
283	283	by the commission [authority with whom it is filed] for at least two
284	284	years after the date it is filed.
285	285	SECTION 15. Section 254.0401(g), Election Code, is amended
286	286	to read as follows:
287	287	(g) Electronic report data saved in a temporary storage
288	288	location [of the authority with whom the report is filed] for later
289	289	retrieval and editing before the report is filed is confidential
290	290	and may not be disclosed. After the report is filed [with the
291	291	authority], the information disclosed in the filed report is public
292	292	information to the extent provided by this title.
293	293	SECTION 16. Section 254.0402(a), Election Code, is amended
294	294	to read as follows:
295	295	(a) Notwithstanding Section 552.222(a), Government Code,
296	296	the commission [authority with whom a report is filed under this
297	297	chapter] may not require a person examining a [the] report filed
298	298	under this chapter to provide any information or identification.
299	299	SECTION 17. Section 254.043(a), Election Code, is amended
300	300	to read as follows:
301	301	(a) This section applies only to[:
302	302	[(1)] a person required to file reports under this
303	303	chapter with the commission[; or
304	304	[(2) a person required to file reports under this
305	305	chapter with an authority other than the commission in connection
306	306	with an office of a political subdivision in a county with a
307	307	population of at least 500,000].
308	308	SECTION 18. Sections 254.064(b), (c), (d), and (e),
309	309	Election Code, are amended to read as follows:
310	310	(b) The first report must be received by the commission
311	311	[authority with whom the report is required to be filed] not later
312	312	than the 30th day before election day. The report covers the period
313	313	beginning the day the candidate's campaign treasurer appointment is
314	314	filed or the first day after the period covered by the last report
315	315	required to be filed under this chapter, as applicable, and
316	316	continuing through the 40th day before election day.
317	317	(c) The second report must be received by the commission
318	318	[authority with whom the report is required to be filed] not later
319	319	than the eighth day before election day. The report covers the
320	320	period beginning the 39th day before election day and continuing
321	321	through the 10th day before election day.
322	322	(d) If a person becomes an opposed candidate after a
323	323	reporting period prescribed by Subsection (b) or (c), the person's
324	324	first report must be received by the commission [authority with
325	325	whom the report is required to be filed] not later than the regular
326	326	deadline for the report covering the period during which the person
327	327	becomes an opposed candidate. The period covered by the first
328	328	report begins the day the candidate's campaign treasurer
329	329	appointment is filed.
330	330	(e) In addition to other required reports, an opposed
331	331	candidate in a runoff election shall file one report for that
332	332	election. The runoff election report must be received by the
333	333	commission [authority with whom the report is required to be filed]
334	334	not later than the eighth day before runoff election day. The
335	335	report covers the period beginning the ninth day before the date of
336	336	the main election and continuing through the 10th day before runoff
337	337	election day.
338	338	SECTION 19. Sections 254.124(b), (c), (d), and (e),
339	339	Election Code, are amended to read as follows:
340	340	(b) The first report must be received by the commission
341	341	[authority with whom the report is required to be filed] not later
342	342	than the 30th day before election day. The report covers the period
343	343	beginning the day the committee's campaign treasurer appointment is
344	344	filed or the first day after the period covered by the committee's
345	345	last required report, as applicable, and continuing through the
346	346	40th day before election day.
347	347	(c) The second report must be received by the commission
348	348	[authority with whom the report is required to be filed] not later
349	349	than the eighth day before election day. The report covers the
350	350	period beginning the 39th day before election day and continuing
351	351	through the 10th day before election day.
352	352	(d) If a specific-purpose committee supports or opposes a
353	353	candidate or measure in an election after a reporting period
354	354	prescribed by Subsection (b) or (c), the first report must be
355	355	received by the commission [authority with whom the report is
356	356	required to be filed] not later than the regular deadline for the
357	357	report covering the period during which the committee becomes
358	358	involved in the election. The period covered by the first report
359	359	begins the day the committee's campaign treasurer appointment is
360	360	filed or the first day after the period covered by the committee's
361	361	last required report, as applicable.
362	362	(e) In addition to other required reports, the campaign
363	363	treasurer of a specific-purpose committee that supports or opposes
364	364	a candidate in a runoff election shall file one report for the
365	365	runoff election. The runoff election report must be received by the
366	366	commission [authority with whom the report is required to be filed]
367	367	not later than the eighth day before runoff election day. The
368	368	report covers the period beginning the ninth day before the date of
369	369	the main election and continuing through the 10th day before runoff
370	370	election day.
371	371	SECTION 20. Section 254.129(a), Election Code, is amended
372	372	to read as follows:
373	373	(a) If a specific-purpose committee changes its operation
374	374	and becomes a general-purpose committee, the committee's campaign
375	375	treasurer shall deliver written notice of the change in status to
376	376	the commission [authority with whom the specific-purpose
377	377	committee's reports under this chapter are required to be filed].
378	378	SECTION 21. Sections 254.154(b), (c), (d), and (e),
379	379	Election Code, are amended to read as follows:
380	380	(b) The first report must be received by the commission
381	381	[authority with whom the report is required to be filed] not later
382	382	than the 30th day before election day. The report covers the period
383	383	beginning the day the committee's campaign treasurer appointment is
384	384	filed or the first day after the period covered by the committee's
385	385	last required report, as applicable, and continuing through the
386	386	40th day before election day.
387	387	(c) The second report must be received by the commission
388	388	[authority with whom the report is required to be filed] not later
389	389	than the eighth day before election day. The report covers the
390	390	period beginning the 39th day before election day and continuing
391	391	through the 10th day before election day.
392	392	(d) If a general-purpose committee becomes involved in an
393	393	election after a reporting period prescribed by Subsection (b) or
394	394	(c), the first report must be received by the commission [authority
395	395	with whom the report is required to be filed] not later than the
396	396	regular deadline for the report covering the period during which
397	397	the committee becomes involved in the election. The period covered
398	398	by the first report begins the day the committee's campaign
399	399	treasurer appointment is filed or the first day after the period
400	400	covered by the committee's last required report, as applicable.
401	401	(e) In addition to other required reports, the campaign
402	402	treasurer of a general-purpose committee involved in a runoff
403	403	election shall file one report for the runoff election. The runoff
404	404	election report must be received by the commission [authority with
405	405	whom the report is required to be filed] not earlier than the 10th
406	406	day or later than the eighth day before runoff election day. The
407	407	report covers the period beginning the ninth day before the date of
408	408	the main election and continuing through the 10th day before runoff
409	409	election day.
410	410	SECTION 22. Section 254.157(a), Election Code, is amended
411	411	to read as follows:
412	412	(a) The campaign treasurer of a general-purpose committee
413	413	filing monthly reports shall file a report not later than the fifth
414	414	day of the month following the period covered by the report. A
415	415	report covering the month preceding an election in which the
416	416	committee is involved must be received by the commission [authority
417	417	with whom the report is required to be filed] not later than the
418	418	fifth day of the month following the period covered by the report.
419	419	SECTION 23. Section 254.202(b), Election Code, is amended
420	420	to read as follows:
421	421	(b) The report shall be filed with the commission [authority
422	422	with whom the person's campaign treasurer appointment was required
423	423	to be filed].
424	424	SECTION 24. Section 254.205(b), Election Code, is amended
425	425	to read as follows:
426	426	(b) The report shall be filed with the commission [authority
427	427	with whom the person's campaign treasurer appointment was required
428	428	to be filed].
429	429	SECTION 25. Section 571.079(a), Government Code, is amended
430	430	to read as follows:
431	431	(a) Not later than the 15th day after the date on which an
432	432	application for a place on the general primary election ballot or
433	433	for nomination by convention is required to be filed, the
434	434	commission shall post on its Internet website:
435	435	(1) the name and address of each candidate for a
436	436	statewide office, a district office filled by voters of more than
437	437	one county, a judicial district office filled by voters of only one
438	438	county, state senator, state representative, or the State Board of
439	439	Education [an office specified by Section 252.005(1), Election
440	440	Code,] who has failed to pay a civil penalty imposed by the
441	441	commission for failure to file with the commission a required
442	442	report or statement under Chapter 254, Election Code, or Chapter
443	443	572; and
444	444	(2) for each candidate listed under Subdivision (1),
445	445	the amount of the penalty imposed and the amount paid, if any.
446	446	SECTION 26. The following provisions of the Election Code
447	447	are repealed:
448	448	(1) Section 252.006;
449	449	(2) Section 252.007;
450	450	(3) Section 252.008;
451	451	(4) Section 252.009;
452	452	(5) Section 252.010;
453	453	(6) Section 254.036(f);
454	454	(7) Sections 254.0401(b) and (e-1);
455	455	(8) Section 254.066;
456	456	(9) Section 254.095;
457	457	(10) Section 254.097;
458	458	(11) Section 254.129(c);
459	459	(12) Section 254.130; and
460	460	(13) Section 254.163.
461	461	SECTION 27. The changes in law made by this Act apply only
462	462	to a campaign treasurer appointment required to be filed under
463	463	Chapter 252, Election Code, or a report required to be filed under
464	464	Chapter 254, Election Code, on or after the effective date of this
465	465	Act. A campaign treasurer appointment or report required to be
466	466	filed before the effective date of this Act is subject to the law in
467	467	effect at the time the appointment or report was filed, and the
468	468	former law is continued in effect for that purpose.
469	469	SECTION 28. This Act takes effect January 1, 2026.