Texas 2025 - 89th Regular

Texas House Bill HB2981 Compare Versions

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

Old	New	Differences
1	1	89R8217 CJD-D
2	2	By: Leo Wilson H.B. No. 2981
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting contributions, expenditures, and related
10	10	activities involving a specific-purpose committee for supporting
11	11	or opposing a ballot measure; creating a criminal offense;
12	12	providing a civil penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 51.014(a), Civil Practice and Remedies
15	15	Code, is amended to read as follows:
16	16	(a) A person may appeal from an interlocutory order of a
17	17	district court, county court at law, statutory probate court, or
18	18	county court that:
19	19	(1) appoints a receiver or trustee;
20	20	(2) overrules a motion to vacate an order that
21	21	appoints a receiver or trustee;
22	22	(3) certifies or refuses to certify a class in a suit
23	23	brought under Rule 42 of the Texas Rules of Civil Procedure;
24	24	(4) grants or refuses a temporary injunction or grants
25	25	or overrules a motion to dissolve a temporary injunction as
26	26	provided by Chapter 65;
27	27	(5) denies a motion for summary judgment that is based
28	28	on an assertion of immunity by an individual who is an officer or
29	29	employee of the state or a political subdivision of the state;
30	30	(6) denies a motion for summary judgment that is based
31	31	in whole or in part upon a claim against or defense by a member of
32	32	the electronic or print media, acting in such capacity, or a person
33	33	whose communication appears in or is published by the electronic or
34	34	print media, arising under the free speech or free press clause of
35	35	the First Amendment to the United States Constitution, or Article
36	36	I, Section 8, of the Texas Constitution, or Chapter 73;
37	37	(7) grants or denies the special appearance of a
38	38	defendant under Rule 120a, Texas Rules of Civil Procedure, except
39	39	in a suit brought under the Family Code;
40	40	(8) grants or denies a plea to the jurisdiction by a
41	41	governmental unit as that term is defined in Section 101.001;
42	42	(9) denies all or part of the relief sought by a motion
43	43	under Section 74.351(b), except that an appeal may not be taken from
44	44	an order granting an extension under Section 74.351;
45	45	(10) grants relief sought by a motion under Section
46	46	74.351(l);
47	47	(11) denies a motion to dismiss filed under Section
48	48	90.007;
49	49	(12) denies a motion to dismiss filed under Section
50	50	27.003;
51	51	(13) denies a motion for summary judgment filed by an
52	52	electric utility regarding liability in a suit subject to Section
53	53	75.0022;
54	54	(14) denies a motion filed by a municipality with a
55	55	population of 500,000 or more in an action filed under Section
56	56	54.012(6) or 214.0012, Local Government Code;
57	57	(15) makes a preliminary determination on a claim
58	58	under Section 74.353;
59	59	(16) overrules an objection filed under Section
60	60	148.003(d) or denies all or part of the relief sought by a motion
61	61	under Section 148.003(f); [or]
62	62	(17) grants or denies a motion for summary judgment
63	63	filed by a contractor based on Section 97.002; or
64	64	(18) makes a determination of probable cause under
65	65	Section 253.206(b), Election Code.
66	66	SECTION 2. Chapter 252, Election Code, is amended by adding
67	67	Section 252.0033 to read as follows:
68	68	Sec. 252.0033. CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE
69	69	COMMITTEE FOR SUPPORTING OR OPPOSING BALLOT MEASURE. In addition
70	70	to the information required by Section 252.002, a campaign
71	71	treasurer appointment by a specific-purpose committee for
72	72	supporting or opposing a ballot measure must include an affidavit
73	73	certifying that the committee did not receive direct or indirect
74	74	funding from a foreign national, as defined by Section 253.201,
75	75	for:
76	76	(1) conducting a poll or focus group on the ballot
77	77	measure;
78	78	(2) drafting sample ballot measure language;
79	79	(3) making telephone calls in relation to the ballot
80	80	measure; or
81	81	(4) travel expenses incurred in relation to the ballot
82	82	measure.
83	83	SECTION 3. Chapter 253, Election Code, is amended by adding
84	84	Subchapter G to read as follows:
85	85	SUBCHAPTER G. RESTRICTIONS ON CONTRIBUTIONS, EXPENDITURES, AND
86	86	RELATED ACTIVITIES INVOLVING SPECIFIC-PURPOSE COMMITTEE FOR
87	87	SUPPORTING OR OPPOSING BALLOT MEASURE
88	88	Sec. 253.201. DEFINITIONS. In this subchapter:
89	89	(1) "Directly or indirectly" means, with respect to an
90	90	act by a person, the person acting alone or jointly with, through,
91	91	or on behalf of another person.
92	92	(2) "Foreign national" means:
93	93	(A) an individual who is not a United States
94	94	citizen or national;
95	95	(B) a government of a foreign country or of a
96	96	political subdivision of a foreign country;
97	97	(C) a foreign political party;
98	98	(D) a person that is organized under the law of or
99	99	has the person's principal place of business in a foreign country;
100	100	and
101	101	(E) a person that is wholly or primarily owned by
102	102	a person described by Paragraph (A), (B), (C), or (D).
103	103	Sec. 253.202. APPLICABILITY. (a) This subchapter applies
104	104	only to a specific-purpose committee for supporting or opposing a
105	105	ballot measure.
106	106	(b) For purposes of this subchapter, a prohibition under
107	107	this chapter related to contributions and expenditures by a foreign
108	108	national that is a person wholly or primarily owned by a person
109	109	described by Section 253.201(2)(A), (B), (C), or (D) does not apply
110	110	if:
111	111	(1) the contribution or expenditure is derived
112	112	entirely from money generated in the United States; and
113	113	(2) each decision related to the contribution or
114	114	expenditure, other than a decision on setting overall contribution
115	115	or expenditure budget amounts, is made by an individual who is a
116	116	United States citizen or national.
117	117	Sec. 253.203. PROHIBITED CONTRIBUTIONS AND EXPENDITURES;
118	118	AFFIRMATION REQUIRED. (a) A specific-purpose committee may not
119	119	knowingly and directly or indirectly:
120	120	(1) solicit or accept a contribution from a foreign
121	121	national;
122	122	(2) solicit or accept a contribution from a person
123	123	that in the four years preceding the date on which the contribution
124	124	is made knowingly accepted money from foreign nationals for a
125	125	political purpose that in the aggregate exceeds $100,000;
126	126	(3) make an expenditure to a foreign national; or
127	127	(4) solicit a foreign national to make an expenditure
128	128	on the committee's behalf.
129	129	(b) On receipt of a contribution by a specific-purpose
130	130	committee, the committee shall obtain from the person making the
131	131	contribution a written affirmation that the person:
132	132	(1) is not a foreign national; and
133	133	(2) has not in the four years preceding the date on
134	134	which the contribution is made knowingly accepted money from
135	135	foreign nationals for a political purpose that in the aggregate
136	136	exceeds $100,000.
137	137	Sec. 253.204. PROHIBITED CONDUCT BY FOREIGN NATIONALS
138	138	RELATED TO CONTRIBUTIONS AND EXPENDITURES. (a) A foreign national
139	139	may not direct, dictate, control, or directly participate in a
140	140	person's decision-making process with regard to influencing a
141	141	ballot measure, including the person's decision to make a
142	142	contribution or expenditure to influence a ballot measure.
143	143	(b) A foreign national may not directly or indirectly
144	144	solicit the making by a person of a donation, contribution, or
145	145	expenditure to influence a ballot measure.
146	146	Sec. 253.205. RECORDKEEPING AND CERTIFICATION REQUIREMENTS
147	147	RELATED TO CERTAIN CONTRIBUTIONS AND EXPENDITURES; CRIMINAL
148	148	OFFENSE. (a) A person that makes a contribution or an expenditure
149	149	to support or oppose a specific-purpose committee shall maintain a
150	150	record of the contribution or expenditure until the second
151	151	anniversary of the date the contribution or expenditure is made.
152	152	(b) Not later than 48 hours after a person makes an
153	153	expenditure to support or oppose a ballot measure, the person shall
154	154	certify to the commission, in the form and manner the commission
155	155	requires, that the person:
156	156	(1) has not in the four years preceding the date on
157	157	which the expenditure is made knowingly accepted money from foreign
158	158	nationals for a political purpose that in the aggregate exceeds
159	159	$100,000; and
160	160	(2) will not for the remainder of the year during which
161	161	the ballot measure will appear on the ballot knowingly accept money
162	162	from foreign nationals for a political purpose that in the
163	163	aggregate exceeds $100,000.
164	164	(c) A person commits an offense if the person violates this
165	165	section. An offense under this section is a Class B misdemeanor.
166	166	Sec. 253.206. ENFORCEMENT. (a) The commission may bring a
167	167	civil action to enforce this subchapter.
168	168	(b) Before discovery in an action brought under this
169	169	section, the court must hold a hearing to determine if there is
170	170	probable cause to believe that a person has violated this
171	171	subchapter.
172	172	(c) If, after the hearing required by Subsection (b), the
173	173	court determines that:
174	174	(1) probable cause does not exist to believe that a
175	175	violation of this subchapter occurred, the court shall dismiss the
176	176	action with prejudice; or
177	177	(2) probable cause exists to believe that a violation
178	178	of this subchapter occurred, the court shall:
179	179	(A) enter an order stating the court's findings;
180	180	(B) resume the action; and
181	181	(C) cause the action to be expedited.
182	182	(d) After an affirmative finding under Subsection (c), a
183	183	defendant may, at a time determined by the court and before the
184	184	scheduling of a trial date, present evidence sufficient to rebut
185	185	the probable cause finding by making an ex parte presentation of
186	186	records to the court for in camera review.
187	187	(e) If the court determines that a specific-purpose
188	188	committee has accepted a contribution in violation of this
189	189	subchapter, the committee shall, not later than the 30th day after
190	190	the date of the court's determination, return to the person who made
191	191	the contribution the contribution accepted in violation of this
192	192	subchapter. If either party appeals the court's determination, the
193	193	court shall order the contribution at issue to be placed in escrow
194	194	pending the outcome of the appeal.
195	195	(f) If a specific-purpose committee that was determined to
196	196	have accepted a contribution in violation of this subchapter is
197	197	unable to return all or part of the contribution as required by
198	198	Subsection (e), the committee's directors, officers, and executive
199	199	members are jointly and severally liable for returning the
200	200	remaining part of the contribution.
201	201	(g) A person who violates this subchapter is liable for a
202	202	civil penalty in an amount not to exceed twice the amount of the
203	203	contribution accepted or expenditure made in violation of this
204	204	subchapter.
205	205	Sec. 253.207. PROHIBITED DISCLOSURE OF CERTAIN DONORS;
206	206	CRIMINAL OFFENSE. (a) In this section, "nonprofit organization"
207	207	means an organization exempt from federal income taxation under
208	208	Section 501(a), Internal Revenue Code of 1986, as an organization
209	209	described by Section 501(c)(3) of that code.
210	210	(b) An investigation of an alleged violation of this
211	211	subchapter must be conducted in a manner to ensure that the identity
212	212	of a person who makes a lawful donation to a nonprofit organization
213	213	is kept confidential. The commission or a court may not compel the
214	214	disclosure of the identity of a person who makes a lawful donation
215	215	to a nonprofit organization unless the disclosure is directly
216	216	related to an alleged violation of this subchapter.
217	217	(c) A government official may not disclose the identity of a
218	218	person who makes a lawful donation to a nonprofit organization
219	219	unless the person is determined to have violated this subchapter.
220	220	(d) A person commits an offense if the person violates this
221	221	section. An offense under this section is a Class B misdemeanor.
222	222	Sec. 253.208. EFFECT OF VIOLATION ON PERSONS ENGAGED IN
223	223	LOBBYING. (a) A person who is determined to have violated this
224	224	subchapter may not engage in activities that would require
225	225	registration as a lobbyist under Chapter 305, Government Code, for
226	226	two years from the date of the determination.
227	227	(b) A person who is determined to have violated this
228	228	subchapter and who on the date of the determination is registered as
229	229	a lobbyist under Chapter 305, Government Code, may not engage in
230	230	activities for two years from the date of the expiration of the
231	231	person's registration under that chapter.
232	232	SECTION 4. Subchapter E, Chapter 254, Election Code, is
233	233	amended by adding Section 254.131 to read as follows:
234	234	Sec. 254.131. ADDITIONAL CONTENTS OF REPORTS OF COMMITTEES
235	235	SUPPORTING OR OPPOSING BALLOT MEASURE. (a) In this section,
236	236	"foreign national" has the meaning assigned by Section 253.201.
237	237	(b) In addition to the contents required by Section 254.031,
238	238	the campaign treasurer of a specific-purpose committee for
239	239	supporting or opposing a ballot measure must include an affirmation
240	240	that:
241	241	(1) the committee did not knowingly:
242	242	(A) solicit or accept a contribution from a
243	243	foreign national;
244	244	(B) make an expenditure to a foreign national; or
245	245	(C) solicit a foreign national to make an
246	246	expenditure on the committee's behalf; and
247	247	(2) no contribution included in the report was made
248	248	by:
249	249	(A) a foreign national; or
250	250	(B) a person that in the four years preceding the
251	251	date on which the contribution is made knowingly accepted money
252	252	from foreign nationals for a political purpose that in the
253	253	aggregate exceeds $100,000.
254	254	SECTION 5. The changes in law made by this Act to Chapters
255	255	252 and 254, Election Code, apply only to a campaign treasurer
256	256	appointment required to be filed under Chapter 252 or a report
257	257	required to be filed under Chapter 254 on or after the effective
258	258	date of this Act. A campaign treasurer appointment or report
259	259	required to be filed before the effective date of this Act is
260	260	governed by the law in effect at the time the appointment or report
261	261	was filed, and the former law is continued in effect for that
262	262	purpose.
263	263	SECTION 6. Subchapter G, Chapter 253, Election Code, as
264	264	added by this Act, applies only to a contribution or expenditure
265	265	made or an activity related to the making of a contribution or
266	266	expenditure that occurs on or after the effective date of this Act.
267	267	A contribution or expenditure made or a related activity that
268	268	occurs before the effective date of this Act is governed by the law
269	269	in effect at the time the contribution or expenditure was made or
270	270	the activity occurred, and the former law is continued in effect for
271	271	that purpose.
272	272	SECTION 7. This Act takes effect September 1, 2025.