Texas 2025 - 89th Regular

Texas House Bill HB5111 Compare Versions

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11 89R9262 CJD-F
22 By: Darby H.B. No. 5111
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the regulation of campaign treasurer appointments and
1010 related matters and the content of and posting of information
1111 contained in a campaign treasurer appointment; providing a civil
1212 penalty.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Chapter 252, Election Code, is amended by adding
1515 Section 252.0015 to read as follows:
1616 Sec. 252.0015. CAMPAIGN TREASURER APPOINTMENT ELIGIBILITY.
1717 (a) Except as provided by Subsection (b), a person is eligible for
1818 appointment as a campaign treasurer if the person is:
1919 (1) 18 years of age or older; and
2020 (2) a legal resident of this state.
2121 (b) A person is not eligible for appointment as a campaign
2222 treasurer if:
2323 (1) the person is currently the campaign treasurer for
2424 a candidate or political committee;
2525 (2) the person has been convicted of an offense under
2626 Chapter 276;
2727 (3) the commission has made a determination during the
2828 five-year period preceding the date of the person's appointment
2929 that the person committed a Category One violation or a Category Two
3030 violation, as those terms are defined by Section 571.1211,
3131 Government Code;
3232 (4) the person is required to register as a lobbyist
3333 under Chapter 305, Government Code;
3434 (5) the person is an employee of or contracted by a
3535 political committee; or
3636 (6) the person is a candidate and the appointment is
3737 for a political committee.
3838 (c) For purposes of this title, a candidate or political
3939 committee that appoints a person as a campaign treasurer who is
4040 ineligible for appointment under Subsection (b) at the time of
4141 appointment is considered to not have a campaign treasurer
4242 appointment in effect.
4343 (d) If the commission receives notice that a candidate's or
4444 political committee's campaign treasurer was ineligible under
4545 Subsection (b) at the time of the appointment or became ineligible
4646 under that subsection after the appointment, the commission shall
4747 conduct an investigation to determine whether the campaign
4848 treasurer is ineligible for appointment. If the commission
4949 determines that a campaign treasurer is ineligible for appointment,
5050 the commission shall provide notice of that determination to the
5151 campaign treasurer and the candidate or political committee as soon
5252 as practicable after making the determination.
5353 (e) A candidate or political committee shall appoint a new
5454 campaign treasurer as provided by this chapter not later than the
5555 14th business day after the date:
5656 (1) the candidate or political committee becomes aware
5757 that the candidate's or political committee's campaign treasurer
5858 became ineligible under Subsection (b) after the appointment; or
5959 (2) the candidate or political committee receives
6060 notice under Subsection (d) that the candidate's or political
6161 committee's campaign treasurer is ineligible.
6262 (f) A candidate or political committee that violates this
6363 section is liable for a civil penalty in an amount not to exceed
6464 three times the amount of political contributions the candidate or
6565 political committee accepted during the period the candidate or
6666 political committee was in violation of this section.
6767 (g) Subsections (b)(2), (3), (4), and (5) do not apply to a
6868 person who is a candidate and who appoints the person as the
6969 person's own campaign treasurer under Section 252.004.
7070 SECTION 2. Section 252.002, Election Code, is amended to
7171 read as follows:
7272 Sec. 252.002. CONTENTS OF APPOINTMENT. (a) A campaign
7373 treasurer appointment must be in writing and include:
7474 (1) the campaign treasurer's name;
7575 (1-a) the campaign treasurer's date of birth;
7676 (2) the campaign treasurer's residence [or business
7777 street] address;
7878 (3) the campaign treasurer's telephone number and
7979 e-mail address;
8080 (3-a) the campaign treasurer's driver's license
8181 number, state identification card number, or social security
8282 number; [and]
8383 (4) the name of the person making the appointment; and
8484 (5) an affidavit signed by the person making the
8585 appointment that the campaign treasurer is not ineligible for
8686 appointment under Section 252.0015.
8787 (b) A candidate or political committee that files its
8888 campaign treasurer appointment with the commission must notify the
8989 commission in writing of any change in the campaign treasurer's
9090 residence address not later than the 10th business day after the
9191 date on which the change occurs.
9292 SECTION 3. Section 252.0031(b), Election Code, is amended
9393 to read as follows:
9494 (b) The name of a specific-purpose committee for supporting
9595 or opposing a candidate for an office specified by Section
9696 252.005(1) must include the name of the candidate that the
9797 committee supports or opposes.
9898 SECTION 4. Section 252.015(c), Election Code, is amended to
9999 read as follows:
100100 (c) Sections 252.0015, 252.011, 252.012, 252.013, and
101101 252.014 apply to the appointment and removal of an assistant
102102 campaign treasurer.
103103 SECTION 5. Section 254.0401, Election Code, is amended by
104104 adding Subsection (e-2) to read as follows:
105105 (e-2) Before making a report filed under this chapter
106106 available on the Internet, the commission or authority with whom
107107 the report is filed must remove the following information:
108108 (1) the campaign treasurer's date of birth, other than
109109 year;
110110 (2) the campaign treasurer's residence address, other
111111 than city, state, and zip code; and
112112 (3) the campaign treasurer's driver's license number,
113113 state identification card number, or social security number.
114114 SECTION 6. Section 252.0011, Election Code, is repealed.
115115 SECTION 7. (a) As soon as practicable after the effective
116116 date of this Act but not later than January 1, 2026, the Texas
117117 Ethics Commission shall adopt rules necessary to implement the
118118 changes in law made by this Act.
119119 (b) The changes in law made by this Act to Chapter 252,
120120 Election Code, apply only to a campaign treasurer appointment made
121121 on or after January 1, 2026. A campaign treasurer appointment made
122122 before January 1, 2026, is governed by the law in effect on the date
123123 the appointment was made, and the former law is continued in effect
124124 for that purpose.
125125 SECTION 8. This Act takes effect September 1, 2025.