1 | 1 | | 89R9262 CJD-F |
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2 | 2 | | By: Darby H.B. No. 5111 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation of campaign treasurer appointments and |
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10 | 10 | | related matters and the content of and posting of information |
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11 | 11 | | contained in a campaign treasurer appointment; providing a civil |
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12 | 12 | | penalty. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Chapter 252, Election Code, is amended by adding |
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15 | 15 | | Section 252.0015 to read as follows: |
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16 | 16 | | Sec. 252.0015. CAMPAIGN TREASURER APPOINTMENT ELIGIBILITY. |
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17 | 17 | | (a) Except as provided by Subsection (b), a person is eligible for |
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18 | 18 | | appointment as a campaign treasurer if the person is: |
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19 | 19 | | (1) 18 years of age or older; and |
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20 | 20 | | (2) a legal resident of this state. |
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21 | 21 | | (b) A person is not eligible for appointment as a campaign |
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22 | 22 | | treasurer if: |
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23 | 23 | | (1) the person is currently the campaign treasurer for |
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24 | 24 | | a candidate or political committee; |
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25 | 25 | | (2) the person has been convicted of an offense under |
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26 | 26 | | Chapter 276; |
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27 | 27 | | (3) the commission has made a determination during the |
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28 | 28 | | five-year period preceding the date of the person's appointment |
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29 | 29 | | that the person committed a Category One violation or a Category Two |
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30 | 30 | | violation, as those terms are defined by Section 571.1211, |
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31 | 31 | | Government Code; |
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32 | 32 | | (4) the person is required to register as a lobbyist |
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33 | 33 | | under Chapter 305, Government Code; |
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34 | 34 | | (5) the person is an employee of or contracted by a |
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35 | 35 | | political committee; or |
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36 | 36 | | (6) the person is a candidate and the appointment is |
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37 | 37 | | for a political committee. |
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38 | 38 | | (c) For purposes of this title, a candidate or political |
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39 | 39 | | committee that appoints a person as a campaign treasurer who is |
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40 | 40 | | ineligible for appointment under Subsection (b) at the time of |
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41 | 41 | | appointment is considered to not have a campaign treasurer |
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42 | 42 | | appointment in effect. |
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43 | 43 | | (d) If the commission receives notice that a candidate's or |
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44 | 44 | | political committee's campaign treasurer was ineligible under |
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45 | 45 | | Subsection (b) at the time of the appointment or became ineligible |
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46 | 46 | | under that subsection after the appointment, the commission shall |
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47 | 47 | | conduct an investigation to determine whether the campaign |
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48 | 48 | | treasurer is ineligible for appointment. If the commission |
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49 | 49 | | determines that a campaign treasurer is ineligible for appointment, |
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50 | 50 | | the commission shall provide notice of that determination to the |
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51 | 51 | | campaign treasurer and the candidate or political committee as soon |
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52 | 52 | | as practicable after making the determination. |
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53 | 53 | | (e) A candidate or political committee shall appoint a new |
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54 | 54 | | campaign treasurer as provided by this chapter not later than the |
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55 | 55 | | 14th business day after the date: |
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56 | 56 | | (1) the candidate or political committee becomes aware |
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57 | 57 | | that the candidate's or political committee's campaign treasurer |
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58 | 58 | | became ineligible under Subsection (b) after the appointment; or |
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59 | 59 | | (2) the candidate or political committee receives |
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60 | 60 | | notice under Subsection (d) that the candidate's or political |
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61 | 61 | | committee's campaign treasurer is ineligible. |
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62 | 62 | | (f) A candidate or political committee that violates this |
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63 | 63 | | section is liable for a civil penalty in an amount not to exceed |
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64 | 64 | | three times the amount of political contributions the candidate or |
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65 | 65 | | political committee accepted during the period the candidate or |
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66 | 66 | | political committee was in violation of this section. |
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67 | 67 | | (g) Subsections (b)(2), (3), (4), and (5) do not apply to a |
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68 | 68 | | person who is a candidate and who appoints the person as the |
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69 | 69 | | person's own campaign treasurer under Section 252.004. |
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70 | 70 | | SECTION 2. Section 252.002, Election Code, is amended to |
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71 | 71 | | read as follows: |
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72 | 72 | | Sec. 252.002. CONTENTS OF APPOINTMENT. (a) A campaign |
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73 | 73 | | treasurer appointment must be in writing and include: |
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74 | 74 | | (1) the campaign treasurer's name; |
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75 | 75 | | (1-a) the campaign treasurer's date of birth; |
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76 | 76 | | (2) the campaign treasurer's residence [or business |
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77 | 77 | | street] address; |
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78 | 78 | | (3) the campaign treasurer's telephone number and |
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79 | 79 | | e-mail address; |
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80 | 80 | | (3-a) the campaign treasurer's driver's license |
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81 | 81 | | number, state identification card number, or social security |
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82 | 82 | | number; [and] |
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83 | 83 | | (4) the name of the person making the appointment; and |
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84 | 84 | | (5) an affidavit signed by the person making the |
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85 | 85 | | appointment that the campaign treasurer is not ineligible for |
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86 | 86 | | appointment under Section 252.0015. |
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87 | 87 | | (b) A candidate or political committee that files its |
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88 | 88 | | campaign treasurer appointment with the commission must notify the |
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89 | 89 | | commission in writing of any change in the campaign treasurer's |
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90 | 90 | | residence address not later than the 10th business day after the |
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91 | 91 | | date on which the change occurs. |
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92 | 92 | | SECTION 3. Section 252.0031(b), Election Code, is amended |
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93 | 93 | | to read as follows: |
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94 | 94 | | (b) The name of a specific-purpose committee for supporting |
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95 | 95 | | or opposing a candidate for an office specified by Section |
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96 | 96 | | 252.005(1) must include the name of the candidate that the |
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97 | 97 | | committee supports or opposes. |
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98 | 98 | | SECTION 4. Section 252.015(c), Election Code, is amended to |
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99 | 99 | | read as follows: |
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100 | 100 | | (c) Sections 252.0015, 252.011, 252.012, 252.013, and |
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101 | 101 | | 252.014 apply to the appointment and removal of an assistant |
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102 | 102 | | campaign treasurer. |
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103 | 103 | | SECTION 5. Section 254.0401, Election Code, is amended by |
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104 | 104 | | adding Subsection (e-2) to read as follows: |
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105 | 105 | | (e-2) Before making a report filed under this chapter |
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106 | 106 | | available on the Internet, the commission or authority with whom |
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107 | 107 | | the report is filed must remove the following information: |
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108 | 108 | | (1) the campaign treasurer's date of birth, other than |
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109 | 109 | | year; |
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110 | 110 | | (2) the campaign treasurer's residence address, other |
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111 | 111 | | than city, state, and zip code; and |
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112 | 112 | | (3) the campaign treasurer's driver's license number, |
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113 | 113 | | state identification card number, or social security number. |
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114 | 114 | | SECTION 6. Section 252.0011, Election Code, is repealed. |
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115 | 115 | | SECTION 7. (a) As soon as practicable after the effective |
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116 | 116 | | date of this Act but not later than January 1, 2026, the Texas |
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117 | 117 | | Ethics Commission shall adopt rules necessary to implement the |
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118 | 118 | | changes in law made by this Act. |
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119 | 119 | | (b) The changes in law made by this Act to Chapter 252, |
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120 | 120 | | Election Code, apply only to a campaign treasurer appointment made |
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121 | 121 | | on or after January 1, 2026. A campaign treasurer appointment made |
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122 | 122 | | before January 1, 2026, is governed by the law in effect on the date |
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123 | 123 | | the appointment was made, and the former law is continued in effect |
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124 | 124 | | for that purpose. |
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125 | 125 | | SECTION 8. This Act takes effect September 1, 2025. |
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