89R12610 CJD-F
By: Bettencourt S.B. No. 2045
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of certain actions with respect to
campaign contributions and expenditures by foreign persons;
creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 253, Election Code, is
amended by adding Section 253.0325 to read as follows:
Sec. 253.0325. PROHIBITION ON MAKING CERTAIN CONTRIBUTIONS
AND EXPENDITURES BY FOREIGN PERSONS AND RELATED ACTIVITIES. (a) In
this section, "foreign national" means:
(1) an individual who is not a United States citizen or
national;
(2) a government of a foreign country or of a political
subdivision of a foreign country;
(3) a foreign political party; and
(4) a person that is organized under the law of or has
the person's principal place of business in a foreign country.
(b) A person commits an offense if the person is a foreign
national and knowingly directly or indirectly through another
person makes:
(1) a contribution or expenditure supporting or
opposing a statewide ballot measure, regardless of whether the
ballot measure has been certified to appear on the ballot;
(2) an expenditure that directly covers the cost of
producing an electioneering communication in this state;
(3) a contribution to a candidate, candidate fund,
political committee, person authorized to make political
contributions, legislative campaign fund, political party, or
separate segregated fund that is governed by the Federal Election
Campaign Act of 1971 (52 U.S.C. Section 30101 et seq.); or
(4) an express or implied promise to make a
contribution or expenditure described by this subsection.
(c) A person commits an offense if the person knowingly:
(1) solicits or accepts money from a foreign national
to make a contribution or expenditure the foreign national is
prohibited from making under Subsection (b); or
(2) uses money from a foreign national to make a
contribution or expenditure the foreign national is prohibited from
making under Subsection (b).
(d) Except as provided by Subsection (e), an offense under
Subsection (b) or (c) is a Class A misdemeanor, except that the fine
for the offense shall be not less than the greater of:
(1) three times the amount of the contribution or
expenditure made, solicited, accepted, or promised to be made in
violation of either subsection; or
(2) $10,000.
(e) If it is shown on the trial of an offense under
Subsection (b) or (c) that a person has been previously convicted of
an offense under either subsection, the offense is a state jail
felony, except that the fine for the offense shall be not less than
the greater of:
(1) three times the amount of the contribution or
expenditure made, solicited, accepted, or promised to be made in
violation of either subsection; or
(2) $10,000.
(f) A person commits an offense if the person aids another
person, including a foreign national, in committing an offense
under this section. An offense under this subsection is a Class A
misdemeanor and punishable by a fine of not less than $1,000.
(g) In addition to the criminal penalties under this
section, a person who accepts a contribution in violation of
Subsection (c) shall return the contribution to the contributor not
later than the 10th business day after the date the contribution was
accepted. It is a defense to prosecution under Subsection (c) that
the person returned the contribution in compliance with this
subsection.
(h) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section.
(i) The attorney general or local prosecutor, in
consultation with the secretary of state, shall investigate an
alleged violation of this section on the submission to the attorney
general or local prosecutor of:
(1) a written request by the governor, secretary of
state, or the commission; or
(2) a complaint by a registered voter to the attorney
general or local prosecutor alleging a violation of this section.
(j) If a judgment is entered against a defendant in an
action brought under this section, the attorney general or local
prosecutor may recover from the defendant reasonable expenses
incurred in bringing the action, including court costs, reasonable
attorney's fees, investigative costs, witness fees, and deposition
costs.
(k) The attorney general or local prosecutor may not
prosecute an offense under this section if the attorney general or
prosecutor:
(1) is a witness to or a suspect in the offense; or
(2) has a conflict of interest.
SECTION 2. This Act takes effect September 1, 2025.