Texas 2025 - 89th Regular

Texas Senate Bill SB2045 Compare Versions

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

Old	New	Differences
1	1	89R12610 CJD-F
2	2	By: Bettencourt S.B. No. 2045
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibition of certain actions with respect to
10	10	campaign contributions and expenditures by foreign persons;
11	11	creating criminal offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 253, Election Code, is
14	14	amended by adding Section 253.0325 to read as follows:
15	15	Sec. 253.0325. PROHIBITION ON MAKING CERTAIN CONTRIBUTIONS
16	16	AND EXPENDITURES BY FOREIGN PERSONS AND RELATED ACTIVITIES. (a) In
17	17	this section, "foreign national" means:
18	18	(1) an individual who is not a United States citizen or
19	19	national;
20	20	(2) a government of a foreign country or of a political
21	21	subdivision of a foreign country;
22	22	(3) a foreign political party; and
23	23	(4) a person that is organized under the law of or has
24	24	the person's principal place of business in a foreign country.
25	25	(b) A person commits an offense if the person is a foreign
26	26	national and knowingly directly or indirectly through another
27	27	person makes:
28	28	(1) a contribution or expenditure supporting or
29	29	opposing a statewide ballot measure, regardless of whether the
30	30	ballot measure has been certified to appear on the ballot;
31	31	(2) an expenditure that directly covers the cost of
32	32	producing an electioneering communication in this state;
33	33	(3) a contribution to a candidate, candidate fund,
34	34	political committee, person authorized to make political
35	35	contributions, legislative campaign fund, political party, or
36	36	separate segregated fund that is governed by the Federal Election
37	37	Campaign Act of 1971 (52 U.S.C. Section 30101 et seq.); or
38	38	(4) an express or implied promise to make a
39	39	contribution or expenditure described by this subsection.
40	40	(c) A person commits an offense if the person knowingly:
41	41	(1) solicits or accepts money from a foreign national
42	42	to make a contribution or expenditure the foreign national is
43	43	prohibited from making under Subsection (b); or
44	44	(2) uses money from a foreign national to make a
45	45	contribution or expenditure the foreign national is prohibited from
46	46	making under Subsection (b).
47	47	(d) Except as provided by Subsection (e), an offense under
48	48	Subsection (b) or (c) is a Class A misdemeanor, except that the fine
49	49	for the offense shall be not less than the greater of:
50	50	(1) three times the amount of the contribution or
51	51	expenditure made, solicited, accepted, or promised to be made in
52	52	violation of either subsection; or
53	53	(2) $10,000.
54	54	(e) If it is shown on the trial of an offense under
55	55	Subsection (b) or (c) that a person has been previously convicted of
56	56	an offense under either subsection, the offense is a state jail
57	57	felony, except that the fine for the offense shall be not less than
58	58	the greater of:
59	59	(1) three times the amount of the contribution or
60	60	expenditure made, solicited, accepted, or promised to be made in
61	61	violation of either subsection; or
62	62	(2) $10,000.
63	63	(f) A person commits an offense if the person aids another
64	64	person, including a foreign national, in committing an offense
65	65	under this section. An offense under this subsection is a Class A
66	66	misdemeanor and punishable by a fine of not less than $1,000.
67	67	(g) In addition to the criminal penalties under this
68	68	section, a person who accepts a contribution in violation of
69	69	Subsection (c) shall return the contribution to the contributor not
70	70	later than the 10th business day after the date the contribution was
71	71	accepted. It is a defense to prosecution under Subsection (c) that
72	72	the person returned the contribution in compliance with this
73	73	subsection.
74	74	(h) With the consent of the appropriate local county or
75	75	district attorney, the attorney general has concurrent
76	76	jurisdiction with that consenting local prosecutor to prosecute an
77	77	offense under this section.
78	78	(i) The attorney general or local prosecutor, in
79	79	consultation with the secretary of state, shall investigate an
80	80	alleged violation of this section on the submission to the attorney
81	81	general or local prosecutor of:
82	82	(1) a written request by the governor, secretary of
83	83	state, or the commission; or
84	84	(2) a complaint by a registered voter to the attorney
85	85	general or local prosecutor alleging a violation of this section.
86	86	(j) If a judgment is entered against a defendant in an
87	87	action brought under this section, the attorney general or local
88	88	prosecutor may recover from the defendant reasonable expenses
89	89	incurred in bringing the action, including court costs, reasonable
90	90	attorney's fees, investigative costs, witness fees, and deposition
91	91	costs.
92	92	(k) The attorney general or local prosecutor may not
93	93	prosecute an offense under this section if the attorney general or
94	94	prosecutor:
95	95	(1) is a witness to or a suspect in the offense; or
96	96	(2) has a conflict of interest.
97	97	SECTION 2. This Act takes effect September 1, 2025.