Bill Text: TX HB18 | 2025 | 89th Legislature 2nd Special Session | Enrolled
Bill Title: Relating to a restriction on the acceptance of political contributions and the making of certain political expenditures by a member of the legislature and certain political committees during certain periods in which a member is absent from a legislative session; authorizing a civil penalty.
Sponsorship: Partisan Bill (Republican 30)
Status: (Passed) 2025-09-17 - Effective on . . . . . . . . . . . . . . . December 4, 2025 [HB18 Detail]
Download: Texas-2025-HB18-Enrolled.html
| H.B. No. 18 | ||
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| relating to a restriction on the acceptance of political | ||
| contributions and the making of certain political expenditures by a | ||
| member of the legislature and certain political committees during | ||
| certain periods in which a member is absent from a legislative | ||
| session; authorizing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 301, Government Code, is amended by | ||
| adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. PROHIBITED ACTIONS DURING IMPEDING ABSENCE | ||
| Sec. 301.101. DEFINITIONS. In this subchapter: | ||
| (1) "Impeding absence" means an unexcused absence by a | ||
| member of either house of the legislature during a legislative | ||
| session in which the member is at a location outside of this state | ||
| for purposes of impeding the actions of the member's house if: | ||
| (A) the member's house has: | ||
| (i) compelled the attendance of absent | ||
| members under Section 10, Article III, Texas Constitution; | ||
| (ii) ordered the house's sergeant-at-arms | ||
| to arrest absent members; and | ||
| (iii) issued civil warrants of arrest for | ||
| the absent members; | ||
| (B) the member has not: | ||
| (i) been granted a leave of absence by the | ||
| member's house; or | ||
| (ii) returned to the member's house; and | ||
| (C) the member: | ||
| (i) is not physically present in this | ||
| state; and | ||
| (ii) has indicated by word or deed that the | ||
| member is not present in this state. | ||
| (2) "Political contribution," "political | ||
| expenditure," and "specific-purpose committee" have the meanings | ||
| assigned by Section 251.001, Election Code. | ||
| (3) "Legislative caucus" means a legislative caucus, | ||
| as defined by Section 253.0341(e), Election Code, that also has a | ||
| principal purpose of a specific-purpose committee, as defined by | ||
| Section 251.001(13), Election Code. | ||
| Sec. 301.102. EXERCISE OF RULEMAKING POWER. This | ||
| subchapter is enacted by the legislature as an exercise of the | ||
| rulemaking power granted to each house of the legislature under | ||
| Sections 10 and 11, Article III, Texas Constitution. | ||
| Sec. 301.103. PROHIBITED ACCEPTANCE OF POLITICAL | ||
| CONTRIBUTIONS AND MAKING OF POLITICAL EXPENDITURES. | ||
| Notwithstanding any other law, a member of the legislature or a | ||
| specific-purpose committee or legislative caucus supporting or | ||
| assisting the member during an impeding absence may not knowingly: | ||
| (1) accept political contributions, and shall refuse | ||
| any political contributions received, that in the aggregate from a | ||
| single person exceed the per diem set by the Texas Ethics Commission | ||
| for each day of a regular or special legislative session under | ||
| Section 24a(e), Article III, Texas Constitution; or | ||
| (2) make a political expenditure for travel, food, or | ||
| lodging expenses in connection with the member's impeding absence. | ||
| Sec. 301.104. REQUIRED RETURN OF PROHIBITED POLITICAL | ||
| CONTRIBUTIONS. (a) A member of the legislature or a | ||
| specific-purpose committee or legislative caucus supporting or | ||
| assisting the member that receives and refuses a political | ||
| contribution or contributions in violation of this subchapter | ||
| during the member's impeding absence shall return the contribution | ||
| or contributions to the contributor not later than the fifth day | ||
| after the date of receipt. | ||
| (b) A political contribution made by United States mail or | ||
| by common or contract carrier is not considered received during an | ||
| impeding absence if the contribution was properly addressed and | ||
| placed with postage or carrier charges prepaid or prearranged in | ||
| the mail or delivered to the contract carrier before the beginning | ||
| of the absence. The date indicated by the post office cancellation | ||
| mark or the common or contract carrier documents is considered to be | ||
| the date the contribution was placed in the mail or delivered to the | ||
| common or contract carrier unless proven otherwise. | ||
| Sec. 301.105. CIVIL PENALTY. In accordance with the | ||
| procedure provided by this subchapter, a person who accepts a | ||
| political contribution or makes a political expenditure in | ||
| violation of this subchapter is subject to a civil penalty in an | ||
| amount not to exceed $5,000. For purposes of this section, each | ||
| contribution accepted and each expenditure made in violation of | ||
| this subchapter is a separate violation. | ||
| Sec. 301.106. CIVIL PENALTY: STATEMENT OF FACTS TO | ||
| PRESIDING OFFICER OF APPLICABLE LEGISLATIVE CHAMBER; CERTIFICATION | ||
| TO DISTRICT COURT. (a) If a person accepts a political | ||
| contribution or makes a political expenditure in violation of this | ||
| subchapter, a statement of facts that, if true, makes a prima facie | ||
| showing that a violation of this subchapter likely occurred may be | ||
| reported to and filed with the president of the senate or speaker of | ||
| the house of representatives by any member of the same house of the | ||
| legislature as the absent member. | ||
| (b) If the president of the senate or speaker of the house of | ||
| representatives receives a statement of facts described by | ||
| Subsection (a), the president or speaker shall certify the | ||
| statement of facts under the seal of the senate or house of | ||
| representatives, as appropriate, to the district court for the | ||
| county in which the person resided at the time of the violation. | ||
| The person's residence is determined in accordance with Section | ||
| 15.002, Civil Practice and Remedies Code, except that if a person is | ||
| a member of the legislature, that person's residence is determined | ||
| based on the county in which the person claims a residence homestead | ||
| under Chapter 41, Property Code. | ||
| Sec. 301.107. CIVIL PENALTY: DISTRICT COURT DUTIES. (a) | ||
| The district court to which a statement of facts is certified under | ||
| Section 301.106(b) shall, not later than 72 hours after the court | ||
| receives the statement and without any intervention, pleading, or | ||
| motion, enter an order that: | ||
| (1) provides a person who is the subject of the | ||
| statement notice of the allegations; and | ||
| (2) directs the person to show cause why the conduct in | ||
| which the person is alleged to have engaged does not constitute a | ||
| violation of this subchapter. | ||
| (b) After a hearing at which the house of the legislature | ||
| that originated a statement of facts certified under Section | ||
| 301.106(b) and the person who is the subject of the statement are | ||
| heard, the district court shall: | ||
| (1) determine whether the person accepted a political | ||
| contribution or made a political expenditure in violation of this | ||
| subchapter; and | ||
| (2) if the court determines that a violation occurred, | ||
| impose a civil penalty under Section 301.105. | ||
| Sec. 301.108. CIVIL PENALTY: APPEAL AND PROHIBITED | ||
| CONTINUANCE. (a) The Fifteenth Court of Appeals has exclusive | ||
| intermediate appellate jurisdiction over a matter arising out of or | ||
| related to a proceeding under this subchapter. | ||
| (b) Section 30.003, Civil Practice and Remedies Code, does | ||
| not apply to a proceeding under this subchapter. | ||
| SECTION 2. Subchapter G, Chapter 301, Government Code, as | ||
| added by this Act, applies only to a political contribution | ||
| accepted or a political expenditure made on or after the effective | ||
| date of this Act. | ||
| SECTION 3. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 18 was passed by the House on | ||
| September 2, 2025, by the following vote: Yeas 86, Nays 46, 1 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 18 was passed by the Senate on | ||
| September 3, 2025, by the following vote: Yeas 18, Nays 8. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
