Bill Text: TX HB37 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the reporting of certain contributions and political expenditures by certain persons; adding provisions subject to a criminal penalty.
Spectrum: Slight Partisan Bill (Republican 74-41)
Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB37 Detail]
Download: Texas-2015-HB37-Comm_Sub.html
84R23659 EES-D | |||
By: Cook, Geren, Harless | H.B. No. 37 | ||
Substitute the following for H.B. No. 37: | |||
By: Harless | C.S.H.B. No. 37 |
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relating to the reporting of certain contributions and political | ||
expenditures by certain persons; adding provisions subject to a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 254.261, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) This section does not apply to a person to whom | ||
Subchapter K applies. | ||
SECTION 2. Chapter 254, Election Code, is amended by adding | ||
Subchapter K to read as follows: | ||
SUBCHAPTER K. REPORTING BY CERTAIN PERSONS WHO ARE NOT POLITICAL | ||
COMMITTEES | ||
Sec. 254.281. DEFINITIONS. In this subchapter: | ||
(1) "Contribution" has the meaning assigned by Section | ||
251.001 and includes dues and gifts, except that the term does not | ||
include a commercial transaction involving the transfer for | ||
consideration of anything of value pursuant to a contract or | ||
agreement that reflects the usual and normal business practice of | ||
an industry. | ||
(2) "Contribution in connection with campaign | ||
activity" means a contribution from a donor to a person or group | ||
that, at the time that the donor makes the contribution, the donor | ||
knows or has reason to know may be used to make a political | ||
contribution or political expenditure or may be commingled with | ||
other funds used to make a political contribution or political | ||
expenditure. A donor who signs a statement indicating that the | ||
donor's contribution to the person or group may not be used to make | ||
a political contribution or political expenditure does not have | ||
reason to know that the donor's contribution may be used to make a | ||
political contribution or political expenditure. | ||
(3) "Donor" means a person who makes a contribution to | ||
a person or group to whom this subchapter applies, regardless of | ||
whether the person making the contribution is a member of the person | ||
or group that accepts the contribution. | ||
Sec. 254.282. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to a person or group that: | ||
(1) is not a political committee; | ||
(2) accepts one or more contributions in connection | ||
with campaign activity from a person that in the aggregate exceed | ||
$2,000 during a reporting period; and | ||
(3) makes one or more political expenditures, | ||
excluding expenditures authorized by Sections 253.098, 253.099, | ||
253.100, and 253.104, that in the aggregate exceed $25,000 during a | ||
calendar year. | ||
Sec. 254.283. REPORTING REQUIREMENTS. (a) Except as | ||
otherwise provided by this subchapter, a person or group shall | ||
comply with this chapter as if the person or group were the campaign | ||
treasurer of a general-purpose committee that does not file monthly | ||
reports under Section 254.155. | ||
(b) A person or group is not required to file a campaign | ||
treasurer appointment for accepting contributions or making | ||
political expenditures for which reporting is required under this | ||
subchapter, unless the person or group is otherwise required to | ||
file a campaign treasurer appointment under this title. | ||
(c) A person or group is not required to file a report under | ||
this subchapter if: | ||
(1) the person or group is required to disclose the | ||
contributions and political expenditures in another report | ||
required under this title within the time applicable under this | ||
subchapter for reporting the contributions and political | ||
expenditures; or | ||
(2) no reportable activity occurs during the reporting | ||
period. | ||
Sec. 254.284. CONTENTS OF REPORT. (a) Disclosure of a | ||
contribution as provided by Sections 254.031 and 254.151 is | ||
required in a report under this subchapter only if: | ||
(1) the contribution is a contribution in connection | ||
with campaign activity; and | ||
(2) the aggregate amount of contributions in | ||
connection with campaign activity accepted from a person exceeds | ||
$2,000 during the reporting period. | ||
(b) A report required under this subchapter is not required | ||
to include: | ||
(1) any contributions accepted by the person or group | ||
that are not contributions in connection with campaign activity; | ||
(2) the total amount of unitemized political | ||
contributions accepted by the person or group; | ||
(3) the total amount of political contributions | ||
maintained by the person or group; | ||
(4) any expenditures made by the person or group that | ||
are not political expenditures; | ||
(5) the total amount of unitemized political | ||
expenditures made by the person or group; or | ||
(6) the principal amount of all of the person's or | ||
group's outstanding loans. | ||
(c) The first report required to be filed in a calendar year | ||
in which the $2,000 or $25,000 threshold under Section 254.282 is | ||
exceeded must include all contributions in connection with campaign | ||
activity accepted from a person that in the aggregate exceed $2,000 | ||
and all political expenditures made in the 12 months immediately | ||
preceding the acceptance of the contribution in connection with | ||
campaign activity or the making of the political expenditure that | ||
triggers the reporting requirements of this subchapter and not | ||
previously reported as required under this subchapter. | ||
Sec. 254.285. NONREPORTABLE PERSONAL TRAVEL EXPENSE. A | ||
contribution consisting of personal travel expense incurred by an | ||
individual is not required to be reported under this subchapter if | ||
the individual receives no reimbursement for the expense. | ||
Sec. 254.286. NONREPORTABLE PERSONAL SERVICE. A | ||
contribution consisting of an individual's personal service is not | ||
required to be reported under this subchapter if the individual | ||
receives no compensation for the service. | ||
SECTION 3. Subchapter K, Chapter 254, Election Code, as | ||
added by this Act, applies only to the reporting of a contribution | ||
in connection with campaign activity or political expenditure made | ||
on or after the effective date of this Act. A contribution or | ||
expenditure made before the effective date of this Act is governed | ||
by the law in effect when the contribution or expenditure was made, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |