Bill Text: TX HB38 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the duties of nonprofit corporations regarding certain contributions and the disclosure of information relating to those contributions in certain campaign finance reports.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2015-03-25 - Left pending in committee [HB38 Detail]

Download: Texas-2015-HB38-Introduced.html

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84R8580 EES-F
By: Cook H.B. No. 38

A BILL TO BE ENTITLED
AN ACT
relating to the duties of nonprofit corporations regarding certain
contributions and the disclosure of information relating to those
contributions in certain campaign finance reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 22,
Business Organizations Code, is amended to read as follows:
SUBCHAPTER B. PURPOSES, [AND] POWERS, AND DUTIES
SECTION 2. Subchapter B, Chapter 22, Business Organizations
Code, is amended by adding Section 22.057 to read as follows:
Sec. 22.057. RESTRICTED USE OF CERTAIN CONTRIBUTIONS TO
CORPORATIONS. (a) In this section, "contribution," "political
contribution," and "political expenditure" have the meanings
assigned by Section 251.001, Election Code.
(b) A corporation may not make a political contribution or
political expenditure from a contribution made to the corporation
by a person who informs the corporation at the time that the person
makes the contribution that the person does not want the
contribution to be used by the corporation to make a political
contribution or political expenditure.
(c) A corporation that is required to file a report under
Chapter 254, Election Code, and that solicits contributions by
written request or on an Internet website must include in the
request or on the website:
(1) a statement that a person who contributes to the
corporation may opt out of allowing the corporation to use the
person's contribution to make a political contribution or political
expenditure; and
(2) a box to check or a statement to sign by a person
making a contribution to indicate that the person does not want the
contribution to be used by the corporation to make a political
contribution or political expenditure.
(d) A corporation that is required to file a report under
Chapter 254, Election Code, and that solicits contributions orally
must provide to a person before accepting from the person a
contribution in the amount of $500 or more a written declaration
that includes:
(1) a statement that a person who contributes to the
corporation may opt out of allowing the corporation to use the
person's contribution to make a political contribution or political
expenditure; and
(2) a box to check or a statement to sign by the person
making the contribution to indicate that the person does not want
the contribution to be used by the corporation to make a political
contribution or political expenditure.
SECTION 3. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.044 to read as follows:
Sec. 254.044. DISCLOSURE OF CERTAIN INFORMATION NOT
ALLOWED. Notwithstanding any other law, a nonprofit corporation
organized under Chapter 22, Business Organizations Code, or a
comparable law of another state, that is required to disclose
information in a report required by this chapter is not required to
disclose in the report information regarding a contribution that a
person opts out of allowing the nonprofit corporation to use to make
a political contribution or political expenditure as provided by
Section 22.057, Business Organizations Code.
SECTION 4. This Act takes effect September 1, 2015.