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


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.

Spectrum: Partisan Bill (Republican 3-0)

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

Download: Texas-2015-HB38-Introduced.html
  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.
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