Bill Text: TX HB4290 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 4290

Introduced

Bill Title: Relating to restrictions on political contributions by out-of-state contributors; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to Elections [HB4290 Detail]

Download: Texas-2023-HB4290-Introduced.html

	88R10743 CJD-D

	By: Schofield	H.B. No. 4290



	A BILL TO BE ENTITLED
	AN ACT
	relating to restrictions on political contributions by
	out-of-state contributors; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 253, Election Code, is
	amended by adding Section 253.044 to read as follows:
	Sec. 253.044. POLITICAL CONTRIBUTION LIMITS RELATED TO
	OUT-OF-STATE CONTRIBUTORS; CRIMINAL OFFENSE. (a) In this section,
	"out-of-state contributor" means:
	(1) a person with a principal address that is located
	outside this state who makes a political contribution;
	(2) a political committee that, during the preceding
	reporting period under Chapter 254, accepted political
	contributions from persons described by Subdivision (1) in an
	amount equal to or greater than 50 percent of the overall
	contributions accepted by the committee during that reporting
	period; and
	(3) an out-of-state political committee.
	(b) A candidate, an officeholder, or a political committee
	for supporting or opposing a measure may not knowingly accept, for
	an election in which the candidate's or officeholder's name or the
	measure appears on the ballot, as applicable:
	(1) a political contribution from an out-of-state
	contributor in an amount that exceeds $1,000; or
	(2) political contributions from multiple
	out-of-state contributors that in the aggregate exceed $10,000.
	(c) An out-of-state contributor may not make:
	(1) a political contribution to a candidate, an
	officeholder, or a political committee for supporting or opposing a
	measure, for an election in which the candidate's or officeholder's
	name or the measure appears on the ballot, as applicable, in an
	amount that exceeds $1,000; or
	(2) political contributions from multiple
	out-of-state contributors that in the aggregate exceed $10,000.
	(d) A person who accepts a political contribution in
	violation of Subsection (b) shall return the contribution to the
	out-of-state contributor not later than the later of:
	(1) the last day of the reporting period under Chapter
	254 during which the contribution was accepted; or
	(2) the fifth day after the date the contribution was
	accepted.
	(e) In addition to returning the political contribution
	under Subsection (d), a person who accepts a political contribution
	in violation of Subsection (b) must:
	(1) if the person is a candidate or officeholder,
	remit an amount equal to the contribution to each opponent of the
	candidate or officeholder in the election for which the
	contribution was made or, if the candidate or officeholder was
	unopposed in the election or the election has been held, the county
	executive committee for each opposing political party of the county
	in which the candidate or officeholder resides; or
	(2) if the person is a political committee, remit an
	amount equal to the contribution to a political committee that
	holds the opposite position on the measure for which the
	contribution was made or, if there is no political committee that
	holds the opposite position or the election on the measure has been
	held, the county executive committee for each political party that
	held the opposite position on the measure of the county in which the
	political committee primarily operates.
	(f) A person required to remit a political contribution
	under Subsection (e) to a county executive committee shall remit
	the contribution not later than the 30th day after the date of the
	election for which the contribution was made.
	(g) An out-of-state contributor who makes a political
	contribution in violation of Subsection (c) or a person who fails to
	return or remit a political contribution in violation of Subsection
	(d) or (e) commits an offense. An offense under this subsection is
	a felony of the third degree.
	(h) To the extent of a conflict between this section and
	another law, this section controls.
	(i) The commission shall adopt rules as necessary to
	implement this section.
	SECTION 2. Section 253.044, Election Code, as added by this
	Act, applies only to a political contribution made on or after the
	effective date of this Act. A contribution made before the
	effective date of this Act is governed by the law in effect when the
	contribution was made and is not aggregated with contributions made
	on or after that date.
	SECTION 3. This Act takes effect September 1, 2023.