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A BILL TO BE ENTITLED
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AN ACT
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relating to political contributions and political expenditures |
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made to or by political committees or other persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.001, Election Code, is amended by |
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amending Subdivisions (8) and (12) and adding Subdivision (21) to |
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read as follows: |
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(8) "Direct campaign expenditure" means a campaign |
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expenditure that does not constitute a campaign contribution by the |
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person making the expenditure. A campaign expenditure does not |
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constitute a contribution by the person making the expenditure to a |
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candidate or officeholder if the expenditure is made without the |
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prior consent or approval of the candidate or officeholder on whose |
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behalf the expenditure is made. A campaign expenditure made in |
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connection with a measure does not constitute a contribution by the |
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person making the expenditure if it is not made as a political |
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contribution to a political committee supporting or opposing the |
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measure. |
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(12) "Political committee" means two or more [a group
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of] persons acting in concert with [that has as] a principal purpose |
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of accepting political contributions or making political |
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expenditures. The term does not include a group composed |
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exclusively of two or more individual filers or political |
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committees required to file reports under this title who make |
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reportable expenditures for a joint activity. |
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(21) "In-kind contribution" means a contribution of |
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goods, services, or any other thing of value that is not money, and |
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includes an agreement made or other obligation incurred, whether |
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legally enforceable or not, to make the contribution. The term does |
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not include a direct campaign expenditure. |
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SECTION 2. Subchapter A, Chapter 251, Election Code, is |
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amended by adding Sections 251.0015 and 251.0016 to read as |
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follows: |
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Sec. 251.0015. COMMUNICATION WITH CANDIDATE. For purposes |
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of Section 251.001(8), communication between a person and a |
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candidate, officeholder, or candidate's or officeholder's agent is |
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not evidence that the person obtained the candidate's or |
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officeholder's consent or approval for a campaign expenditure made |
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after the communication by the person on behalf of the candidate or |
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officeholder unless the communication establishes that: |
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(1) the expenditure is incurred at the request or |
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suggestion of the candidate, officeholder, or candidate's or |
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officeholder's agent; |
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(2) the candidate, officeholder, or candidate's or |
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officeholder's agent is materially involved in decisions regarding |
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the creation, production, or distribution of a campaign |
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communication related to the expenditure; or |
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(3) the candidate, officeholder, or candidate's or |
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officeholder's agent shares information about the candidate's or |
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officeholder's plans or needs that is: |
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(A) material to the creation, production, or |
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distribution of a campaign communication related to the |
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expenditure; and |
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(B) not available to the public. |
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Sec. 251.0016. COMMON VENDOR. A person using the same |
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vendor as a candidate, officeholder, or political committee |
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established or controlled by a candidate or officeholder is not |
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acting in concert with the candidate, officeholder, or committee to |
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make a campaign expenditure unless the person makes the expenditure |
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using information from the vendor about the campaign plans or needs |
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of the candidate, officeholder, or committee that is: |
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(1) material to the expenditure; and |
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(2) not available to the public. |
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SECTION 3. Section 252.003, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) In addition to the information required by Section |
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252.002, a campaign treasurer appointment by a general-purpose |
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committee must include: |
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(1) the full name, and any acronym of the name that |
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will be used in the name of the committee as provided by Subsection |
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(d), of each corporation, labor organization, or other association |
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or legal entity that directly establishes, administers, or controls |
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the committee, if applicable, or the name of each person who |
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determines to whom the committee makes contributions or the name of |
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each person who determines for what purposes the committee makes |
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expenditures; |
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(2) the full name and address of each general-purpose |
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committee to whom the committee intends to make political |
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contributions; [and] |
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(3) the name of the committee and, if the name is an |
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acronym, the words the acronym represents; and |
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(4) before the committee may use a political |
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contribution from a corporation or a labor organization to make a |
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direct campaign expenditure in connection with a campaign for an |
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elective office, an affidavit stating that: |
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(A) the committee is not established or |
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controlled by a candidate or an officeholder; and |
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(B) the committee will not use any political |
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contribution from a corporation or a labor organization to make a |
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political contribution to: |
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(i) a candidate for elective office; |
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(ii) an officeholder; or |
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(iii) a political committee that has not |
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filed an affidavit under this subdivision or Section |
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252.0031(a)(2). |
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(a-1) Filing an affidavit under Subsection (a)(4) does not |
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create any additional reporting requirements under Section |
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254.261. |
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SECTION 4. Section 252.0031, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) In addition to the information required by Section |
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252.002, a campaign treasurer appointment by a specific-purpose |
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committee for supporting or opposing a candidate for an office |
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specified by Section 252.005(1) must include: |
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(1) the name of and the office sought by the candidate; |
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and |
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(2) before the committee may use a political |
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contribution from a corporation or a labor organization to make a |
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direct campaign expenditure in connection with a campaign for an |
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elective office, an affidavit stating that: |
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(A) the committee is not established or |
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controlled by a candidate or an officeholder; and |
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(B) the committee will not use any political |
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contribution from a corporation or a labor organization to make a |
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political contribution to: |
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(i) a candidate for elective office; |
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(ii) an officeholder; or |
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(iii) a political committee that has not |
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filed an affidavit under this subdivision or Section 252.003(a)(4). |
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(a-1) If the [that] information required to be provided |
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under Subsection (a) changes, the committee shall immediately file |
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an amended appointment reflecting the change. |
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(a-2) Filing an affidavit under Subsection (a)(2) does not |
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create any additional reporting requirements under Section |
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254.261. |
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SECTION 5. Subchapter D, Chapter 253, Election Code, is |
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amended by adding Section 253.097 to read as follows: |
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Sec. 253.097. CONTRIBUTION FROM CORPORATION OR LABOR |
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ORGANIZATION. A corporation or labor organization may make |
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campaign contributions from its own property to a political |
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committee that has filed an affidavit with the committee's campaign |
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treasurer appointment in accordance with Section 252.003(a)(4) or |
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252.0031(a)(2). |
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SECTION 6. Sections 253.100(a) and (e), Election Code, are |
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amended to read as follows: |
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(a) A corporation, acting alone or with one or more other |
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corporations, may make one or more political expenditures to |
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finance the establishment or administration of a general-purpose |
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committee. In addition to any other expenditure that is considered |
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permissible under this section, a corporation may make an |
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expenditure for the maintenance and operation of a general-purpose |
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committee, including an expenditure for: |
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(1) office space maintenance and repairs; |
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(2) telephone and Internet services; |
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(3) office equipment; |
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(4) utilities; |
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(5) general office and meeting supplies; |
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(6) salaries for routine clerical, data entry, and |
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administrative assistance necessary for the proper administrative |
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operation of the committee; |
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(7) legal and accounting fees for the committee's |
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compliance with this title; |
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(8) routine administrative expenses incurred in |
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establishing and administering a general-purpose political |
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committee; |
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(9) management and supervision of the committee, |
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including expenses incurred in holding meetings of the committee's |
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governing body to interview candidates and make endorsements |
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relating to the committee's support; |
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(10) the recording of committee decisions; |
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(11) expenses incurred in hosting candidate forums in |
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which all candidates for a particular office in an election are |
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invited to participate on the same terms; [or] |
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(12) expenses incurred in preparing and delivering |
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committee contributions; or |
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(13) creation and maintenance of the committee's |
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public Internet web pages that do not contain political |
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advertising. |
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(e) Subsection (d) does not apply to a corporation or labor |
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organization making a campaign contribution to a political |
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committee under Section 253.097 or an expenditure to communicate |
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with its stockholders or members, as applicable, or with the |
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families of its stockholders or members as provided by Section |
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253.098. |
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SECTION 7. Section 253.101, Election Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Subsection (a) does not prohibit a political |
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committee from making a political contribution or political |
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expenditure wholly or partly from a campaign contribution made by a |
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corporation or labor organization to the political committee under |
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Section 253.096 or 253.097. |
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SECTION 8. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 9. This Act takes effect September 1, 2019. |