By Uher H.B. No. 2436
76R8318 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures for and access to reports of political
1-3 contributions and expenditures; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 251, Election Code, is
1-6 amended by adding Section 251.031 to read as follows:
1-7 Sec. 251.031. INDEX OF REPORTS; PUBLICATIONS. (a) The
1-8 commission shall:
1-9 (1) maintain separate indexes of reports filed with
1-10 the commission by candidates, officeholders, and political
1-11 committees under this title, publish the indexes regularly, and
1-12 make the indexes available for purchase; and
1-13 (2) produce and distribute a general index explaining
1-14 the types and location of records under this title that are
1-15 available for public use.
1-16 (b) The commission shall make information from the indexes
1-17 available by electronic means as provided for reports under Section
1-18 254.0401.
1-19 (c) The commission shall periodically publish a list of
1-20 candidates, officeholders, and political committees required to
1-21 file reports with the commission under this title that have failed
1-22 to do so.
1-23 (d) The commission shall annually publish a report
1-24 summarizing information contained in reports filed with the
2-1 commission under this title.
2-2 SECTION 2. Section 254.036, Election Code, is amended to
2-3 read as follows:
2-4 Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
2-5 (a) Each report filed under this chapter with an authority other
2-6 than the commission must be on a form prescribed by the commission
2-7 and must be written in black ink or typed with black typewriter
2-8 ribbon unless the report is a computer printout. If the report is
2-9 a computer printout, the printout must conform to the same format
2-10 and paper size as the form prescribed by the commission.
2-11 (b) Except as provided by Subsection (c), (d), (e), (f), or
2-12 (g), each report filed under this chapter with the commission must
2-13 be filed by computer diskette, modem, or other means of electronic
2-14 transfer, using computer software provided by the commission or
2-15 computer software that meets commission specifications for a
2-16 standard file format.
2-17 (c) A candidate who is required to file reports with the
2-18 commission may file reports that comply with Subsection (a) if the
2-19 candidate does not intend to accept political contributions that in
2-20 the aggregate exceed $50,000 or to make political expenditures that
2-21 in the aggregate exceed $50,000 in connection with the election.
2-22 The amount of a filing fee paid by a candidate is excluded from the
2-23 $50,000 maximum expenditure permitted under this subsection. A
2-24 candidate who exceeds $50,000 in political contributions or
2-25 political expenditures in connection with the election shall file
2-26 reports as required by Subsection (b). To be entitled to file
2-27 reports under this subsection, a candidate must file with the
3-1 campaign treasurer appointment a written declaration of intent not
3-2 to exceed $50,000 in political contributions or political
3-3 expenditures in connection with the election. The declaration of
3-4 intent must contain a statement that the candidate understands that
3-5 if the $50,000 maximum for political contributions or political
3-6 expenditures is exceeded, the candidate is required to file reports
3-7 under Subsection (b).
3-8 (d) An officeholder who is required to file reports with the
3-9 commission may file reports that comply with Subsection (a) if the
3-10 officeholder does not intend to accept political contributions that
3-11 in the aggregate exceed $50,000 or to make political expenditures
3-12 that in the aggregate exceed $50,000 in a reporting period under
3-13 Section 254.093. An officeholder who exceeds $50,000 in political
3-14 contributions or political expenditures in a reporting period shall
3-15 file reports as required by Subsection (b). To be entitled to file
3-16 reports under this subsection, an officeholder must file with the
3-17 commission a written declaration of intent not to exceed $50,000 in
3-18 political contributions or political expenditures in a reporting
3-19 period. The declaration of intent must be filed not later than the
3-20 first day of the first reporting period to which it is intended to
3-21 apply and must contain a statement that the officeholder
3-22 understands that if the $50,000 maximum for political contributions
3-23 or political expenditures is exceeded, the officeholder is required
3-24 to file reports under Subsection (b).
3-25 (e) A candidate, officeholder, or political committee that
3-26 is required to file reports with the commission may file reports
3-27 that comply with Subsection (a) if the candidate, officeholder, or
4-1 campaign treasurer of the committee files with the commission an
4-2 affidavit stating that the candidate, officeholder, or committee or
4-3 an agent of the candidate, officeholder, or committee does not use
4-4 computer equipment to solicit or acknowledge political
4-5 contributions or to keep records of political contributions,
4-6 political expenditures, or persons making political contributions
4-7 to the candidate, officeholder, or committee. An affidavit under
4-8 this subsection must be filed with each report filed under
4-9 Subsection (a). The affidavit must include a statement that the
4-10 candidate, officeholder, or political committee understands that if
4-11 the candidate, officeholder, or committee or an agent of the
4-12 candidate, officeholder, or committee uses computer equipment for a
4-13 purpose described by this subsection, the candidate, officeholder,
4-14 or committee is required to file reports under Subsection (b).
4-15 (f) A candidate for an office described by Section
4-16 252.005(5) or a specific-purpose committee for supporting or
4-17 opposing only candidates for an office described by Section
4-18 252.005(5) or a measure described by Section 252.007(5) may file
4-19 reports that comply with Subsection (a).
4-20 (g) An individual required to file a report with the
4-21 commission in connection with a direct campaign expenditure to
4-22 which Section 253.062 applies may file a report that complies with
4-23 Subsection (a).
4-24 (h) Each report filed under this chapter must be accompanied
4-25 by an affidavit executed by the person required to file the report.
4-26 The affidavit must contain the statement: "I swear, or affirm,
4-27 under penalty of perjury, that the accompanying report is true and
5-1 correct and includes all information required to be reported by me
5-2 under Title 15, Election Code." A report filed under this chapter
5-3 is considered to be under oath by the person required to file the
5-4 report, and the person is subject to prosecution under Chapter 37,
5-5 Penal Code, regardless of the absence of or a defect in the
5-6 affidavit.
5-7 (i) [(c)] As part of the notification required by Section
5-8 251.033, the commission shall mail the appropriate forms to each
5-9 person required to file a report with the commission during that
5-10 reporting period.
5-11 (j) [(d)] The commission shall prescribe forms for purposes
5-12 of legislative caucus reports under Section 254.0311 that are
5-13 separate and distinct from forms for other reports under this
5-14 chapter.
5-15 (k) [(e) A report filed under this chapter is considered to
5-16 be under oath by the person required to file the report regardless
5-17 of the absence of or defect in the affidavit of verification,
5-18 including a signature.]
5-19 [(f) A person required to file a report under this chapter
5-20 is subject to prosecution under Chapter 37, Penal Code, regardless
5-21 of the absence of or defect in the affidavit of verification.]
5-22 [(g)] This section applies to a report that is filed
5-23 electronically or otherwise.
5-24 SECTION 3. Subchapter B, Chapter 254, Election Code, is
5-25 amended by adding Sections 254.0401 and 254.0402 to read as
5-26 follows:
5-27 Sec. 254.0401. PUBLIC INSPECTION OF REPORTS. (a) A report
6-1 filed under this chapter shall be made available for public
6-2 inspection at the office of the authority with whom the report is
6-3 filed not later than the second business day after the date the
6-4 report is received.
6-5 (b) Notwithstanding Section 552.222(a), Government Code, the
6-6 authority with whom a report is filed under this chapter may not
6-7 require a person examining the report to provide any information or
6-8 identification.
6-9 (c) The commission shall make information from reports filed
6-10 with the commission under this chapter available by electronic
6-11 means, including:
6-12 (1) providing access to computer terminals at the
6-13 commission's office;
6-14 (2) providing information on computer diskette for
6-15 purchase at a reasonable cost; and
6-16 (3) providing modem or other electronic access to the
6-17 information.
6-18 Sec. 254.0402. RESTRICTION ON USE, SALE, OR DISTRIBUTION OF
6-19 CONTRIBUTOR INFORMATION. (a) In this section, "contributor
6-20 information" means the name, address, and telephone number of a
6-21 person listed in a report filed under this chapter as having made a
6-22 political contribution.
6-23 (b) A person may not knowingly use, sell, or distribute
6-24 contributor information copied or otherwise obtained from a report
6-25 filed under this chapter for the purpose of soliciting political
6-26 contributions or charitable contributions or for a commercial
6-27 purpose.
7-1 (c) A person may solicit political contributions from a
7-2 political committee whose contributor information the person
7-3 obtains from a report filed under this chapter.
7-4 (d) A person may use contributor information copied or
7-5 otherwise obtained from a report filed under this chapter in a
7-6 newspaper, magazine, book, or similar communication if the
7-7 principal purpose of the communication is not to communicate any
7-8 contributor information for the purpose of soliciting political
7-9 contributions or charitable contributions or for a commercial
7-10 purpose.
7-11 (e) A person who violates this section is civilly liable to
7-12 the state for an amount not to exceed the greater of:
7-13 (1) $5,000; or
7-14 (2) the amount of any contribution received as a
7-15 result of the violation.
7-16 SECTION 4. This Act takes effect September 1, 1999.
7-17 SECTION 5. Section 254.036, Election Code, as amended by
7-18 this Act, applies only to a report required to be filed under
7-19 Chapter 254, Election Code, on or after January 1, 2000. A report
7-20 required to be filed under Chapter 254, Election Code, before
7-21 January 1, 2000, may be filed in compliance with Section 254.036,
7-22 Election Code, as that section existed before amendment by this
7-23 Act, and the former law is continued in effect for that purpose.
7-24 SECTION 6. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended.