By Moncrief                                            S.B. No. 418

         76R4740 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.

 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 with the commission under this chapter 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 or political committee that is required to

2-18     file reports with the commission under this chapter may file

2-19     reports that comply with Subsection (a)  if the candidate or

2-20     committee does not intend to accept political contributions that in

2-21     the aggregate exceed $5,000 or to make political expenditures that

2-22     in the aggregate exceed $5,000 in connection with the election.

2-23     The amount of a filing fee paid by a candidate is excluded from the

2-24     $5,000 maximum expenditure permitted under this subsection.  A

2-25     candidate or political committee that exceeds $5,000 in political

2-26     contributions or political expenditures in connection with the

2-27     election shall file reports as required by Subsection (b).  To be

 3-1     entitled to file reports under this subsection, a candidate or

 3-2     political committee must file with the campaign treasurer

 3-3     appointment a written declaration of intent not to exceed $5,000 in

 3-4     political contributions or political expenditures in connection

 3-5     with the election.  The declaration of intent must contain a

 3-6     statement that the political committee understands that if the

 3-7     $5,000 maximum for political contributions or political

 3-8     expenditures is exceeded, the committee is required to file reports

 3-9     under Subsection (b).

3-10           (d)  An officeholder or a specific-purpose committee for

3-11     assisting an officeholder that is required to file reports with the

3-12     commission under this chapter may file reports that comply with

3-13     Subsection (a)  if the officeholder or committee does not intend to

3-14     accept political contributions that in the aggregate exceed $5,000

3-15     or to make political expenditures that in the aggregate exceed

3-16     $5,000 in a reporting period under Section 254.093 or 254.123.  An

3-17     officeholder or committee that exceeds $5,000 in political

3-18     contributions or political expenditures in a reporting period shall

3-19     file reports as required by Subsection (b).  To be entitled to file

3-20     reports under this subsection, an officeholder or the campaign

3-21     treasurer of a committee must file with the commission a written

3-22     declaration of intent not to exceed $5,000 in political

3-23     contributions or political expenditures in a reporting period.  The

3-24     declaration of intent must be filed not later than the first day of

3-25     the first reporting period to which it is intended to apply and

3-26     must contain a statement that the officeholder or committee

3-27     understands that if the $5,000 maximum for political contributions

 4-1     or political expenditures is exceeded, the officeholder or

 4-2     committee is required to file reports under Subsection (b).

 4-3           (e)  A candidate, officeholder, or political committee that

 4-4     is required to file reports with the commission under this chapter

 4-5     may file reports that comply with Subsection (a)  if the candidate,

 4-6     officeholder, or campaign treasurer of the committee files with the

 4-7     commission an affidavit stating that the candidate, officeholder,

 4-8     or committee or an agent of the candidate, officeholder, or

 4-9     committee does not use computer equipment to solicit or acknowledge

4-10     political contributions or to keep records of political

4-11     contributions, political expenditures, or persons making political

4-12     contributions to the candidate, officeholder, or committee.  An

4-13     affidavit under this subsection must be filed with each report

4-14     filed under Subsection (a).  The affidavit must include a statement

4-15     that the candidate, officeholder, or political committee

4-16     understands that if the candidate, officeholder, or committee or an

4-17     agent of the candidate, officeholder, or committee uses computer

4-18     equipment for a purpose described by this subsection, the

4-19     candidate, officeholder, or committee is required to file reports

4-20     under Subsection (b).

4-21           (f)  A candidate for an office described by Section

4-22     252.005(5) or a specific-purpose committee for supporting or

4-23     opposing only candidates for an office described by Section

4-24     252.005(5) or a measure described by Section 252.007(5) may file

4-25     reports that comply with Subsection (a).

4-26           (g)  An individual required to file a report with the

4-27     commission in connection with a direct campaign expenditure to

 5-1     which Section 253.062 applies may file a report that complies with

 5-2     Subsection (a).

 5-3           (h)  Each report filed under this chapter must be accompanied

 5-4     by an affidavit executed by the person required to file the report.

 5-5     The affidavit must contain the statement:  "I swear, or affirm,

 5-6     under penalty of perjury, that the accompanying report is true and

 5-7     correct and includes all information required to be reported by me

 5-8     under Title 15, Election Code."  A report filed under this chapter

 5-9     is considered to be under oath by the person required to file the

5-10     report, and the person is subject to prosecution under Chapter 37,

5-11     Penal Code, regardless of the absence of or a defect in the

5-12     affidavit.

5-13           (i) [(c)]  As part of the notification required by Section

5-14     251.033, the commission shall mail the appropriate forms to each

5-15     person required to file a report with the commission during that

5-16     reporting period.

5-17           (j) [(d)]  The commission shall prescribe forms for purposes

5-18     of legislative caucus reports under Section 254.0311 that are

5-19     separate and distinct from forms for other reports under this

5-20     chapter.

5-21           (k) [(e)  A report filed under this chapter is considered to

5-22     be under oath by the person required to file the report  regardless

5-23     of the absence of or defect in the affidavit of verification,

5-24     including a signature.]

5-25           [(f)  A person required to file a report under this chapter

5-26     is subject to prosecution under Chapter 37, Penal  Code, regardless

5-27     of the absence of or defect in the affidavit of verification.]

 6-1           [(g)]  This section applies to a report that is filed

 6-2     electronically or otherwise.

 6-3           SECTION 3.  Subchapter B, Chapter 254, Election Code, is

 6-4     amended by adding Sections 254.0401 and 254.0402 to read as

 6-5     follows:

 6-6           Sec. 254.0401.  PUBLIC INSPECTION OF REPORTS.  (a)  A report

 6-7     filed under this chapter shall be made available for public

 6-8     inspection at the office of the authority with whom the report is

 6-9     filed not later than the second business day after the date the

6-10     report is received.

6-11           (b)  Notwithstanding Section 552.222(a), Government Code, the

6-12     authority with whom a report is filed under this chapter may not

6-13     require a person examining the report to provide any information or

6-14     identification.

6-15           (c)  The commission shall make information from reports filed

6-16     with the commission under this chapter available by electronic

6-17     means, including:

6-18                 (1)  providing access to computer terminals at the

6-19     commission's office;

6-20                 (2)  providing information on computer diskette for

6-21     purchase at a reasonable cost; and

6-22                 (3)  providing modem or other electronic access to the

6-23     information.

6-24           Sec. 254.0402.  RESTRICTION ON USE, SALE, OR DISTRIBUTION OF

6-25     CONTRIBUTOR INFORMATION.  (a)  In this  section, "contributor

6-26     information" means the name, address, and telephone number of a

6-27     person listed in a report filed under this chapter as having made a

 7-1     political contribution.

 7-2           (b)  A person may not knowingly use, sell, or distribute

 7-3     contributor information copied or otherwise obtained from a report

 7-4     filed under this chapter for the purpose of soliciting political

 7-5     contributions or charitable contributions or for a commercial

 7-6     purpose.

 7-7           (c)  A person may solicit political contributions from a

 7-8     political committee whose contributor information the person

 7-9     obtains from a report filed under this chapter.

7-10           (d)  A person may use contributor information copied or

7-11     otherwise obtained from a report filed under this chapter in a

7-12     newspaper, magazine, book, or similar communication if the

7-13     principal purpose of the communication is not to communicate any

7-14     contributor information for the purpose of soliciting political

7-15     contributions or charitable contributions or for a commercial

7-16     purpose.

7-17           (e)  A person who violates this section is civilly liable to

7-18     the state for an amount not to exceed the greater of:

7-19                 (1)  $5,000; or

7-20                 (2)  the amount of any contribution received as a

7-21     result of the violation.

7-22           SECTION 4.  This Act takes effect September 1, 1999.

7-23           SECTION 5.  Section 254.036, Election Code, as amended by

7-24     this Act, applies only to a report required to be filed under

7-25     Chapter 254, Election Code, on or after January 1, 2000.  A report

7-26     required to be filed under Chapter 254, Election Code, before

7-27     January 1, 2000, may be filed in compliance with Section 254.036,

 8-1     Election Code, as that section existed before amendment by this

 8-2     Act, and the former law is continued in effect for that purpose.

 8-3           SECTION 6.  The importance of this legislation and the

 8-4     crowded condition of the calendars in both houses create an

 8-5     emergency and an imperative public necessity that the

 8-6     constitutional rule requiring bills to be read on three several

 8-7     days in each house be suspended, and this rule is hereby suspended.