Bill Text: TX SB1980 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to political contributions and political expenditures made to or by political committees or other persons.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2019-05-19 - Committee report sent to Calendars [SB1980 Detail]

Download: Texas-2019-SB1980-Introduced.html
  86R14396 TYPED
 
  By: Hughes S.B. No. 1980
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to direct campaign expenditures by political committees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.001, Election Code, is amended by
  amending subdivision (12) and adding new subdivisions (21) and (22)
  to read as follows:
               (12)  "Political committee" means [a group of] two or
  more persons acting in concert with [that has] a principal purpose
  of accepting political contributions or making political
  expenditures. The term does not include a group composed
  exclusively of two or more individual filers or political
  committees required to file reports under this title who make
  reportable expenditures for a joint activity.
               (21)  "Acting in concert" means acting in cooperation
  or consultation with another, or under an express or implied
  agreement, to pursue a common activity.
               (22)  "In-kind contribution" is a contribution of
  goods, services, or any other thing of value, except money, and
  includes an agreement made or other obligation incurred, whether
  legally enforceable or not, to make such a contribution. The term
  does not include a direct campaign expenditure.
         SECTION 2.  Chapter 251, Election Code, is amended by adding
  Section 251.0015 to read as follows:
         Sec. 251.0015.  AFFIDAVIT FOR MEETING. (a) For purposes of
  Subsection 251.001(21), meeting with a candidate, or a candidate's
  agent or staff, is not evidence of acting in concert with the
  candidate for a person at the meeting who signs an affidavit in
  accordance with Subsection (b) within five days after the meeting,
  unless there is evidence that the person violated Section 37.02,
  Penal Code, in signing the affidavit under Subsection (b).
         (b)  The affidavit must state that no person at the meeting
  provided to another person during the meeting:
               (1)  mailing, email, or telephone lists;
               (2)  dates for prospective campaign communications;
               (3)  amounts being spent on prospective campaign
  communications; or
               (4)  drafts or final proofs of prospective political
  advertising.
         SECTION 3.  Section 252.003(a), Election Code, is amended to
  read as follows:
         (a)  In addition to the information required by Section
  252.002, a campaign treasurer appointment by a general-purpose
  committee must include:
               (1)  the full name, and any acronym of the name that
  will be used in the name of the committee as provided by Subsection
  (d), of each corporation, labor organization, or other association
  or legal entity that directly establishes, administers, or controls
  the committee, if applicable, or the name of each person who
  determines to whom the committee makes contributions or the name of
  each person who determines for what purposes the committee makes
  expenditures;
               (2)  the full name and address of each general-purpose
  committee to whom the committee intends to make political
  contributions; [and]
               (3)  the name of the committee and, if the name is an
  acronym, the words the acronym represents; and
               (4)  if the committee intends to use a political
  contribution from a corporation or a labor organization to make any
  direct campaign expenditures in connection with a campaign for an
  elective office, an affidavit stating that:
                     (A)  the committee is not established or
  controlled by a candidate or an officeholder; and
                     (B)  the committee will not use any political
  contribution from a corporation or a labor organization to make a
  political contribution to any:
                           (i)  candidate for elective office;
                           (ii)  officeholder; or
                           (iii)  political committee that has not
  filed an affidavit under this subdivision.
         SECTION 4.  Section 252.0031, Election Code, is amended to
  read as follows:
         Sec. 252.0031.  CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE
  COMMITTEE. (a) In addition to the information required by Section
  252.002, a campaign treasurer appointment by a specific-purpose
  committee for supporting or opposing a candidate for an office
  specified by Section 252.005(1) must include:
               (1)  the name of and the office sought by the candidate;
  and
               (2)  if the committee intends to use a political
  contribution from a corporation or a labor organization to make any
  direct campaign expenditures in connection with a campaign for an
  elective office, an affidavit in accordance with the requirements
  of Section 252.003(a)(4).
         (b)  If [that] any of the information required to be included
  in a specific-purpose committee's appointment changes, the
  committee shall immediately file an amended appointment reflecting
  the change.
         (c) [(b)]  The name of a specific-purpose committee for
  supporting a candidate for an office specified by Section
  252.005(1) must include the name of the candidate that the
  committee supports.
         SECTION 5.  Subchapter D, Chapter 253, Election Code, is
  amended by adding Section 253.097 to read as follows:
         Sec. 253.097.  CONTRIBUTION FOR DIRECT CAMPAIGN
  EXPENDITURES. A corporation or labor organization may make
  campaign contributions from its own property to a political
  committee that has filed an affidavit with the commission in
  accordance with Section 252.003(a)(4) or 252.0031(a)(2).
         SECTION 6.  Sections 253.100(a), (d) and (e), Election Code,
  are amended to read as follows:
         (a)  A corporation, acting alone or with one or more other
  corporations, may make one or more political expenditures to
  finance the establishment or administration of a general-purpose
  committee. In addition to any other expenditure that is considered
  permissible under this section, a corporation may make an
  expenditure for the maintenance and operation of a general-purpose
  committee, including an expenditure for:
               (1)  office space maintenance and repairs;
               (2)  telephone and Internet services;
               (3)  office equipment;
               (4)  utilities;
               (5)  general office and meeting supplies;
               (6)  salaries for routine clerical, data entry, and
  administrative assistance necessary for the proper administrative
  operation of the committee;
               (7)  legal and accounting fees for the committee's
  compliance with this title;
               (8)  routine administrative expenses incurred in
  establishing and administering a general-purpose political
  committee;
               (9)  management and supervision of the committee,
  including expenses incurred in holding meetings of the committee's
  governing body to interview candidates and make endorsements
  relating to the committee's support;
               (10)  the recording of committee decisions;
               (11)  expenses incurred in hosting candidate forums in
  which all candidates for a particular office in an election are
  invited to participate on the same terms; or
               (12)  expenses incurred in preparing and delivering
  committee contributions; or
               (13)  creation and maintenance of the committee's
  public Internet webpages that do not contain political advertising.
         (d)  A corporation or labor organization may not make
  expenditures under this section for:
               (1)  political consulting to support or oppose a
  candidate;
               (2)  telephoning or telephone banks to communicate with
  the public;
               (3)  brochures and direct mail supporting or opposing a
  candidate;
               (4)  partisan voter registration and get-out-the-vote
  drives;
               (5)  political fund-raising other than from its
  stockholders or members, as applicable, or the families of its
  stockholders or members;
               (6)  voter identification efforts, voter lists, or
  voter databases that include persons other than its stockholders or
  members, as applicable, or the families of its stockholders or
  members;
               (7)  polling designed to support or oppose a candidate
  other than of its stockholders or members, as applicable, or the
  families of its stockholders or members; or
               (8)  recruiting candidates.
         (e)  Subsection (d) does not apply to a corporation or labor
  organization making an expenditure [to communicate with its
  stockholders or members, as applicable, or with the families of its
  stockholders or members as provided] authorized by Section 253.097
  or 253.098.
         SECTION 7.  Section 253.101, Election Code, is repealed.
         SECTION 8.  This Act takes effect September 1, 2019.
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