all campaign finance reports move to the Texas Ethics Commission

The text as introduced · 4,007 words

89R3456 CJD-F

By: Vasut
H.B. No. 189

A BILL TO BE ENTITLED

AN ACT

relating to the filing with the Texas Ethics Commission of campaign

treasurer appointments and reports of political contributions and

political expenditures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 252.002(b), Election Code, is amended to

read as follows:

(b) A political committee [ that files its campaign

treasurer appointment with the commission ] must notify the

commission in writing of any change in the campaign treasurer's

address not later than the 10th day after the date on which the

change occurs.

SECTION 2. Sections 252.0031(a) and (b), Election Code, are

amended to read as follows:

(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 a statewide

[ an ] office , a district office filled by voters of more than one

county, a judicial district office filled by voters of only one

county, state senator, state representative, or the State Board of

Education [ specified by Section 252.005(1) ] must include:

(1) the name of and the office sought by the candidate;

and

(2) before the committee may use a political

contribution from a corporation or a labor organization to make a

direct campaign expenditure 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:

(i) a candidate for elective office;

(ii) an officeholder; or

(iii) a political committee that has not

filed an affidavit under this subdivision or Section 252.003(a)(4).

(b) The name of a specific-purpose committee for supporting

a candidate for an office specified by Subsection (a) [ Section

252.005(1) ] must include the name of the candidate that the

committee supports.

SECTION 3. Section 252.005, Election Code, is amended to

read as follows:

Sec. 252.005. [ AUTHORITY WITH WHOM ] APPOINTMENT FILED WITH

COMMISSION [ : CANDIDATE ]. Each candidate and political committee

[ An individual ] must file a campaign treasurer appointment [ for the

individual's own candidacy ] with[ :

[ (1) ] the commission[ , if the appointment is made for

candidacy for:

[ (A) a statewide office;

[ (B) a district office filled by voters of more

than one county;

[ (C) a judicial district office filled by voters

of only one county;

[ (D) state senator;

[ (E) state representative; or

[ (F) the State Board of Education;

[ (2) the county clerk, if the appointment is made for

candidacy for a county office, a precinct office, or a district

office other than one included in Subdivision (1);

[ (3) the clerk or secretary of the governing body of

the political subdivision or, if the political subdivision has no

clerk or secretary, with the governing body's presiding officer, if

the appointment is made for candidacy for an office of a political

subdivision other than a county;

[ (4) the county clerk if:

[ (A) the appointment is made for candidacy for an

office of a political subdivision other than a county;

[ (B) the governing body for the political

subdivision has not been formed; and

[ (C) no boundary of the political subdivision

crosses a boundary of the county; or

[ (5) the commission if:

[ (A) the appointment is made for candidacy for an

office of a political subdivision other than a county;

[ (B) the governing body for the political

subdivision has not been formed; and

[ (C) the political subdivision is situated in

more than one county ].

SECTION 4. Section 252.011(a), Election Code, is amended to

read as follows:

(a) A campaign treasurer appointment takes effect at the

time it is filed with the commission [ authority specified by this

chapter ].

SECTION 5. Section 252.012(c), Election Code, is amended to

read as follows:

(c) If the campaign treasurer of a [ specific-purpose ]

political committee [ required to file its campaign treasurer

appointment with the commission or of a general-purpose political

committee ] is removed by the committee, the departing campaign

treasurer shall immediately file written notification of the

termination of appointment with the commission.

SECTION 6. Section 252.013(c), Election Code, is amended to

read as follows:

(c) If the campaign treasurer of a [ specific-purpose ]

political committee [ required to file its campaign treasurer

appointment with the commission or of a general-purpose political

committee ] resigns or otherwise vacates the position, the campaign

treasurer shall immediately file written notification of the

vacancy with the commission.

SECTION 7. Section 252.0131, Election Code, is amended to

read as follows:

Sec. 252.0131. TERMINATION OF CAMPAIGN TREASURER

APPOINTMENT. (a) The commission by rule shall adopt a process by

which the commission may terminate the campaign treasurer

appointment of an inactive candidate or political committee [ that

is required to file a campaign treasurer appointment with the

commission. The governing body of a political subdivision by

ordinance or order may adopt a process by which the clerk or

secretary, as applicable, of the political subdivision may

terminate the campaign treasurer appointment of an inactive

candidate or political committee that is required to file a

campaign treasurer appointment with the clerk or secretary ]. For

purposes of this section, a candidate or political committee is

inactive if the candidate or committee:

(1) has never filed or has ceased to file reports under

Chapter 254;

(2) in the case of a candidate, has not been elected to

an office for which a candidate is required to file a campaign

treasurer appointment with the commission [ authority who is seeking

to terminate the candidate's campaign treasurer appointment ]; and

(3) has not filed:

(A) a final report under Section 254.065 or

254.125; or

(B) a dissolution report under Section 254.126 or

254.159.

(b) Before the commission may terminate a campaign

treasurer appointment, the commission must consider the proposed

termination in a regularly scheduled open meeting. [ Before the

clerk or secretary of a political subdivision may terminate a

campaign treasurer appointment, the governing body of the political

subdivision must consider the proposed termination in a regularly

scheduled open meeting. ]

(c) Rules [ or an ordinance or order ] adopted under this

section must:

(1) define "inactive candidate or political

committee" for purposes of terminating the candidate's or

committee's campaign treasurer appointment; and

(2) require written notice to the affected candidate

or committee of:

(A) the proposed termination of the candidate's

or committee's campaign treasurer appointment;

(B) the date, time, and place of the meeting at

which the commission [ or governing body of the political

subdivision, as applicable, ] will consider the proposed

termination; and

(C) the effect of termination of the candidate's

or committee's campaign treasurer appointment.

(d) The termination of a campaign treasurer appointment

under this section takes effect on the 30th day after the date of

the meeting at which the commission [ or governing body, as

applicable, ] votes to terminate the appointment. Following that

meeting, the commission [ or the clerk or secretary of the political

subdivision, as applicable, ] shall promptly notify the affected

candidate or political committee that the appointment has been

terminated. The notice must state the effective date of the

termination.

SECTION 8. Section 252.014, Election Code, is amended to

read as follows:

Sec. 252.014. PRESERVATION OF FILED APPOINTMENTS. The

commission [ authority with whom a campaign treasurer appointment is

filed under this chapter ] shall preserve campaign treasurer

appointments filed under this chapter [ the appointment ] for two

years after the date the appointment is terminated.

SECTION 9. Section 252.015(a), Election Code, is amended to

read as follows:

(a) Each specific-purpose committee for supporting or

opposing a candidate for a statewide office, a district office

filled by voters of more than one county, a judicial district office

filled by voters of only one county, state senator, state

representative, or the State Board of Education, [ an office

specified by Section 252.005(1) ] or a statewide or district

measure , and each general-purpose committee may appoint an

assistant campaign treasurer by written appointment filed with the

commission.

SECTION 10. Section 253.031(c), Election Code, is amended

to read as follows:

(c) A political committee may not knowingly make or

authorize a campaign contribution or campaign expenditure

supporting or opposing a candidate for a statewide office, a

district office filled by voters of more than one county, a judicial

district office filled by voters of only one county, state senator,

state representative, or the State Board of Education [ an office

specified by Section 252.005(1) ] in a primary or general election

unless the committee's campaign treasurer appointment has been

filed not later than the 30th day before the appropriate election

day.

SECTION 11. Sections 254.036(a), (c), (e), (g), and (i),

Election Code, are amended to read as follows:

(a) Each report filed under this chapter [ with an authority

other than the commission must be in a format prescribed by the

commission. A report filed ] with the commission that is not

required to be filed by computer diskette, modem, or other means of

electronic transfer must be on a form prescribed by the commission

and written in black ink or typed with black typewriter ribbon or,

if the report is a computer printout, the printout must conform to

the same format and paper size as the form prescribed by the

commission.

(c) A candidate, officeholder, or political committee [ that

is required to file reports with the commission ] may file reports

that comply with Subsection (a) if:

(1) the candidate, officeholder, or campaign

treasurer of the committee files with the commission an affidavit

stating that the candidate, officeholder, or committee, an agent of

the candidate, officeholder, or committee, or a person with whom

the candidate, officeholder, or committee contracts does not use

computer equipment to keep the current records of political

contributions, political expenditures, or persons making political

contributions to the candidate, officeholder, or committee; and

(2) the candidate, officeholder, or committee does

not, in a calendar year, accept political contributions that in the

aggregate exceed $20,000 or make political expenditures that in the

aggregate exceed $20,000.

(e) A candidate for an office of a political subdivision,

other than a county, that has not formed a governing body and is

situated in more than one county [ described by Section 252.005(5) ]

or a specific-purpose committee for supporting or opposing only

candidates for an office described by this subsection [ Section

252.005(5) ] or a measure concerning a political subdivision

described by this subsection [ Section 252.007(5) ] may file reports

that comply with Subsection (a).

(g) In prescribing the format of a report filed under this

chapter[ , including a report filed with an authority other than the

commission under Subsection (a), ] the commission shall ensure that

the report requires for political expenditures made with a credit

card that:

(1) the expenditures be reported in a single itemized

list; and

(2) the list include, stated by credit card issuer:

(A) the name of the credit card issuer;

(B) the date and amount of each expenditure; and

(C) the date the credit card issuer was repaid

for the expenditure.

(i) Each person required to file reports [ with the

commission ] that comply with Subsection (b) shall file with the

commission a written statement providing the manner of electronic

transfer that the person will use to file the report. A statement

under this subsection must be filed not later than the 30th day

before the filing deadline for the first report a person is required

to file under Subsection (b). A person who intends to change the

manner of filing described by the person's most recent statement

shall notify the commission of the change not later than the 30th

day before the filing deadline for the report to which the change

applies. If a person does not file a statement under this

subsection, the commission may accept as authentic a report filed

in any manner that complies with Subsection (b). If the commission

receives a report that is not filed in the manner described by the

person's most recent statement under this subsection, the

commission shall promptly notify the person in writing that the

commission has received a report filed in a different manner than

expected.

SECTION 12. Section 254.038(a), Election Code, is amended

to read as follows:

(a) In addition to other reports required by this chapter,

the following persons shall file additional reports during the

period beginning the ninth day before election day and ending at 12

noon on the day before election day:

(1) a candidate for a statewide office, a district

office filled by voters of more than one county, a judicial district

office filled by voters of only one county, state senator, state

representative, or the State Board of Education [ an office

specified by Section 252.005(1) ] who accepts political

contributions from a person that in the aggregate exceed $1,000

during that reporting period; and

(2) a specific-purpose committee for supporting or

opposing a candidate described by Subdivision (1) and that accepts

political contributions from a person that in the aggregate exceed

$1,000 during that reporting period.

SECTION 13. Subchapter B, Chapter 254, Election Code, is

amended by adding Section 254.0395 to read as follows:

Sec. 254.0395. AUTHORITY WITH WHOM REPORTS FILED. A person

required to file a report under this chapter shall file the report

with the commission.

SECTION 14. Section 254.040(a), Election Code, is amended

to read as follows:

(a) Each report filed under this chapter shall be preserved

by the commission [ authority with whom it is filed ] for at least two

years after the date it is filed.

SECTION 15. Section 254.0401(g), Election Code, is amended

to read as follows:

(g) Electronic report data saved in a temporary storage

location [ of the authority with whom the report is filed ] for later

retrieval and editing before the report is filed is confidential

and may not be disclosed. After the report is filed [ with the

authority ], the information disclosed in the filed report is public

information to the extent provided by this title.

SECTION 16. Section 254.0402(a), Election Code, is amended

to read as follows:

(a) Notwithstanding Section 552.222(a), Government Code,

the commission [ authority with whom a report is filed under this

chapter ] may not require a person examining a [ the ] report filed

under this chapter to provide any information or identification.

SECTION 17. Section 254.043(a), Election Code, is amended

to read as follows:

(a) This section applies only to[ :

[ (1) ] a person required to file reports under this

chapter with the commission[ ; or

[ (2) a person required to file reports under this

chapter with an authority other than the commission in connection

with an office of a political subdivision in a county with a

population of at least 500,000 ].

SECTION 18. Sections 254.064(b), (c), (d), and (e),

Election Code, are amended to read as follows:

(b) The first report must be received by the commission

[ authority with whom the report is required to be filed ] not later

than the 30th day before election day. The report covers the period

beginning the day the candidate's campaign treasurer appointment is

filed or the first day after the period covered by the last report

required to be filed under this chapter, as applicable, and

continuing through the 40th day before election day.

(c) The second report must be received by the commission

[ authority with whom the report is required to be filed ] not later

than the eighth day before election day. The report covers the

period beginning the 39th day before election day and continuing

through the 10th day before election day.

(d) If a person becomes an opposed candidate after a

reporting period prescribed by Subsection (b) or (c), the person's

first report must be received by the commission [ authority with

whom the report is required to be filed ] not later than the regular

deadline for the report covering the period during which the person

becomes an opposed candidate. The period covered by the first

report begins the day the candidate's campaign treasurer

appointment is filed.

(e) In addition to other required reports, an opposed

candidate in a runoff election shall file one report for that

election. The runoff election report must be received by the

commission [ authority with whom the report is required to be filed ]

not later than the eighth day before runoff election day. The

report covers the period beginning the ninth day before the date of

the main election and continuing through the 10th day before runoff

election day.

SECTION 19. Sections 254.124(b), (c), (d), and (e),

Election Code, are amended to read as follows:

(b) The first report must be received by the commission

[ authority with whom the report is required to be filed ] not later

than the 30th day before election day. The report covers the period

beginning the day the committee's campaign treasurer appointment is

filed or the first day after the period covered by the committee's

last required report, as applicable, and continuing through the

40th day before election day.

(c) The second report must be received by the commission

[ authority with whom the report is required to be filed ] not later

than the eighth day before election day. The report covers the

period beginning the 39th day before election day and continuing

through the 10th day before election day.

(d) If a specific-purpose committee supports or opposes a

candidate or measure in an election after a reporting period

prescribed by Subsection (b) or (c), the first report must be

received by the commission [ authority with whom the report is

required to be filed ] not later than the regular deadline for the

report covering the period during which the committee becomes

involved in the election. The period covered by the first report

begins the day the committee's campaign treasurer appointment is

filed or the first day after the period covered by the committee's

last required report, as applicable.

(e) In addition to other required reports, the campaign

treasurer of a specific-purpose committee that supports or opposes

a candidate in a runoff election shall file one report for the

runoff election. The runoff election report must be received by the

commission [ authority with whom the report is required to be filed ]

not later than the eighth day before runoff election day. The

report covers the period beginning the ninth day before the date of

the main election and continuing through the 10th day before runoff

election day.

SECTION 20. Section 254.129(a), Election Code, is amended

to read as follows:

(a) If a specific-purpose committee changes its operation

and becomes a general-purpose committee, the committee's campaign

treasurer shall deliver written notice of the change in status to

the commission [ authority with whom the specific-purpose

committee's reports under this chapter are required to be filed ].

SECTION 21. Sections 254.154(b), (c), (d), and (e),

Election Code, are amended to read as follows:

(b) The first report must be received by the commission

[ authority with whom the report is required to be filed ] not later

than the 30th day before election day. The report covers the period

beginning the day the committee's campaign treasurer appointment is

filed or the first day after the period covered by the committee's

last required report, as applicable, and continuing through the

40th day before election day.

(c) The second report must be received by the commission

[ authority with whom the report is required to be filed ] not later

than the eighth day before election day. The report covers the

period beginning the 39th day before election day and continuing

through the 10th day before election day.

(d) If a general-purpose committee becomes involved in an

election after a reporting period prescribed by Subsection (b) or

(c), the first report must be received by the commission [ authority

with whom the report is required to be filed ] not later than the

regular deadline for the report covering the period during which

the committee becomes involved in the election. The period covered

by the first report begins the day the committee's campaign

treasurer appointment is filed or the first day after the period

covered by the committee's last required report, as applicable.

(e) In addition to other required reports, the campaign

treasurer of a general-purpose committee involved in a runoff

election shall file one report for the runoff election. The runoff

election report must be received by the commission [ authority with

whom the report is required to be filed ] not earlier than the 10th

day or later than the eighth day before runoff election day. The

report covers the period beginning the ninth day before the date of

the main election and continuing through the 10th day before runoff

election day.

SECTION 22. Section 254.157(a), Election Code, is amended

to read as follows:

(a) The campaign treasurer of a general-purpose committee

filing monthly reports shall file a report not later than the fifth

day of the month following the period covered by the report. A

report covering the month preceding an election in which the

committee is involved must be received by the commission [ authority

with whom the report is required to be filed ] not later than the

fifth day of the month following the period covered by the report.

SECTION 23. Section 254.202(b), Election Code, is amended

to read as follows:

(b) The report shall be filed with the commission [ authority

with whom the person's campaign treasurer appointment was required

to be filed ].

SECTION 24. Section 254.205(b), Election Code, is amended

to read as follows:

(b) The report shall be filed with the commission [ authority

with whom the person's campaign treasurer appointment was required

to be filed ].

SECTION 25. Section 571.079(a), Government Code, is amended

to read as follows:

(a) Not later than the 15th day after the date on which an

application for a place on the general primary election ballot or

for nomination by convention is required to be filed, the

commission shall post on its Internet website:

(1) the name and address of each candidate for a

statewide office, a district office filled by voters of more than

one county, a judicial district office filled by voters of only one

county, state senator, state representative, or the State Board of

Education [ an office specified by Section 252.005(1), Election

Code, ] who has failed to pay a civil penalty imposed by the

commission for failure to file with the commission a required

report or statement under Chapter 254, Election Code, or Chapter

572; and

(2) for each candidate listed under Subdivision (1),

the amount of the penalty imposed and the amount paid, if any.

SECTION 26. The following provisions of the Election Code

are repealed:

(1) Section 252.006;

(2) Section 252.007;

(3) Section 252.008;

(4) Section 252.009;

(5) Section 252.010;

(6) Section 254.036(f);

(7) Sections 254.0401(b) and (e-1);

(8) Section 254.066;

(9) Section 254.095;

(10) Section 254.097;

(11) Section 254.129(c);

(12) Section 254.130; and

(13) Section 254.163.

SECTION 27. The changes in law made by this Act apply only

to a campaign treasurer appointment required to be filed under

Chapter 252, Election Code, or a report required to be filed under

Chapter 254, Election Code, on or after the effective date of this

Act. A campaign treasurer appointment or report required to be

filed before the effective date of this Act is subject to the law in

effect at the time the appointment or report was filed, and the

former law is continued in effect for that purpose.

SECTION 28. This Act takes effect January 1, 2026.