Bettencourt Campaign Contributions Bill Counts Every Non-Citizen As Foreign

The text as introduced · 757 words

89R12610 CJD-F

By: Bettencourt
S.B. No. 2045

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of certain actions with respect to

campaign contributions and expenditures by foreign persons;

creating criminal offenses.

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

SECTION 1. Subchapter B, Chapter 253, Election Code, is

amended by adding Section 253.0325 to read as follows:

Sec. 253.0325. PROHIBITION ON MAKING CERTAIN CONTRIBUTIONS

AND EXPENDITURES BY FOREIGN PERSONS AND RELATED ACTIVITIES. (a) In

this section, "foreign national" means:

(1) an individual who is not a United States citizen or

national;

(2) a government of a foreign country or of a political

subdivision of a foreign country;

(3) a foreign political party; and

(4) a person that is organized under the law of or has

the person's principal place of business in a foreign country.

(b) A person commits an offense if the person is a foreign

national and knowingly directly or indirectly through another

person makes:

(1) a contribution or expenditure supporting or

opposing a statewide ballot measure, regardless of whether the

ballot measure has been certified to appear on the ballot;

(2) an expenditure that directly covers the cost of

producing an electioneering communication in this state;

(3) a contribution to a candidate, candidate fund,

political committee, person authorized to make political

contributions, legislative campaign fund, political party, or

separate segregated fund that is governed by the Federal Election

Campaign Act of 1971 (52 U.S.C. Section 30101 et seq.); or

(4) an express or implied promise to make a

contribution or expenditure described by this subsection.

(c) A person commits an offense if the person knowingly:

(1) solicits or accepts money from a foreign national

to make a contribution or expenditure the foreign national is

prohibited from making under Subsection (b); or

(2) uses money from a foreign national to make a

contribution or expenditure the foreign national is prohibited from

making under Subsection (b).

(d) Except as provided by Subsection (e), an offense under

Subsection (b) or (c) is a Class A misdemeanor, except that the fine

for the offense shall be not less than the greater of:

(1) three times the amount of the contribution or

expenditure made, solicited, accepted, or promised to be made in

violation of either subsection; or

(2) $10,000.

(e) If it is shown on the trial of an offense under

Subsection (b) or (c) that a person has been previously convicted of

an offense under either subsection, the offense is a state jail

felony, except that the fine for the offense shall be not less than

the greater of:

(1) three times the amount of the contribution or

expenditure made, solicited, accepted, or promised to be made in

violation of either subsection; or

(2) $10,000.

(f) A person commits an offense if the person aids another

person, including a foreign national, in committing an offense

under this section. An offense under this subsection is a Class A

misdemeanor and punishable by a fine of not less than $1,000.

(g) In addition to the criminal penalties under this

section, a person who accepts a contribution in violation of

Subsection (c) shall return the contribution to the contributor not

later than the 10th business day after the date the contribution was

accepted. It is a defense to prosecution under Subsection (c) that

the person returned the contribution in compliance with this

subsection.

(h) With the consent of the appropriate local county or

district attorney, the attorney general has concurrent

jurisdiction with that consenting local prosecutor to prosecute an

offense under this section.

(i) The attorney general or local prosecutor, in

consultation with the secretary of state, shall investigate an

alleged violation of this section on the submission to the attorney

general or local prosecutor of:

(1) a written request by the governor, secretary of

state, or the commission; or

(2) a complaint by a registered voter to the attorney

general or local prosecutor alleging a violation of this section.

(j) If a judgment is entered against a defendant in an

action brought under this section, the attorney general or local

prosecutor may recover from the defendant reasonable expenses

incurred in bringing the action, including court costs, reasonable

attorney's fees, investigative costs, witness fees, and deposition

costs.

(k) The attorney general or local prosecutor may not

prosecute an offense under this section if the attorney general or

prosecutor:

(1) is a witness to or a suspect in the offense; or

(2) has a conflict of interest.

SECTION 2. This Act takes effect September 1, 2025.