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H.B. No. 1863
AN ACT
relating to the termination of a campaign treasurer appointment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 252.0131, Election Code, is amended to
read as follows:
Sec. 252.0131. TERMINATION OF CAMPAIGN TREASURER
APPOINTMENT [BY COMMISSION]. (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[:
[(1)] 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) [; (2)] has never filed or has ceased to file
reports under Chapter 254;
(2) [(3)] 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 authority who is seeking to
terminate the candidate's campaign treasurer appointment
[specified by Section 252.005(1) or (5)]; and
(3) [(4)] 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 [commission] 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 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1863 was passed by the House on May 9,
2005, by the following vote: Yeas 144, Nays 0, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1863 was passed by the Senate on May
23, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor