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AN ACT
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relating to the reporting of political contributions accepted or |
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political expenditures made near an election; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.039, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) In addition to other reports required by this chapter, a |
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general-purpose committee shall file additional reports during the |
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period beginning the ninth day before election day and ending at 12 |
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noon on the day before election day if the committee: |
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(1) accepts political contributions from a person that |
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in the aggregate exceed $5,000 during that reporting period; or |
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(2) [that] makes direct campaign expenditures |
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supporting or opposing either a single candidate that in the |
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aggregate exceed $1,000 or a group of candidates that in the |
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aggregate exceed $15,000 during that reporting [the] period. |
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(a-1) A report under this section shall be filed [beginning
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the ninth day before election day and ending at 12 noon on the
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second day before election day shall file a report] electronically, |
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by telegram or telephonic facsimile machine, or by hand, in the form |
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required by Section 254.036. The commission must receive a [the] |
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report under this section not later than 5 p.m. of the first |
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business day [48 hours] after the date the contribution is accepted |
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or the expenditure is made. A report under this section is not |
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required to be accompanied by the affidavit required under Section |
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254.036(h) or to be submitted on a form prescribed by the |
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commission. A report under this section that complies with Section |
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254.036(a) must be accompanied by an affidavit under Section |
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254.036(c)(1) unless the committee has submitted an affidavit under |
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Section 254.036(c)(1) with another report filed in connection with |
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the election for which a report is required under this section. |
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(a-2) Each report required by Subsection (a)(1) must |
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include the amount of the contributions specified by that |
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subsection, the full name and address of the person making the |
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contributions, and the dates of the contributions. |
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(b) Each report required by Subsection (a)(2) [this
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section] must include the amount of the expenditures, the full name |
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and address of the persons to whom the expenditures are made, and |
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the dates and purposes of the expenditures. |
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SECTION 2. Subsection (a), Section 254.042, Election Code, |
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is amended to read as follows: |
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(a) The commission shall determine from any available |
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evidence whether a report[, other than a telegram report under
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Section 254.038 or 254.039,] required to be filed with the |
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commission under this chapter is late. On making that |
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determination, the commission shall immediately mail a notice of |
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the determination to the person required to file the report. |
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SECTION 3. (a) Section 254.039, Election Code, as amended |
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by this Act, applies only to the reporting of a political |
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contribution accepted on or after September 1, 2007. For purposes |
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of Section 254.039, Election Code, as amended by this Act, a |
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political contribution accepted before September 1, 2007, is not |
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aggregated with a political contribution accepted on or after that |
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date. The reporting of a political contribution accepted before |
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September 1, 2007, is governed by the law in effect on the date the |
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contribution was accepted, and the former law is continued in |
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effect for that purpose. |
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(b) Subsection (a), Section 254.042, Election Code, as |
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amended by this Act, applies only to a report under Chapter 254, |
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Election Code, that is required to be filed on or after the |
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effective date of this Act. A report under Chapter 254, Election |
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Code, that is required to be filed before the effective date of this |
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Act is governed by the law in effect on the date the report is |
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required to be filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ ______________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 64 passed the Senate on |
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March 29, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 18, 2007, by the |
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following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 64 passed the House, with |
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amendment, on May 15, 2007, by the following vote: Yeas 143, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |