84R6196 MK-F
 
  By: Cook H.B. No. 1671
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to defining terms applicable to groups that accept
  political contributions or make political expenditures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 251, Election Code, is
  amended by adding Section 251.011 to read as follows:
         Sec. 251.011. PRINCIPAL PURPOSE.  (a)  "Principal purpose"
  means, as applied to a group under this title, accepting political
  contributions or making political expenditures when either
  activity constitutes an important or main function of the group.
  The principal purpose of a group is determined as provided by this
  section.
         (b)  A group may have more than one principal purpose.
         (c)  A group has a principal purpose of accepting political
  contributions if the proportion of the total contributions to the
  group that are classified as political contributions exceeds 25
  percent within a calendar year. The intent of a contributor to make
  a political contribution is determined by the contributor's
  reasonable expectations as to how the group will use the
  contribution, including an analysis of:
               (1)  the content of public statements made by the group
  regarding fundraising efforts, goals, or support or opposition of
  candidates, officeholders, or measures;
               (2)  the content of the group's government filings and
  organizational documents, including the group's mission statement,
  as applicable; and
               (3)  any other activities engaged in by the group that
  are unrelated to accepting political contributions or making
  political expenditures.
         (d)  A group has a principal purpose of making political
  expenditures, including direct campaign expenditures, if the group
  allocates more than 25 percent of its annual expenses and other
  resources to making political expenditures within a calendar year.
  The amount a group allocates to making political expenditures
  includes:
               (1)  the value of the time spent by the group's
  employees or volunteers on activities related to making political
  expenditures; and
               (2)  the amount of money and in-kind donations spent on
  political expenditures, including a proportional share of the
  group's administrative expenses attributed to political
  expenditures, such as employee compensation and benefits,
  contractor payments, rental payments, office expenses, and
  computer equipment and services.
         SECTION 2.  Section 254.261, Election Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  For purposes of this section, "acting in concert" means
  two or more persons acting in cooperation with one another, or under
  an express or implied agreement, to pursue a common activity.
  Examples of two or more persons acting in concert include:
               (1)  using the same consultants;
               (2)  using the same person to purchase media
  advertising, including advertising transmitted through radio,
  television, e-mail, an Internet website, or a social media website;
               (3)  sharing mailing, e-mail, or telephone lists;
               (4)  sharing research on candidates or measures;
               (5)  sharing polling data;
               (6)  exchanging drafts or final proofs of political
  advertising; or
               (7)  meeting with a candidate, or an agent or staff
  member of a candidate, regarding campaign communications,
  including talking points, campaign themes, campaign communication
  schedules, or campaign events. 
         SECTION 3.  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, 2015.