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.