88R2868 CJD-F     By: Meza H.B. No. 490       A BILL TO BE ENTITLED   AN ACT   relating to limits on certain political contributions; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 253.003(c), Election Code, is amended to   read as follows:          (c)  This section does not apply to a political contribution   made or accepted in violation of Subchapter C or F.          SECTION 2.  Section 253.004(b), Election Code, is amended to   read as follows:          (b)  This section does not apply to a political expenditure   made or authorized in violation of Subchapter C or F.          SECTION 3.  Section 253.005(b), Election Code, is amended to   read as follows:          (b)  This section does not apply to a political expenditure   that is:                (1)  prohibited by Section 253.101; or                (2)  made from a political contribution made in   violation of Subchapter C or F.          SECTION 4.  Chapter 253, Election Code, is amended by adding   Subchapter C to read as follows:   SUBCHAPTER C. CERTAIN CONTRIBUTION LIMITS          Sec. 253.051.  CONTRIBUTION LIMITS FOR INDIVIDUALS AND   CERTAIN POLITICAL COMMITTEES. (a)  An individual may not make   campaign contributions to a candidate or specific-purpose   committee for supporting the candidate in a primary, general, or   special election that exceed:                (1)  $8,000 for each candidate for governor;                (2)  $6,300 for each candidate for a statewide office   other than governor;                (3)  $4,600 for each candidate for the senate; and                (4)  $3,100 for each candidate for the house of   representatives.          (b)  A general-purpose committee may not make political   contributions to a candidate, officeholder, or specific-purpose   committee for supporting or assisting the candidate or officeholder   that exceed $34,500 per year for each candidate or officeholder.          Sec. 253.052.  CERTAIN POLITICAL EXPENDITURES INCLUDED IN   CONTRIBUTION LIMITS. (a)  A political expenditure made by an   individual or general-purpose committee in coordination with a   candidate or officeholder is a political contribution in support of   that candidate or officeholder for purposes of Section 253.051.          (b)  For purposes of Subsection (a), a political expenditure   is made in coordination with a candidate or officeholder if:                (1)  the candidate or officeholder engages in   fund-raising for the individual or general-purpose committee   making the expenditure;                (2)  the candidate or officeholder has family members   or high-level staff who are employed by the individual or committee   making the expenditure;                (3)  the expenditure was made based on information the   candidate or officeholder provided to the individual or committee   about the candidate's or officeholder's plans or needs;                (4)  the candidate or officeholder and the individual   or committee employ one or more of the same consultants; or                (5)  the individual or committee republishes or   redistributes the candidate's or officeholder's campaign   communications.          (c)  The commission shall adopt rules to implement this   section.          Sec. 253.053.  NONPROFIT FUND-RAISING NOT INCLUDED IN   CONTRIBUTION LIMITS. The contribution limits established by   Section 253.051 do not apply to fund-raising by a candidate or   officeholder on behalf of a nonprofit charitable organization,   provided that:                (1)  the candidate or officeholder does not receive any   benefit from the organization; and                (2)  the name or office of the candidate or   officeholder is not used by the organization.          Sec. 253.054.  CONTRIBUTIONS AT POLITICAL FUND-RAISING   EVENTS. (a) This section applies only to a fund-raising event   intended to benefit a candidate, officeholder, or specific-purpose   committee for supporting or assisting the candidate or officeholder   and that is hosted by a person other than the candidate,   officeholder, or committee.          (b)  A person who collects contributions at a fund-raising   event to which this section applies shall report to the commission:                (1)  the amount of each contribution and the name,   address, occupation, and employer of each individual who made a   contribution;                (2)  the date the fund-raising event occurred;                (3)  the total amount of contributions collected at the   fund-raising event;                (4)  the name of each candidate, officeholder, or   specific-purpose committee to which contributions collected at the   event were presented;                (5)  the amount of contributions presented to each   candidate, officeholder, or committee after the event; and                (6)  any other information the commission requires.          (c)  A contribution that is collected from an individual at a   fund-raising event to which this section applies and presented to a   candidate or specific-purpose committee for supporting the   candidate is a campaign contribution made by the individual for   purposes of Section 253.051(a).          (d)  The commission shall prescribe a form for a report   required under this section.          Sec. 253.055.  ADJUSTMENT FOR INFLATION. Not later than   December 1 of each year, the commission shall increase the   political contribution limits established by Section 253.051 by the   amount that results from applying the inflation rate, as determined   by the comptroller on the basis of the increase, if any, in the   Consumer Price Index for All Urban Consumers published by the   Bureau of Labor Statistics of the United States Department of   Labor, to the current contribution limits. The adjusted   contribution limits will be effective for the calendar year   following the adjustment.          Sec. 253.056.  OFFENSE: EXCESSIVE CONTRIBUTION. (a)  A   person commits an offense if the person knowingly makes   contributions in violation of Section 253.051 that exceed the   limitations provided by that section by $2,000 or more during a   calendar year.          (b)  Except as provided by Subsection (c), an offense under   this section is a misdemeanor punishable by:                (1)  a fine not to exceed:                      (A)  $100,000 for an individual; or                      (B)  $200,000 for a general-purpose committee;                (2)  confinement in jail for a term not to exceed one   year; or                (3)  both the fine and confinement.          (c)  If the contributions made in violation of Section   253.051 exceed the limitations provided by that section by $25,000   or more during a calendar year, an offense under this section is a   felony punishable by:                (1)  a fine not to exceed:                      (A)  $250,000 for an individual; or                      (B)  $500,000 for a general-purpose committee;                (2)  imprisonment in the Texas Department of Criminal   Justice for any term of not more than five years; or                (3)  both the fine and imprisonment.          SECTION 5.  Not later than December 1, 2023, the Texas Ethics   Commission shall adopt rules and prescribe forms as necessary to   implement Subchapter C, Chapter 253, Election Code, as added by   this Act.          SECTION 6.  The changes in law made by this Act apply only to   a contribution or expenditure made on or after the effective date of   this Act. A contribution or expenditure made before the effective   date of this Act is governed by the law in effect on the date the   contribution or expenditure was made, and the former law is   continued in effect for that purpose.          SECTION 7.  This Act takes effect January 1, 2024.