89R3456 CJD-F     By: Vasut H.B. No. 189       A BILL TO BE ENTITLED   AN ACT   relating to the filing with the Texas Ethics Commission of campaign   treasurer appointments and reports of political contributions and   political expenditures.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 252.002(b), Election Code, is amended to   read as follows:          (b)  A political committee [that files its campaign   treasurer appointment with the commission] must notify the   commission in writing of any change in the campaign treasurer's   address not later than the 10th day after the date on which the   change occurs.          SECTION 2.  Sections 252.0031(a) and (b), Election Code, are   amended to read as follows:          (a)  In addition to the information required by Section   252.002, a campaign treasurer appointment by a specific-purpose   committee for supporting or opposing a candidate for a statewide   [an] office, a district office filled by voters of more than one   county, a judicial district office filled by voters of only one   county, state senator, state representative, or the State Board of   Education [specified by Section 252.005(1)] must include:                (1)  the name of and the office sought by the candidate;   and                (2)  before the committee may use a political   contribution from a corporation or a labor organization to make a   direct campaign expenditure in connection with a campaign for an   elective office, an affidavit stating that:                      (A)  the committee is not established or   controlled by a candidate or an officeholder; and                      (B)  the committee will not use any political   contribution from a corporation or a labor organization to make a   political contribution to:                            (i)  a candidate for elective office;                            (ii)  an officeholder; or                            (iii)  a political committee that has not   filed an affidavit under this subdivision or Section 252.003(a)(4).          (b)  The name of a specific-purpose committee for supporting   a candidate for an office specified by Subsection (a) [Section   252.005(1)] must include the name of the candidate that the   committee supports.          SECTION 3.  Section 252.005, Election Code, is amended to   read as follows:          Sec. 252.005.  [AUTHORITY WITH WHOM] APPOINTMENT FILED WITH   COMMISSION [: CANDIDATE]. Each candidate and political committee   [An individual] must file a campaign treasurer appointment [for the   individual's own candidacy] with[:                [(1)]  the commission[, if the appointment is made for   candidacy for:                      [(A)  a statewide office;                      [(B)  a district office filled by voters of more   than one county;                      [(C)  a judicial district office filled by voters   of only one county;                      [(D)  state senator;                      [(E)  state representative; or                      [(F)  the State Board of Education;                [(2)  the county clerk, if the appointment is made for   candidacy for a county office, a precinct office, or a district   office other than one included in Subdivision (1);                [(3)  the clerk or secretary of the governing body of   the political subdivision or, if the political subdivision has no   clerk or secretary, with the governing body's presiding officer, if   the appointment is made for candidacy for an office of a political   subdivision other than a county;                [(4)  the county clerk if:                      [(A)  the appointment is made for candidacy for an   office of a political subdivision other than a county;                      [(B)  the governing body for the political   subdivision has not been formed; and                      [(C)  no boundary of the political subdivision   crosses a boundary of the county; or                [(5)  the commission if:                      [(A)  the appointment is made for candidacy for an   office of a political subdivision other than a county;                      [(B)  the governing body for the political   subdivision has not been formed; and                      [(C)  the political subdivision is situated in   more than one county].          SECTION 4.  Section 252.011(a), Election Code, is amended to   read as follows:          (a)  A campaign treasurer appointment takes effect at the   time it is filed with the commission [authority specified by this   chapter].          SECTION 5.  Section 252.012(c), Election Code, is amended to   read as follows:          (c)  If the campaign treasurer of a [specific-purpose]   political committee [required to file its campaign treasurer   appointment with the commission or of a general-purpose political   committee] is removed by the committee, the departing campaign   treasurer shall immediately file written notification of the   termination of appointment with the commission.          SECTION 6.  Section 252.013(c), Election Code, is amended to   read as follows:          (c)  If the campaign treasurer of a [specific-purpose]   political committee [required to file its campaign treasurer   appointment with the commission or of a general-purpose political   committee] resigns or otherwise vacates the position, the campaign   treasurer shall immediately file written notification of the   vacancy with the commission.          SECTION 7.  Section 252.0131, Election Code, is amended to   read as follows:          Sec. 252.0131.  TERMINATION OF CAMPAIGN TREASURER   APPOINTMENT. (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   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)  has never filed or has ceased to file reports under   Chapter 254;                (2)  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 commission [authority who is seeking   to terminate the candidate's campaign treasurer appointment]; and                (3)  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 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 8.  Section 252.014, Election Code, is amended to   read as follows:          Sec. 252.014.  PRESERVATION OF FILED APPOINTMENTS. The   commission [authority with whom a campaign treasurer appointment is   filed under this chapter] shall preserve campaign treasurer   appointments filed under this chapter [the appointment] for two   years after the date the appointment is terminated.          SECTION 9.  Section 252.015(a), Election Code, is amended to   read as follows:          (a)  Each specific-purpose committee for supporting or   opposing a candidate for a statewide office, a district office   filled by voters of more than one county, a judicial district office   filled by voters of only one county, state senator, state   representative, or the State Board of Education, [an office   specified by Section 252.005(1)] or a statewide or district   measure, and each general-purpose committee may appoint an   assistant campaign treasurer by written appointment filed with the   commission.          SECTION 10.  Section 253.031(c), Election Code, is amended   to read as follows:          (c)  A political committee may not knowingly make or   authorize a campaign contribution or campaign expenditure   supporting or opposing a candidate for a statewide office, a   district office filled by voters of more than one county, a judicial   district office filled by voters of only one county, state senator,   state representative, or the State Board of Education [an office   specified by Section 252.005(1)] in a primary or general election   unless the committee's campaign treasurer appointment has been   filed not later than the 30th day before the appropriate election   day.          SECTION 11.  Sections 254.036(a), (c), (e), (g), and (i),   Election Code, are amended to read as follows:          (a)  Each report filed under this chapter [with an authority   other than the commission must be in a format prescribed by the   commission.  A report filed] with the commission that is not   required to be filed by computer diskette, modem, or other means of   electronic transfer must be on a form prescribed by the commission   and written in black ink or typed with black typewriter ribbon or,   if the report is a computer printout, the printout must conform to   the same format and paper size as the form prescribed by the   commission.          (c)  A candidate, officeholder, or political committee [that   is required to file reports with the commission] may file reports   that comply with Subsection (a) if:                (1)  the candidate, officeholder, or campaign   treasurer of the committee files with the commission an affidavit   stating that the candidate, officeholder, or committee, an agent of   the candidate, officeholder, or committee, or a person with whom   the candidate, officeholder, or committee contracts does not use   computer equipment to keep the current records of political   contributions, political expenditures, or persons making political   contributions to the candidate, officeholder, or committee; and                (2)  the candidate, officeholder, or committee does   not, in a calendar year, accept political contributions that in the   aggregate exceed $20,000 or make political expenditures that in the   aggregate exceed $20,000.          (e)  A candidate for an office of a political subdivision,   other than a county, that has not formed a governing body and is   situated in more than one county [described by Section 252.005(5)]   or a specific-purpose committee for supporting or opposing only   candidates for an office described by this subsection [Section   252.005(5)] or a measure concerning a political subdivision   described by this subsection [Section 252.007(5)] may file reports   that comply with Subsection (a).          (g)  In prescribing the format of a report filed under this   chapter[, including a report filed with an authority other than the   commission under Subsection (a),] the commission shall ensure that   the report requires for political expenditures made with a credit   card that:                (1)  the expenditures be reported in a single itemized   list; and                (2)  the list include, stated by credit card issuer:                      (A)  the name of the credit card issuer;                      (B)  the date and amount of each expenditure; and                      (C)  the date the credit card issuer was repaid   for the expenditure.          (i)  Each person required to file reports [with the   commission] that comply with Subsection (b) shall file with the   commission a written statement providing the manner of electronic   transfer that the person will use to file the report. A statement   under this subsection must be filed not later than the 30th day   before the filing deadline for the first report a person is required   to file under Subsection (b). A person who intends to change the   manner of filing described by the person's most recent statement   shall notify the commission of the change not later than the 30th   day before the filing deadline for the report to which the change   applies. If a person does not file a statement under this   subsection, the commission may accept as authentic a report filed   in any manner that complies with Subsection (b). If the commission   receives a report that is not filed in the manner described by the   person's most recent statement under this subsection, the   commission shall promptly notify the person in writing that the   commission has received a report filed in a different manner than   expected.          SECTION 12.  Section 254.038(a), Election Code, is amended   to read as follows:          (a)  In addition to other reports required by this chapter,   the following persons shall file additional reports during the   period beginning the ninth day before election day and ending at 12   noon on the day before election day:                (1)  a candidate for a statewide office, a district   office filled by voters of more than one county, a judicial district   office filled by voters of only one county, state senator, state   representative, or the State Board of Education [an office   specified by Section 252.005(1)] who accepts political   contributions from a person that in the aggregate exceed $1,000   during that reporting period; and                (2)  a specific-purpose committee for supporting or   opposing a candidate described by Subdivision (1) and that accepts   political contributions from a person that in the aggregate exceed   $1,000 during that reporting period.          SECTION 13.  Subchapter B, Chapter 254, Election Code, is   amended by adding Section 254.0395 to read as follows:          Sec. 254.0395.  AUTHORITY WITH WHOM REPORTS FILED. A person   required to file a report under this chapter shall file the report   with the commission.          SECTION 14.  Section 254.040(a), Election Code, is amended   to read as follows:          (a)  Each report filed under this chapter shall be preserved   by the commission [authority with whom it is filed] for at least two   years after the date it is filed.          SECTION 15.  Section 254.0401(g), Election Code, is amended   to read as follows:          (g)  Electronic report data saved in a temporary storage   location [of the authority with whom the report is filed] for later   retrieval and editing before the report is filed is confidential   and may not be disclosed.  After the report is filed [with the   authority], the information disclosed in the filed report is public   information to the extent provided by this title.          SECTION 16.  Section 254.0402(a), Election Code, is amended   to read as follows:          (a)  Notwithstanding Section 552.222(a), Government Code,   the commission [authority with whom a report is filed under this   chapter] may not require a person examining a [the] report filed   under this chapter to provide any information or identification.          SECTION 17.  Section 254.043(a), Election Code, is amended   to read as follows:          (a)  This section applies only to[:                [(1)]  a person required to file reports under this   chapter with the commission[; or                [(2)  a person required to file reports under this   chapter with an authority other than the commission in connection   with an office of a political subdivision in a county with a   population of at least 500,000].          SECTION 18.  Sections 254.064(b), (c), (d), and (e),   Election Code, are amended to read as follows:          (b)  The first report must be received by the commission   [authority with whom the report is required to be filed] not later   than the 30th day before election day. The report covers the period   beginning the day the candidate's campaign treasurer appointment is   filed or the first day after the period covered by the last report   required to be filed under this chapter, as applicable, and   continuing through the 40th day before election day.          (c)  The second report must be received by the commission   [authority with whom the report is required to be filed] not later   than the eighth day before election day. The report covers the   period beginning the 39th day before election day and continuing   through the 10th day before election day.          (d)  If a person becomes an opposed candidate after a   reporting period prescribed by Subsection (b) or (c), the person's   first report must be received by the commission [authority with   whom the report is required to be filed] not later than the regular   deadline for the report covering the period during which the person   becomes an opposed candidate. The period covered by the first   report begins the day the candidate's campaign treasurer   appointment is filed.          (e)  In addition to other required reports, an opposed   candidate in a runoff election shall file one report for that   election. The runoff election report must be received by the   commission [authority with whom the report is required to be filed]   not later than the eighth day before runoff election day. The   report covers the period beginning the ninth day before the date of   the main election and continuing through the 10th day before runoff   election day.          SECTION 19.  Sections 254.124(b), (c), (d), and (e),   Election Code, are amended to read as follows:          (b)  The first report must be received by the commission   [authority with whom the report is required to be filed] not later   than the 30th day before election day.  The report covers the period   beginning the day the committee's campaign treasurer appointment is   filed or the first day after the period covered by the committee's   last required report, as applicable, and continuing through the   40th day before election day.          (c)  The second report must be received by the commission   [authority with whom the report is required to be filed] not later   than the eighth day before election day.  The report covers the   period beginning the 39th day before election day and continuing   through the 10th day before election day.          (d)  If a specific-purpose committee supports or opposes a   candidate or measure in an election after a reporting period   prescribed by Subsection (b) or (c), the first report must be   received by the commission [authority with whom the report is   required to be filed] not later than the regular deadline for the   report covering the period during which the committee becomes   involved in the election.  The period covered by the first report   begins the day the committee's campaign treasurer appointment is   filed or the first day after the period covered by the committee's   last required report, as applicable.          (e)  In addition to other required reports, the campaign   treasurer of a specific-purpose committee that supports or opposes   a candidate in a runoff election shall file one report for the   runoff election.  The runoff election report must be received by the   commission [authority with whom the report is required to be filed]   not later than the eighth day before runoff election day.  The   report covers the period beginning the ninth day before the date of   the main election and continuing through the 10th day before runoff   election day.          SECTION 20.  Section 254.129(a), Election Code, is amended   to read as follows:          (a)  If a specific-purpose committee changes its operation   and becomes a general-purpose committee, the committee's campaign   treasurer shall deliver written notice of the change in status to   the commission [authority with whom the specific-purpose   committee's reports under this chapter are required to be filed].          SECTION 21.  Sections 254.154(b), (c), (d), and (e),   Election Code, are amended to read as follows:          (b)  The first report must be received by the commission   [authority with whom the report is required to be filed] not later   than the 30th day before election day.  The report covers the period   beginning the day the committee's campaign treasurer appointment is   filed or the first day after the period covered by the committee's   last required report, as applicable, and continuing through the   40th day before election day.          (c)  The second report must be received by the commission   [authority with whom the report is required to be filed] not later   than the eighth day before election day.  The report covers the   period beginning the 39th day before election day and continuing   through the 10th day before election day.          (d)  If a general-purpose committee becomes involved in an   election after a reporting period prescribed by Subsection (b) or   (c), the first report must be received by the commission [authority   with whom the report is required to be filed] not later than the   regular deadline for the report covering the period during which   the committee becomes involved in the election.  The period covered   by the first report begins the day the committee's campaign   treasurer appointment is filed or the first day after the period   covered by the committee's last required report, as applicable.          (e)  In addition to other required reports, the campaign   treasurer of a general-purpose committee involved in a runoff   election shall file one report for the runoff election.  The runoff   election report must be received by the commission [authority with   whom the report is required to be filed] not earlier than the 10th   day or later than the eighth day before runoff election day.  The   report covers the period beginning the ninth day before the date of   the main election and continuing through the 10th day before runoff   election day.          SECTION 22.  Section 254.157(a), Election Code, is amended   to read as follows:          (a)  The campaign treasurer of a general-purpose committee   filing monthly reports shall file a report not later than the fifth   day of the month following the period covered by the report.  A   report covering the month preceding an election in which the   committee is involved must be received by the commission [authority   with whom the report is required to be filed] not later than the   fifth day of the month following the period covered by the report.          SECTION 23.  Section 254.202(b), Election Code, is amended   to read as follows:          (b)  The report shall be filed with the commission [authority   with whom the person's campaign treasurer appointment was required   to be filed].          SECTION 24.  Section 254.205(b), Election Code, is amended   to read as follows:          (b)  The report shall be filed with the commission [authority   with whom the person's campaign treasurer appointment was required   to be filed].          SECTION 25.  Section 571.079(a), Government Code, is amended   to read as follows:          (a)  Not later than the 15th day after the date on which an   application for a place on the general primary election ballot or   for nomination by convention is required to be filed, the   commission shall post on its Internet website:                (1)  the name and address of each candidate for a   statewide office, a district office filled by voters of more than   one county, a judicial district office filled by voters of only one   county, state senator, state representative, or the State Board of   Education [an office specified by Section 252.005(1), Election   Code,] who has failed to pay a civil penalty imposed by the   commission for failure to file with the commission a required   report or statement under Chapter 254, Election Code, or Chapter   572; and                (2)  for each candidate listed under Subdivision (1),   the amount of the penalty imposed and the amount paid, if any.          SECTION 26.  The following provisions of the Election Code   are repealed:                (1)  Section 252.006;                (2)  Section 252.007;                (3)  Section 252.008;                (4)  Section 252.009;                (5)  Section 252.010;                (6)  Section 254.036(f);                (7)  Sections 254.0401(b) and (e-1);                (8)  Section 254.066;                (9)  Section 254.095;                (10)  Section 254.097;                (11)  Section 254.129(c);                (12)  Section 254.130; and                (13)  Section 254.163.          SECTION 27.  The changes in law made by this Act apply only   to a campaign treasurer appointment required to be filed under   Chapter 252, Election Code, or a report required to be filed under   Chapter 254, Election Code, on or after the effective date of this   Act. A campaign treasurer appointment or report required to be   filed before the effective date of this Act is subject to the law in   effect at the time the appointment or report was filed, and the   former law is continued in effect for that purpose.          SECTION 28.  This Act takes effect January 1, 2026.