88R10743 CJD-D     By: Schofield H.B. No. 4290       A BILL TO BE ENTITLED   AN ACT   relating to restrictions on political contributions by   out-of-state contributors; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 253, Election Code, is   amended by adding Section 253.044 to read as follows:          Sec. 253.044.  POLITICAL CONTRIBUTION LIMITS RELATED TO   OUT-OF-STATE CONTRIBUTORS; CRIMINAL OFFENSE. (a) In this section,   "out-of-state contributor" means:                (1)  a person with a principal address that is located   outside this state who makes a political contribution;                (2)  a political committee that, during the preceding   reporting period under Chapter 254, accepted political   contributions from persons described by Subdivision (1) in an   amount equal to or greater than 50 percent of the overall   contributions accepted by the committee during that reporting   period; and                (3)  an out-of-state political committee.          (b)  A candidate, an officeholder, or a political committee   for supporting or opposing a measure may not knowingly accept, for   an election in which the candidate's or officeholder's name or the   measure appears on the ballot, as applicable:                (1)  a political contribution from an out-of-state   contributor in an amount that exceeds $1,000; or                (2)  political contributions from multiple   out-of-state contributors that in the aggregate exceed $10,000.          (c)  An out-of-state contributor may not make:                (1)  a political contribution to a candidate, an   officeholder, or a political committee for supporting or opposing a   measure, for an election in which the candidate's or officeholder's   name or the measure appears on the ballot, as applicable, in an   amount that exceeds $1,000; or                (2)  political contributions from multiple   out-of-state contributors that in the aggregate exceed $10,000.          (d)  A person who accepts a political contribution in   violation of Subsection (b) shall return the contribution to the   out-of-state contributor not later than the later of:                (1)  the last day of the reporting period under Chapter   254 during which the contribution was accepted; or                (2)  the fifth day after the date the contribution was   accepted.          (e)  In addition to returning the political contribution   under Subsection (d), a person who accepts a political contribution   in violation of Subsection (b) must:                (1)  if the person is a candidate or officeholder,   remit an amount equal to the contribution to each opponent of the   candidate or officeholder in the election for which the   contribution was made or, if the candidate or officeholder was   unopposed in the election or the election has been held, the county   executive committee for each opposing political party of the county   in which the candidate or officeholder resides; or                (2)  if the person is a political committee, remit an   amount equal to the contribution to a political committee that   holds the opposite position on the measure for which the   contribution was made or, if there is no political committee that   holds the opposite position or the election on the measure has been   held, the county executive committee for each political party that   held the opposite position on the measure of the county in which the   political committee primarily operates.          (f)  A person required to remit a political contribution   under Subsection (e) to a county executive committee shall remit   the contribution not later than the 30th day after the date of the   election for which the contribution was made.          (g)  An out-of-state contributor who makes a political   contribution in violation of Subsection (c) or a person who fails to   return or remit a political contribution in violation of Subsection   (d) or (e) commits an offense. An offense under this subsection is   a felony of the third degree.          (h)  To the extent of a conflict between this section and   another law, this section controls.          (i)  The commission shall adopt rules as necessary to   implement this section.          SECTION 2.  Section 253.044, Election Code, as added by this   Act, applies only to a political contribution made on or after the   effective date of this Act. A contribution made before the   effective date of this Act is governed by the law in effect when the   contribution was made and is not aggregated with contributions made   on or after that date.          SECTION 3.  This Act takes effect September 1, 2023.