HB189 - Relating to the filing with the Texas Ethics Commission of campaign treasurer appointments and reports of political contributions and political expenditures.

  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 c [Text truncated for display. Full text available on Congress.gov.]