HB2981 - Relating to prohibiting contributions, expenditures, and related activities involving a specific-purpose committee for supporting or opposing a ballot measure; creating a criminal offense; providing a civil penalty.

  89R8217 CJD-D     By: Leo Wilson H.B. No. 2981       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting contributions, expenditures, and related   activities involving a specific-purpose committee for supporting   or opposing a ballot measure; creating a criminal offense;   providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.014(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A person may appeal from an interlocutory order of a   district court, county court at law, statutory probate court, or   county court that:                (1)  appoints a receiver or trustee;                (2)  overrules a motion to vacate an order that   appoints a receiver or trustee;                (3)  certifies or refuses to certify a class in a suit   brought under Rule 42 of the Texas Rules of Civil Procedure;                (4)  grants or refuses a temporary injunction or grants   or overrules a motion to dissolve a temporary injunction as   provided by Chapter 65;                (5)  denies a motion for summary judgment that is based   on an assertion of immunity by an individual who is an officer or   employee of the state or a political subdivision of the state;                (6)  denies a motion for summary judgment that is based   in whole or in part upon a claim against or defense by a member of   the electronic or print media, acting in such capacity, or a person   whose communication appears in or is published by the electronic or   print media, arising under the free speech or free press clause of   the First Amendment to the United States Constitution, or Article   I, Section 8, of the Texas Constitution, or Chapter 73;                (7)  grants or denies the special appearance of a   defendant under Rule 120a, Texas Rules of Civil Procedure, except   in a suit brought under the Family Code;                (8)  grants or denies a plea to the jurisdiction by a   governmental unit as that term is defined in Section 101.001;                (9)  denies all or part of the relief sought by a motion   under Section 74.351(b), except that an appeal may not be taken from   an order granting an extension under Section 74.351;                (10)  grants relief sought by a motion under Section   74.351(l);                (11)  denies a motion to dismiss filed under Section   90.007;                (12)  denies a motion to dismiss filed under Section   27.003;                (13)  denies a motion for summary judgment filed by an   electric utility regarding liability in a suit subject to Section   75.0022;                (14)  denies a motion filed by a municipality with a   population of 500,000 or more in an action filed under Section   54.012(6) or 214.0012, Local Government Code;                (15)  makes a preliminary determination on a claim   under Section 74.353;                (16)  overrules an objection filed under Section   148.003(d) or denies all or part of the relief sought by a motion   under Section 148.003(f); [ or ]                (17)  grants or denies a motion for summary judgment   filed by a contractor based on Section 97.002 ; or                 (18)     makes a determination of probable cause under   Section 253.206(b), Election Code .          SECTION 2.  Chapter 252, Election Code, is amended by adding   Section 252.0033 to read as follows:           Sec.   252.0033.     CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE   COMMITTEE FOR SUPPORTING OR OPPOSING BALLOT MEASURE. In addition   to the information required by Section 252.002, a campaign   treasurer appointment by a specific-purpose committee for   supporting or opposing a ballot measure must include an affidavit   certifying that the committee did not receive direct or indirect   funding from a foreign national, as defined by Section 253.201,   for:                 (1)     conducting a poll or focus group on the ballot   measure;                 (2)  drafting sample ballot measure language;                 (3)     making telephone calls in relation to the ballot   measure; or                 (4)     travel expenses incurred in relation to the ballot   measure.          SECTION 3.  Chapter 253, Election Code, is amended by adding   Subchapter G to read as follows:   SUBCHAPTER G. RESTRICTIONS ON CONTRIBUTIONS, EXPENDITURES, AND   RELATED ACTIVITIES INVOLVING SPECIFIC-PURPOSE COMMITTEE FOR   SUPPORTING OR OPPOSING BALLOT MEASURE           Sec. 253.201.  DEFINITIONS. In this subchapter:                 (1)     "Directly or indirectly" means, with respect to an   act by a person, the person acting alone or jointly with, through,   or on behalf of another person.                 (2)  "Foreign national" means:                       (A)     an individual who is not a United States   citizen or national;                         (B)     a government of a foreign country or of a   political subdivision of a foreign country;                       (C)  a foreign political party;                       (D)     a person that is organized under the law of or   has the person's principal place of business in a foreign country;   and                       (E)     a person that is wholly or primarily owned by   a person described by Paragraph (A), (B), (C), or (D).           Sec.   253.202.     APPLICABILITY. (a) This subchapter applies   only to a specific-purpose committee for supporting or opposing a   ballot measure.           (b)     For purposes of this subchapter, a prohibition under   this chapter related to contributions and expenditures by a foreign   national that is a person wholly or primarily owned by a person   described by Section 253.201(2)(A), (B), (C), or (D) does not apply   if:                 (1)     the contribution or expenditure is derived   entirely from money generated in the United States; and                 (2)     each decision related to the contribution or   expenditure, other than a decision on setting overall contribution   or expenditure budget amounts, is made by an individual who is a   United States citizen or national.           Sec.   253.203.     PROHIBITED CONTRIBUTIONS AND EXPENDITURES;   AFFIRMATION REQUIRED. (a) A specific-purpose committee may not   knowingly and directly or indirectly:                 (1)     solicit or accept a contribution from a foreign   national;                 (2)     solicit or accept a contribution from a person   that in the four years preceding the date on which the contribution   is made knowingly accepted money from foreign nationals for a   political purpose that in the aggregate exceeds $100,000;                 (3)  make an expenditure to a foreign national; or                 (4)     solicit a foreign national to make an expenditure   on the committee's behalf.           (b)     On receipt of a contribution by a specific-purpose   committee, the committee shall obtain from the person making the   contribution a written affirmation that the person:                 (1)  is not a foreign national; and                 (2)     has not in the four years preceding the date on   which the contribution is made knowingly accepted money from   foreign nationals for a political purpose that in the aggregate   exceeds $100,000.           Sec.   253.204.     PROHIBITED CONDUCT BY FOREIGN NATIONALS   RELATED TO CONTRIBUTIONS AND EXPENDITURES. (a) A foreign national   may not direct, dictate, control, or directly participate in a   person's decision-making process with regard to influencing a   ballot measure, including the person's decision to make a   contribution or expenditure to influence a ballot measure.           (b)     A foreign national may not directly or indirectly   solicit the making by a person of a donation, contribution, or   expenditure to influence a ballot measure.           Sec.   253.205.     RECORDKEEPING AND CERTIFICATION REQUIREMENTS   RELATED TO CERTAIN CONTRIBUTIONS AND EXPENDITURES; CRIMINAL   OFFENSE. (a) A person that makes a contribution or an expenditure   to support or oppose a specific-purpose committee shall maintain a   record of the contribution or expenditure until the second   anniversary of the date the contribution or expenditure is made.           (b)     Not later than 48 hours after a person makes an   expenditure to support or oppose a ballot measure, the person shall   certify to the commission, in the form and manner the commission   requires, that the person:                 (1)     has not in the four years preceding the date on   which the expenditure is made knowingly accepted money from foreign   nationals for a political purpose that in the aggregate exceeds   $100,000; and                 (2)     will not for the remainder of the year during which   the ballot measure will appear on the ballot knowingly accept money   from foreign nationals for a political purpose that in the   aggregate exceeds $100,000.           (c)     A person commits an offense if the person violates this   section. An offense under this section is a Class B misdemeanor.           Sec.   253.206.     ENFORCEMENT. (a) The commission may bring a   civil action to enforce this subchapter.           (b)     Before discovery in an action brought under this   section, the court must hold a hearing to determine if there is   probable cause to believe that a person has violated this   subchapter.           (c)     If, after the hearing required by Subsection (b), the   court determines that:                 (1)     probable cause does not exist to believe that a   violation of this subchapter occurred, the court shall dismiss the   action with prejudice; or                 (2)     probable cause exists to believe that a violation   of this subchapter occurred, the court shall:                       (A)  enter an order stating the court [Text truncated for display. Full text available on Congress.gov.]