SB2035 - Relating to prohibiting contributions, expenditures, and related activities involving political committees that support or oppose a ballot measure; creating a criminal offense; providing a civil penalty.

      By: Hughes, et al. S.B. No. 2035     (Shaheen)           A BILL TO BE ENTITLED   AN ACT   relating to prohibiting contributions, expenditures, and related   activities involving political committees that support or oppose 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 POLITICAL   COMMITTEES THAT SUPPORT OR OPPOSE BALLOT MEASURE. (a)   In addition   to the information required by Section 252.002, a campaign   treasurer appointment by a political committee that supports or   opposes a ballot measure must include an affidavit certifying that   the committee, acting alone or jointly with, through, or on behalf   of another person, did not receive direct or indirect funding from a   foreign national, as defined by Section 253.201, for a preliminary   activity in connection with the ballot measure.           (b)     For purposes of this section, a preliminary activity in   connection with a ballot measure includes:                 (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)     incurring travel expenses 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 POLITICAL COMMITTEES THAT SUPPORT OR   OPPOSE 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 organized under the laws of the   United States, including the laws of each state of the United   States, that is wholly or mostly owned by a person described by   Paragraph (A), (B), (C), or (D).                 (3)  "Revenue" means:                       (A)     employment income, including any salary,   wages, allowances, overtime pay, pension, annuity, bonuses, or any   other monetary income a person receives as compensation for   employment or the provision of services;                       (B)  a gift; and                       (C)  an inheritance.           Sec.   253.202.     APPLICABILITY. (a) A reference in this   subchapter to a political committee means a political committee   that supports or opposes a ballot measure.           (b)     For purposes of this subchapter, a prohibition under   this chapter related to contributions from and expenditures by a   foreign national that is a person described by Section   253.201(3)(E) does not apply if:                 (1)     the contribution or expenditure is derived   entirely from money generated by the person's operations in the   United States; and                 (2)     all decisions related to the contribution or   expenditure are made by individuals who are United States citizens   or nationals, except for decisions on setting overall budget   amounts.           Sec.   253.203.     PROHIBITED CONTRIBUTIONS AND EXPENDITURES;   AFFIRMATION REQUIRED. (a) A political 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, directly or indirectly and other   than revenue, from one or more foreign nationals that in the   aggregate exceeds $100,000; or                 (3)     solicit a foreign national to make an expenditure   on the committee's behalf.           (b)     On receipt of a contribution by a political 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 other than   revenue from one or more foreign nationals that in the aggregate   exceeds $100,000.           (c)     For purposes of this section, a political committee that   solicits or accepts a contribution from a foreign national and has   accepted contributions from one or more foreign nationals that in   the aggregate exceed $100,000 during the preceding four-year period   is presumed to have knowingly solicited or accepted the   contribution in violation of Subsection (a).           Sec.   253.204.     PROHIBITED CONDUCT BY FOREIGN NATIONALS   RELATED TO CONTRIBUTIONS AND EXPENDITURES. (a) A foreign national   may not direct, dictate, control, or directly or indirectly   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.     CERTIFICATION REQUIREMENTS RELATED TO   CERTAIN CONTRIBUTIONS AND EXPENDITURES; CRIMINAL OFFENSE. (a) On   the filing of a report required by Chapter 254 by a political   committee or by a person that has made a direct campaign expenditure   to support or oppose a ballot measure, the committee or the person   shall certify to the commission, in the form and manner the   commission requires, that the committee or person:                 (1)     has not in the four years preceding the date on   which the expenditure was made knowingly accepted money other than   revenue from one or more foreign nationals 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   other than revenue from one or more foreign nationals that in the   aggregate exceeds $100,000.           (b)     A person commits an offense if the person vio [Text truncated for display. Full text available on LegiScan.]