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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of political contributions and |
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expenditures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.001, Election Code, is amended by |
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adding Subdivision (21) to read as follows: |
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(21) "In-kind contribution" means a contribution of |
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goods, services, or any other thing of value, except money. |
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SECTION 2. Sections 252.0011(c) and (d), Election Code, are |
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amended to read as follows: |
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(c) Subsection (a) does not apply to a person if, in any |
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quarterly [semiannual] reporting period prescribed by Chapter 254: |
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(1) the political committee in connection with which |
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the person's ineligibility arose did not accept political |
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contributions that in the aggregate exceed $2,500 [$5,000] or make |
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political expenditures that in the aggregate exceed $2,500 |
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[$5,000]; and |
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(2) the candidate who or political committee that |
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subsequently appoints the person does not accept political |
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contributions that in the aggregate exceed $2,500 [$5,000] or make |
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political expenditures that in the aggregate exceed $2,500 |
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[$5,000]. |
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(d) Subsection (c) applies to a person who is the campaign |
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treasurer of a general-purpose committee regardless of whether the |
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committee files monthly reports under Section 254.155. For |
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purposes of this subsection, political contributions accepted and |
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political expenditures made during a monthly reporting period are |
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aggregated with political contributions accepted and political |
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expenditures made in each other monthly reporting period that |
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corresponds to the quarterly [semiannual] reporting period that |
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contains those months. |
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SECTION 3. Section 254.031, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as otherwise provided by this chapter, each |
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report filed under this chapter must include: |
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(1) the amount of political contributions from each |
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person that in the aggregate exceed $50 and that are accepted during |
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the reporting period by the person or committee required to file a |
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report under this chapter, the full name and address of the person |
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making the contributions, and the dates of the contributions; |
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(2) the amount of loans that are made during the |
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reporting period for campaign or officeholder purposes to the |
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person or committee required to file the report and that in the |
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aggregate exceed $50, the dates the loans are made, the interest |
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rate, the maturity date, the type of collateral for the loans, if |
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any, the full name and address of the person or financial |
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institution making the loans, the full name and address, principal |
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occupation, and name of the employer of each guarantor of the loans, |
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the amount of the loans guaranteed by each guarantor, and the |
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aggregate principal amount of all outstanding loans as of the last |
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day of the reporting period; |
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(3) the amount of political expenditures that in the |
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aggregate exceed $100 and that are made during the reporting |
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period, the full name and address of the persons to whom the |
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expenditures are made, and the dates and purposes of the |
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expenditures; |
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(4) the amount of each payment made during the |
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reporting period from a political contribution if the payment is |
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not a political expenditure, the full name and address of the person |
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to whom the payment is made, and the date and purpose of the |
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payment; |
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(5) the total amount or a specific listing of the |
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political contributions of $50 or less accepted and the total |
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amount or a specific listing of the political expenditures of $100 |
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or less made during the reporting period; |
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(6) the total amount of all political contributions |
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accepted and the total amount of all political expenditures made |
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during the reporting period; |
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(7) the name of each candidate or officeholder who |
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benefits from a direct campaign expenditure made during the |
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reporting period by the person or committee required to file the |
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report, and the office sought or held, excluding a direct campaign |
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expenditure that is made by the principal political committee of a |
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political party on behalf of a slate of two or more nominees of that |
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party; |
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(8) as of the last day of a reporting period for which |
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the person is required to file a report, the difference obtained |
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from subtracting any payment for a political expenditure made |
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through a negotiable instrument, credit card, or similar method |
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that has not yet been processed from the total amount of political |
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contributions accepted and deposited, including interest or other |
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income on those contributions, maintained in one or more accounts |
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in which political contributions are deposited as of the last day of |
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the reporting period; |
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(9) any credit, interest, rebate, refund, |
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reimbursement, or return of a deposit fee resulting from the use of |
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a political contribution or an asset purchased with a political |
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contribution that is received during the reporting period and the |
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amount of which exceeds $100; |
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(10) any proceeds of the sale of an asset purchased |
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with a political contribution that is received during the reporting |
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period and the amount of which exceeds $100; |
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(11) any investment purchased with a political |
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contribution that is received during the reporting period and the |
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amount of which exceeds $100; |
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(12) any other gain from a political contribution that |
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is received during the reporting period and the amount of which |
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exceeds $100; [and] |
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(13) the full name and address of each person from whom |
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an amount described by Subdivision (9), (10), (11), or (12) is |
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received, the date the amount is received, and the purpose for which |
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the amount is received; |
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(14) the amount of in-kind political contributions |
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from each person that in the aggregate exceed $50 and that are used |
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or expended during the reporting period and the date and purpose of |
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such use or expenditure; and |
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(15) the amount of each bill or invoice that has been |
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assessed but for which payment has not yet been made. |
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(c) For purposes of Subsections (a)(3) and (4), the date of |
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an expenditure or payment made with a credit card is the date of the |
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purchase. |
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SECTION 4. Section 254.0401(a), Election Code, is amended |
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to read as follows: |
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(a) The commission shall make each report filed with the |
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commission under Section 254.036(b) available to the public on the |
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Internet as soon as practicable after [not later than the second
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business day after the date] the report is filed. |
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SECTION 5. Section 254.0405, Election Code, is amended to |
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read as follows: |
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Sec. 254.0405. AMENDMENT OF FILED REPORT. (a) A person |
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who files a quarterly or semiannual report under this chapter may |
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amend the report. |
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(b) A quarterly or semiannual report that is amended before |
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the eighth day after the date the original report was filed is |
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considered to have been filed on the date on which the original |
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report was filed. |
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(c) A quarterly or semiannual report that is amended on or |
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after the eighth day after the original report was filed is |
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considered to have been filed on the date on which the original |
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report was filed if: |
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(1) the amendment is made before any complaint is |
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filed with regard to the subject of the amendment; and |
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(2) the original report was made in good faith and |
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without an intent to mislead or to misrepresent the information |
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contained in the report. |
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SECTION 6. Section 254.041(d), Election Code, is amended to |
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read as follows: |
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(d) It is an exception to the application of Subsection |
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(a)(3) that: |
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(1) the information was required to be included in a |
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quarterly or semiannual report; and |
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(2) the person amended the report within the time |
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prescribed by Section 254.0405(b) or under the circumstances |
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described by Section 254.0405(c). |
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SECTION 7. Section 254.063, Election Code, is amended to |
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read as follows: |
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Sec. 254.063. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE |
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FOR CANDIDATE. (a) A candidate shall file four [two] reports for |
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each year as provided by this section. |
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(b) The first report shall be filed not later than April |
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[July] 15. The report covers the period beginning January 1, the |
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day the candidate's campaign treasurer appointment is filed, or the |
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first day after the period covered by the last report required to be |
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filed under this subchapter, as applicable, and continuing through |
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March 31 [June 30]. |
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(c) The second report shall be filed not later than July |
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[January] 15. The report covers the period beginning April [July] |
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1, the day the candidate's campaign treasurer appointment is filed, |
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or the first day after the period covered by the last report |
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required to be filed under this subchapter, as applicable, and |
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continuing through June 30 [December 31]. |
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(d) The third report shall be filed not later than October |
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15. The report covers the period beginning July 1, the day the |
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candidate's campaign treasurer appointment is filed, or the first |
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day after the period covered by the last report required to be filed |
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under this subchapter, as applicable, and continuing through |
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September 30. |
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(e) The fourth report shall be filed not later than January |
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15. The report covers the period beginning October 1, the day the |
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candidate's campaign treasurer appointment is filed, or the first |
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day after the period covered by the last report required to be filed |
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under this subchapter, as applicable, and continuing through |
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December 31. |
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SECTION 8. Section 254.123, Election Code, is amended to |
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read as follows: |
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Sec. 254.123. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE |
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FOR COMMITTEE. (a) The campaign treasurer of a specific-purpose |
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committee shall file four [two] reports for each year as provided by |
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this section. |
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(b) The first report shall be filed not later than April |
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[July] 15. The report covers the period beginning January 1, the |
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day the committee's campaign treasurer appointment is filed, or the |
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first day after the period covered by the last report required to be |
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filed under this subchapter, as applicable, and continuing through |
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March 31 [June 30]. |
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(c) The second report shall be filed not later than July |
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[January] 15. The report covers the period beginning April [July] |
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1, the day the committee's campaign treasurer appointment is filed, |
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or the first day after the period covered by the last report |
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required to be filed under this subchapter, as applicable, and |
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continuing through June 30 [December 31]. |
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(d) The third report shall be filed not later than October |
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15. The report covers the period beginning July 1, the day the |
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committee's campaign treasurer appointment is filed, or the first |
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day after the period covered by the last report required to be filed |
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under this subchapter, as applicable, and continuing through |
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September 30. |
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(e) The fourth report shall be filed not later than January |
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15. The report covers the period beginning October 1, the day the |
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committee's campaign treasurer appointment is filed, or the first |
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day after the period covered by the last report required to be filed |
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under this subchapter, as applicable, and continuing through |
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December 31. |
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SECTION 9. Section 254.153, Election Code, is amended to |
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read as follows: |
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Sec. 254.153. QUARTERLY [SEMIANNUAL] REPORTING SCHEDULE |
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FOR COMMITTEE. (a) The campaign treasurer of a general-purpose |
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committee shall file four [two] reports for each year as provided by |
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this section. |
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(b) The first report shall be filed not later than April |
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[July] 15. The report covers the period beginning January 1, the |
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day the committee's campaign treasurer appointment is filed, or the |
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first day after the period covered by the last report required to be |
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filed under this subchapter, as applicable, and continuing through |
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March 31 [June 30]. |
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(c) The second report shall be filed not later than July |
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[January] 15. The report covers the period beginning April [July] |
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1, the day the committee's campaign treasurer appointment is filed, |
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or the first day after the period covered by the last report |
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required to be filed under this subchapter, as applicable, and |
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continuing through June 30 [December 31]. |
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(d) The third report shall be filed not later than October |
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15. The report covers the period beginning July 1, the day the |
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committee's campaign treasurer appointment is filed, or the first |
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day after the period covered by the last report required to be filed |
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under this subchapter, as applicable, and continuing through |
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September 30. |
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(e) The fourth report shall be filed not later than January |
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15. The report covers the period beginning October 1, the day the |
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committee's campaign treasurer appointment is filed, or the first |
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day after the period covered by the last report required to be filed |
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under this subchapter, as applicable, and continuing through |
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December 31. |
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SECTION 10. Section 254.184(b), Election Code, is amended |
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to read as follows: |
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(b) A candidate or committee filing under this subchapter is |
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not required to file any reports of political contributions and |
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political expenditures other than the quarterly [semiannual] |
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reports required to be filed not later than April 15, July 15, |
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October 15, and January 15. |
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SECTION 11. Section 254.0401(f), Election Code, is |
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repealed. |
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SECTION 12. This Act takes effect January 1, 2016. |