CHAPTER 251. GENERAL PROVISIONS - Texas Statutes

ELECTION CODE

TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS

CHAPTER 251. GENERAL PROVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 251.001. DEFINITIONS. In this title:

(1) "Candidate" means a person who knowingly and willingly takes

affirmative action for the purpose of gaining nomination or

election to public office or for the purpose of satisfying

financial obligations incurred by the person in connection with

the campaign for nomination or election. Examples of affirmative

action include:

(A) the filing of a campaign treasurer appointment, except that

the filing does not constitute candidacy or an announcement of

candidacy for purposes of the automatic resignation provisions of

Article XVI, Section 65, or Article XI, Section 11, of the Texas

Constitution;

(B) the filing of an application for a place on a ballot;

(C) the filing of an application for nomination by convention;

(D) the filing of a declaration of intent to become an

independent candidate or a declaration of write-in candidacy;

(E) the making of a public announcement of a definite intent to

run for public office in a particular election, regardless of

whether the specific office is mentioned in the announcement;

(F) before a public announcement of intent, the making of a

statement of definite intent to run for public office and the

soliciting of support by letter or other mode of communication;

(G) the soliciting or accepting of a campaign contribution or

the making of a campaign expenditure; and

(H) the seeking of the nomination of an executive committee of a

political party to fill a vacancy.

(2) "Contribution" means a direct or indirect transfer of money,

goods, services, or any other thing of value and includes an

agreement made or other obligation incurred, whether legally

enforceable or not, to make a transfer. The term includes a loan

or extension of credit, other than those expressly excluded by

this subdivision, and a guarantee of a loan or extension of

credit, including a loan described by this subdivision. The term

does not include:

(A) a loan made in the due course of business by a corporation

that is legally engaged in the business of lending money and that

has conducted the business continuously for more than one year

before the loan is made; or

(B) an expenditure required to be reported under Section

305.006(b), Government Code.

(3) "Campaign contribution" means a contribution to a candidate

or political committee that is offered or given with the intent

that it be used in connection with a campaign for elective office

or on a measure. Whether a contribution is made before, during,

or after an election does not affect its status as a campaign

contribution.

(4) "Officeholder contribution" means a contribution to an

officeholder or political committee that is offered or given with

the intent that it be used to defray expenses that:

(A) are incurred by the officeholder in performing a duty or

engaging in an activity in connection with the office; and

(B) are not reimbursable with public money.

(5) "Political contribution" means a campaign contribution or an

officeholder contribution.

(6) "Expenditure" means a payment of money or any other thing of

value and includes an agreement made or other obligation

incurred, whether legally enforceable or not, to make a payment.

(7) "Campaign expenditure" means an expenditure made by any

person in connection with a campaign for an elective office or on

a measure. Whether an expenditure is made before, during, or

after an election does not affect its status as a campaign

expenditure.

(8) "Direct campaign expenditure" means a campaign expenditure

that does not constitute a campaign contribution by the person

making the expenditure.

(9) "Officeholder expenditure" means an expenditure made by any

person to defray expenses that:

(A) are incurred by an officeholder in performing a duty or

engaging in an activity in connection with the office; and

(B) are not reimbursable with public money.

(10) "Political expenditure" means a campaign expenditure or an

officeholder expenditure.

(11) "Reportable activity" means a political contribution,

political expenditure, or other activity required to be reported

under this title.

(12) "Political committee" means a group of persons that has as

a principal purpose accepting political contributions or making

political expenditures.

(13) "Specific-purpose committee" means a political committee

that does not have among its principal purposes those of a

general-purpose committee but does have among its principal

purposes:

(A) supporting or opposing one or more:

(i) candidates, all of whom are identified and are seeking

offices that are known; or

(ii) measures, all of which are identified;

(B) assisting one or more officeholders, all of whom are

identified; or

(C) supporting or opposing only one candidate who is

unidentified or who is seeking an office that is unknown.

(14) "General-purpose committee" means a political committee

that has among its principal purposes:

(A) supporting or opposing:

(i) two or more candidates who are unidentified or are seeking

offices that are unknown; or

(ii) one or more measures that are unidentified; or

(B) assisting two or more officeholders who are unidentified.

(15) "Out-of-state political committee" means a political

committee that:

(A) makes political expenditures outside this state; and

(B) in the 12 months immediately preceding the making of a

political expenditure by the committee inside this state (other

than an expenditure made in connection with a campaign for a

federal office or made for a federal officeholder), makes 80

percent or more of the committee's total political expenditures

in any combination of elections outside this state and federal

offices not voted on in this state.

(16) "Political advertising" means a communication supporting or

opposing a candidate for nomination or election to a public

office or office of a political party, a political party, a

public officer, or a measure that:

(A) in return for consideration, is published in a newspaper,

magazine, or other periodical or is broadcast by radio or

television; or

(B) appears:

(i) in a pamphlet, circular, flier, billboard or other sign,

bumper sticker, or similar form of written communication; or

(ii) on an Internet website.

(17) "Campaign communication" means a written or oral

communication relating to a campaign for nomination or election

to public office or office of a political party or to a campaign

on a measure.

(18) "Labor organization" means an agency, committee, or any

other organization in which employees participate that exists for

the purpose, in whole or in part, of dealing with employers

concerning grievances, labor disputes, wages, rates of pay, hours

of employment, or conditions of work.

(19) "Measure" means a question or proposal submitted in an

election for an expression of the voters' will and includes the

circulation and submission of a petition to determine whether a

question or proposal is required to be submitted in an election

for an expression of the voters' will.

(20) "Commission" means the Texas Ethics Commission.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1991, 72nd Leg., ch. 304, Sec. 5.01, eff. Jan. 1,

1992; Acts 2003, 78th Leg., ch. 249, Sec. 2.01, eff. Sept. 1,

2003.

Sec. 251.002. OFFICEHOLDERS COVERED. (a) The provisions of

this title applicable to an officeholder apply only to a person

who holds an elective public office and to the secretary of

state.

(b) For purposes of this title, a state officer-elect or a

member-elect of the legislature is considered an officeholder

beginning on the day after the date of the general or special

election at which the officer-elect or member-elect was elected.

This subsection does not relieve a state officer-elect or

member-elect of the legislature of any reporting requirements the

person may have as a candidate under this title.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 251.003. PROHIBITION OF DOCUMENT FILING FEE. A charge may

not be made for filing a document required to be filed under this

title.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 251.004. VENUE. (a) Venue for a criminal offense

prescribed by this title is in the county of residence of the

defendant, unless the defendant is not a Texas resident, in which

case venue is in Travis County.

(b) Venue for the recovery of delinquent civil penalties imposed

by the commission under this title is in Travis County.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 1134, Sec. 1, eff. Sept. 1, 1997.

Sec. 251.005. OUT-OF-STATE COMMITTEES EXCLUDED. (a) An

out-of-state political committee is not subject to Chapter 252 or

254, except as provided by Subsection (b), (c), or (d).

(b) If an out-of-state committee decides to file a campaign

treasurer appointment under Chapter 252, at the time the

appointment is filed the committee becomes subject to this title

to the same extent as a political committee that is not an

out-of-state committee.

(c) If an out-of-state committee performs an activity that

removes the committee from out-of-state status as defined by

Section 251.001(15), the committee becomes subject to this title

to the same extent as a political committee that is not an

out-of-state committee.

(d) An out-of-state political committee that does not file a

campaign treasurer appointment shall comply with Section

254.1581.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 2003, 78th Leg., ch. 249, Sec. 2.02, eff. Sept. 1,

2003.

Sec. 251.006. FEDERAL OFFICE EXCLUDED. (a) Except as provided

by Subsection (b), this title does not apply to a candidate for

an office of the federal government.

(b) A candidate for an elective office of the federal government

shall file with the commission a copy of each document relating

to the candidacy that is required to be filed under federal law.

The document shall be filed within the same period in which it is

required to be filed under the federal law.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.01, eff. Aug. 30,

1993; Acts 1997, 75th Leg., ch. 864, Sec. 236, eff. Sept. 1,

1997.

Sec. 251.007. TIMELINESS OF ACTION BY MAIL. When this title

requires a notice, report, or other document or paper to be

delivered, submitted, or filed within a specified period or

before a specified deadline, a delivery, submission, or filing by

first-class United States mail or common or contract carrier is

timely, except as otherwise provided by this title, if:

(1) it is properly addressed with postage or handling charges

prepaid; and

(2) it bears a post office cancellation mark or a receipt mark

of a common or contract carrier indicating a time within the

period or before the deadline, or if the person required to take

the action furnishes satisfactory proof that it was deposited in

the mail or with a common or contract carrier within the period

or before the deadline.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 251.008. CERTAIN POLITICAL CLUB MEETINGS EXCLUDED. (a) An

expense incurred in connection with the conduct of a meeting of

an organization or club affiliated with a political party at

which a candidate for an office regularly filled at the general

election for state and county officers, or a person holding that

office, appears before the members of the organization or club is

not considered to be a political contribution or political

expenditure if no political contributions are made to or

solicited for the candidate or officeholder at the meeting.

(b) In this section, an organization or club is affiliated with

a political party if it:

(1) supports the nominees of that political party but does not

support any candidate seeking the party's nomination for an

office over any other candidate seeking that nomination; and

(2) is recognized by the political party as an auxiliary of the

party.

Added by Acts 1989, 71st Leg., ch. 422, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 752, Sec. 1, eff.

Sept. 1, 1995.

Sec. 251.009. LEGISLATIVE CAUCUS CONTRIBUTION OR EXPENDITURE NOT

CONSIDERED TO BE OFFICEHOLDER CONTRIBUTION OR EXPENDITURE. A

contribution to or expenditure by a legislative caucus, as

defined by Section 253.0341, is not considered to be an

officeholder contribution or officeholder expenditure for

purposes of this title.

Added by Acts 1995, 74th Leg., ch. 43, Sec. 4, eff. Aug. 28,

1995.

SUBCHAPTER B. DUTIES OF COMMISSION

Sec. 251.032. FORMS. In addition to furnishing samples of the

appropriate forms to the authorities having administrative duties

under this title, the commission shall furnish the forms to each

political party's state executive committee and county chair of

each county executive committee.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.03, eff. Aug. 30,

1993; Acts 1997, 75th Leg., ch. 864, Sec. 237, eff. Sept. 1,

1997.

Sec. 251.033. NOTIFICATION OF DEADLINE FOR FILING REPORTS. (a)

The commission shall notify each person responsible for filing a

report with the commission under Subchapters C through F, Chapter

254, of the deadline for filing a report, except that notice of

the deadline is not required for a political committee involved

in an election other than a primary election or the general

election for state and county officers. Notification under this

subsection may be sent by electronic mail.

(b) If the commission is unable to notify a person of a deadline

after two attempts, the commission is not required to make any

further attempts to notify the person of that deadline or any

future deadlines until the person has notified the commission of

the person's current address or electronic mail address.

(c) Chapter 552, Government Code, does not apply to a

notification under this section sent by electronic mail.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.04, eff. Aug. 30,

1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

996, Sec. 1, eff. June 19, 2009.