CHAPTER 252. CAMPAIGN TREASURER - Texas Statutes

ELECTION CODE

TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS

CHAPTER 252. CAMPAIGN TREASURER

Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED. Each

candidate and each political committee shall appoint a campaign

treasurer as provided by this chapter.

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

1987.

Sec. 252.0011. INELIGIBILITY FOR APPOINTMENT AS CAMPAIGN

TREASURER. (a) Except as provided by Subsection (b) or (c), a

person is ineligible for appointment as a campaign treasurer if

the person is the campaign treasurer of a political committee

that does not file a report required by Chapter 254.

(b) The period for which a person is ineligible under Subsection

(a) for appointment as a campaign treasurer ends on the date on

which the political committee in connection with which the

person's ineligibility arose has filed each report required by

Chapter 254 that was not timely filed or has paid all fines and

penalties in connection with the failure to file the report.

(c) Subsection (a) does not apply to a person if, in any

semiannual reporting period prescribed by Chapter 254:

(1) the political committee in connection with which the

person's ineligibility arose did not accept political

contributions that in the aggregate exceed $5,000 or make

political expenditures that in the aggregate exceed $5,000; and

(2) the candidate who or political committee that subsequently

appoints the person does not accept political contributions that

in the aggregate exceed $5,000 or make political expenditures

that in the aggregate exceed $5,000.

(d) Subsection (c) applies to a person who is the campaign

treasurer of a general-purpose committee regardless of whether

the committee files monthly reports under Section 254.155. For

purposes of this subsection, political contributions accepted and

political expenditures made during a monthly reporting period are

aggregated with political contributions accepted and political

expenditures made in each other monthly reporting period that

corresponds to the semiannual reporting period that contains

those months.

(e) A candidate or political committee is considered to have not

appointed a campaign treasurer if the candidate or committee

appoints a person as campaign treasurer whose appointment is

prohibited by Subsection (a).

(f) A person who violates this section is liable for a civil

penalty not to exceed three times the amount of political

contributions accepted or political expenditures made in

violation of this section.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 2.03, eff. Sept. 1,

2003.

Sec. 252.002. CONTENTS OF APPOINTMENT. (a) A campaign

treasurer appointment must be in writing and include:

(1) the campaign treasurer's name;

(2) the campaign treasurer's residence or business street

address;

(3) the campaign treasurer's telephone number; and

(4) the name of the person making the appointment.

(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.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.05, eff. Aug. 30,

1993.

Sec. 252.003. CONTENTS OF APPOINTMENT BY GENERAL-PURPOSE

COMMITTEE. (a) In addition to the information required by

Section 252.002, a campaign treasurer appointment by a

general-purpose committee must include:

(1) the full name, and any acronym of the name that will be used

in the name of the committee as provided by Subsection (d), of

each corporation, labor organization, or other association or

legal entity that directly establishes, administers, or controls

the committee, if applicable, or the name of each person who

determines to whom the committee makes contributions or the name

of each person who determines for what purposes the committee

makes expenditures;

(2) the full name and address of each general-purpose committee

to whom the committee intends to make political contributions;

and

(3) the name of the committee and, if the name is an acronym,

the words the acronym represents.

(b) If any of the information required to be included in a

general-purpose committee's appointment changes, excluding

changes reported under Section 252.002(b), the committee shall

file an amended appointment with the commission not later than

the 30th day after the date the change occurs.

(c) The name of a general-purpose committee may not be the same

as or deceptively similar to the name of any other

general-purpose committee whose campaign treasurer appointment is

filed with the commission. The commission shall determine whether

the name of a general-purpose political committee is in violation

of this prohibition and shall immediately notify the campaign

treasurer of the offending political committee of that

determination. The campaign treasurer of the political committee

must file a name change with the commission not later than the

14th day after the date of notification. A campaign treasurer who

fails to file a name change as provided by this subsection or a

political committee that continues to use a prohibited name after

its campaign treasurer has been notified by the commission

commits an offense. An offense under this subsection is a Class B

misdemeanor.

(d) The name of a general-purpose committee must include the

name of each corporation, labor organization, or other

association or legal entity other than an individual that

directly establishes, administers, or controls the committee. The

name of an entity that is required to be included in the name of

the committee may be a commonly recognized acronym by which the

entity is known.

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

1987; Acts 1991, 72nd Leg., ch. 304, Sec. 5.02, eff. Jan. 1,

1992; Acts 1993, 73rd Leg., ch. 107, Sec. 3.06, eff. Aug. 30,

1993.

Sec. 252.0031. CONTENTS OF APPOINTMENT BY SPECIFIC-PURPOSE

COMMITTEE. (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 an office specified by Section 252.005(1) must include the

name of and the office sought by the candidate. If that

information changes, the committee shall immediately file an

amended appointment reflecting the change.

(b) The name of a specific-purpose committee for supporting a

candidate for an office specified by Section 252.005(1) must

include the name of the candidate that the committee supports.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 7.15(a), eff. Aug. 28,

1989. Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 5.03, eff.

Jan. 1, 1992.

Sec. 252.0032. CONTENTS OF APPOINTMENT BY CANDIDATE. (a) In

addition to the information required by Section 252.002, a

campaign treasurer appointment by a candidate must include:

(1) the candidate's telephone number; and

(2) a statement, signed by the candidate, that the candidate is

aware of the nepotism law, Chapter 573, Government Code.

(b) A campaign treasurer appointment that is filed in a manner

other than by use of an officially prescribed form is not invalid

because it fails to comply with Subsection (a)(2).

Added by Acts 1989, 71st Leg., ch. 2, Sec. 7.15(a), eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3A.03, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(26), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1134, Sec. 2, eff. Sept.

1, 1997.

Sec. 252.004. DESIGNATION OF ONESELF. An individual may appoint

himself or herself as campaign treasurer.

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

1987; Acts 1997, 75th Leg., ch. 864, Sec. 238, eff. Sept. 1,

1997.

Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: CANDIDATE.

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.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.07, eff. Aug. 30,

1993; Acts 1999, 76th Leg., ch. 511, Sec. 1, eff. Sept. 1, 1999.

Sec. 252.006. AUTHORITY WITH WHOM APPOINTMENT FILED:

SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING CANDIDATE

OR ASSISTING OFFICEHOLDER. A specific-purpose committee for

supporting or opposing a candidate or assisting an officeholder

must file its campaign treasurer appointment with the same

authority as the appointment for candidacy for the office.

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

1987.

Sec. 252.007. AUTHORITY WITH WHOM APPOINTMENT FILED:

SPECIFIC-PURPOSE COMMITTEE FOR SUPPORTING OR OPPOSING MEASURE. A

specific-purpose committee for supporting or opposing a measure

must file its campaign treasurer appointment with:

(1) the commission, if the measure is to be submitted to voters

of the entire state;

(2) the county clerk, if the measure is to be submitted to

voters of a single county in an election ordered by a county

authority;

(3) the secretary of the governing body of the political

subdivision or, if the political subdivision has no secretary,

with the governing body's presiding officer, if the measure is to

be submitted at an election ordered by an authority of a

political subdivision other than a county;

(4) the county clerk if:

(A) the measure concerns 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 a county; or

(5) the commission if:

(A) the measure concerns 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.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.08, eff. Aug. 30,

1993.

Sec. 252.008. MULTIPLE FILINGS BY SPECIFIC-PURPOSE COMMITTEE NOT

REQUIRED. If under this chapter a specific-purpose committee is

required to file its campaign treasurer appointment with more

than one authority, the appointment need only be filed with the

commission and, if so filed, need not be filed with the other

authorities.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.09, eff. Aug. 30,

1993.

Sec. 252.009. AUTHORITY WITH WHOM APPOINTMENT FILED:

GENERAL-PURPOSE COMMITTEE. A general-purpose committee must file

its campaign treasurer appointment with the commission.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.10, eff. Aug. 30,

1993.

Sec. 252.010. TRANSFER OF APPOINTMENT. (a) If a candidate who

has filed a campaign treasurer appointment decides to seek a

different office that would require the appointment to be filed

with another authority, a copy of the appointment certified by

the authority with whom it was originally filed must be filed

with the other authority in addition to the new campaign

treasurer appointment.

(b) The original appointment terminates on the filing of the

copy with the appropriate authority or on the 10th day after the

date the decision to seek a different office is made, whichever

is earlier.

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

1987.

Sec. 252.011. TIME APPOINTMENT TAKES EFFECT; PERIOD OF

EFFECTIVENESS. (a) A campaign treasurer appointment takes

effect at the time it is filed with the authority specified by

this chapter.

(b) A campaign treasurer appointment continues in effect until

terminated.

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

1987.

Sec. 252.012. REMOVAL OF CAMPAIGN TREASURER. (a) A campaign

treasurer appointed under this chapter may be removed at any time

by the appointing authority by filing the written appointment of

a successor in the same manner as the original appointment.

(b) The appointment of a successor terminates the appointment of

the campaign treasurer who is removed.

(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.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.11, eff. Aug. 30,

1993.

Sec. 252.013. TERMINATION OF APPOINTMENT ON VACATING POSITION.

(a) If a campaign treasurer resigns or otherwise vacates the

position, the appointment is terminated at the time the vacancy

occurs.

(b) A campaign treasurer who vacates the treasurer's position

shall immediately notify the appointing authority in writing of

the vacancy.

(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.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.12, eff. Aug. 30,

1993; Acts 1997, 75th Leg., ch. 864, Sec. 239, eff. Sept. 1,

1997.

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 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.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 2.04, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

597, Sec. 1, eff. June 17, 2005.

Sec. 252.014. PRESERVATION OF FILED APPOINTMENTS. The authority

with whom a campaign treasurer appointment is filed under this

chapter shall preserve the appointment for two years after the

date the appointment is terminated.

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

1987.

Sec. 252.015. ASSISTANT CAMPAIGN TREASURER. (a) Each

specific-purpose committee for supporting or opposing a candidate

for an office specified by Section 252.005(1) or a statewide or

district measure and each general-purpose committee may appoint

an assistant campaign treasurer by written appointment filed with

the commission.

(b) In the campaign treasurer's absence, the assistant campaign

treasurer has the same authority as a campaign treasurer.

(c) Sections 252.011, 252.012, 252.013, and 252.014 apply to the

appointment and removal of an assistant campaign treasurer.

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

1987; Acts 1993, 73rd Leg., ch. 107, Sec. 3.13, eff. Aug. 30,

1993.