CHAPTER 251. GENERAL PROVISIONS
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.