Relating to the regulation of campaign treasurer appointments and related matters and the content of and posting of information contained in a campaign treasurer appointment; providing a civil penalty.

89(R) HB 5111 - Engrossed version - Bill Text

By: Darby

H.B. No. 5111

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of campaign treasurer appointments and

related matters and the content of and posting of information

contained in a campaign treasurer appointment; providing a civil

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Treasurer

Transparency Act.

SECTION 2. Chapter 252, Election Code, is amended by adding

Section 252.0015 to read as follows:

Sec.

252.0015.

CAMPAIGN TREASURER APPOINTMENT ELIGIBILITY.

(a) Except as provided by Subsections (b) and (c), a person is

eligible for appointment as a campaign treasurer if the person is:

(1) 18 years of age or older; and

(2) a legal resident of this state.

(b)

A person is not eligible for appointment as a campaign

treasurer for a candidate if:

(1)

the person is currently the campaign treasurer for

a political committee, other than a specific-purpose committee for

supporting the candidate;

(2)

the person has been convicted of an offense under

Chapter 276;

(3)

the commission has made a determination during the

five-year period preceding the date of the person's appointment

that the person violated a law within the commission's

jurisdiction;

(4)

the person is required to register as a lobbyist

under Chapter 305, Government Code; or

(5)

the person is an employee of or contracted by a

political committee.

(c)

A person is not eligible for appointment as a campaign

treasurer for a political committee if:

(1)

the person is currently the campaign treasurer

for:

(A) a candidate; or

(B)

a political committee that made expenditures

exceeding $25,000 during the most recent reporting period under

Chapter 254;

(2)

the person has been convicted of an offense under

Chapter 276; or

(3)

the commission has made a determination during the

five-year period preceding the date of the person's appointment

that the person violated a law within the commission's

jurisdiction.

(d)

If the commission receives notice that a candidate's or

political committee's campaign treasurer was ineligible under

Subsection (b) or (c) at the time of the appointment or became

ineligible under that subsection after the appointment, the

commission shall conduct an investigation to determine whether the

campaign treasurer is ineligible for appointment. If the

commission determines that a campaign treasurer is ineligible for

appointment, the commission shall provide notice through certified

mail of that determination to the campaign treasurer and the

candidate or political committee as soon as practicable after

making the determination.

(e)

The notice the commission provides under Subsection (d)

must include:

(1)

the phrase "FORMAL NOTICE OF CAMPAIGN TREASURER

INELIGIBILITY";

(2)

the specific violation of this section for which

the campaign treasurer is ineligible for appointment;

(3)

an explanation that the campaign treasurer has the

opportunity to correct the violation in accordance with Subsection

(f), as applicable; and

(4)

notice that the campaign treasurer may be subject

to a civil penalty under Subsection (g).

(f)

Unless a campaign treasurer corrects or remedies a

violation of this section for which the campaign treasurer is

ineligible for appointment before that date, a candidate or

political committee shall appoint a new campaign treasurer as

provided by this chapter not later than the 14th business day after

the date:

(1)

the candidate or political committee becomes aware

that the candidate's or political committee's campaign treasurer

became ineligible under Subsection (b) or (c) after the

appointment; or

(2)

the candidate or political committee receives

notice under Subsection (d) that the candidate's or political

committee's campaign treasurer is ineligible.

(g)

A candidate or political committee that violates this

section is liable for a civil penalty in an amount not to exceed

three times the amount of political contributions or expenditures

the candidate or political committee accepted or made during the

period after the candidate or political committee received notice

under Subsection (d) and while the candidate or political committee

was still in violation of this section.

(h)

Subsections (b)(2), (3), (4), and (5) do not apply to a

person who is a candidate and who appoints the person as the

person's own campaign treasurer under Section 252.004.

SECTION 3. Section 252.002, Election Code, is amended to

read as follows:

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

treasurer appointment must be in writing and include:

(1) the campaign treasurer's name;

(1-a) the campaign treasurer's date of birth;

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

street
] address;

(3) the campaign treasurer's telephone number
or

verified e-mail address;

(3-a)

the campaign treasurer's driver's license

number, state identification card number, or social security

number
; [
and
]

(4) the name of the person making the appointment
; and

(5)

an affidavit signed by the person making the

appointment that the campaign treasurer is not ineligible for

appointment under Section 252.0015
.

(b) A
candidate or
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

residence
address not later than the 10th
business
day after the

date on which the change occurs.

SECTION 4. Section 252.0031(b), Election Code, is amended

to read as follows:

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

or opposing
a candidate for an office specified by Section

252.005(1) must include the name of the candidate that the

committee supports
or opposes
.

SECTION 5. Section 252.015(c), Election Code, is amended to

read as follows:

(c) Sections
252.0015,
252.011, 252.012, 252.013, and

252.014 apply to the appointment and removal of an assistant

campaign treasurer.

SECTION 6. Section 254.0401, Election Code, is amended by

adding Subsection (e-2) to read as follows:

(e-2)

Before making a report filed under this chapter

available on the Internet, the commission or authority with whom

the report is filed must remove the following information:

(1) the campaign treasurer's date of birth;

(2)

the campaign treasurer's residence address, other

than city, state, and zip code; and

(3)

the campaign treasurer's driver's license number,

state identification card number, or social security number.

SECTION 7. Section 252.0011, Election Code, is repealed.

SECTION 8. (a) As soon as practicable after the effective

date of this Act but not later than January 1, 2026, the Texas

Ethics Commission shall adopt rules necessary to implement the

changes in law made by this Act.

(b) The changes in law made by this Act to Chapter 252,

Election Code, apply only to a campaign treasurer appointment made

on or after January 1, 2026. A campaign treasurer appointment made

before January 1, 2026, is governed by the law in effect on the date

the appointment was made, and the former law is continued in effect

for that purpose.

SECTION 9. (a) Notwithstanding Section 252.0015, Election

Code, as added by this Act, a candidate or political committee is

not subject to a civil penalty under that section until on or after

May 1, 2026.

(b) If before May 1, 2026, the Texas Ethics Commission

determines that a candidate's or political committee's campaign

treasurer is ineligible for appointment under Section 252.0015,

Election Code, as added by this Act, the commission shall provide to

the candidate or political committee, as appropriate, and the

campaign treasurer the notice required under that section. In

addition to the contents of the notice required under Section

252.0015, Election Code, as added by this Act, the notice required

by this section must include:

(1) an explanation that the candidate or political

committee is not subject to a civil penalty under that section until

on or after May 1, 2026; and

(2) a statement advising the candidate or political

committee to correct the violation before May 1, 2026.

(c) Notice provided under Subsection (b) of this section

does not constitute notice under Section 252.0015(d), Election

Code, as added by this Act, for the purpose of enforcing that

section.

SECTION 10. This Act takes effect September 1, 2025.