HB 18

H.B. No. 18
  AN ACT
  relating to a restriction on the acceptance of political
  contributions and the making of certain political expenditures by a
  member of the legislature and certain political committees during
  certain periods in which a member is absent from a legislative
  session; authorizing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 301, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G.  PROHIBITED ACTIONS DURING IMPEDING ABSENCE
         Sec. 301.101.  DEFINITIONS.  In this subchapter:
               (1)  "Impeding absence" means an unexcused absence by a
  member of either house of the legislature during a legislative
  session in which the member is at a location outside of this state
  for purposes of impeding the actions of the member's house if:
                     (A)  the member's house has:
                           (i)  compelled the attendance of absent
  members under Section 10, Article III, Texas Constitution;
                           (ii)  ordered the house's sergeant-at-arms
  to arrest absent members; and 
                           (iii)  issued civil warrants of arrest for
  the absent members; 
                     (B)  the member has not:
                           (i)  been granted a leave of absence by the
  member's house; or
                           (ii)  returned to the member's house; and
                     (C)  the member:
                           (i)  is not physically present in this
  state; and
                           (ii)  has indicated by word or deed that the
  member is not present in this state.
               (2)  "Political contribution," "political
  expenditure," and "specific-purpose committee" have the meanings
  assigned by Section 251.001, Election Code.
               (3)  "Legislative caucus" means a legislative caucus,
  as defined by Section 253.0341(e), Election Code, that also has a
  principal purpose of a specific-purpose committee, as defined by
  Section 251.001(13), Election Code.
         Sec. 301.102.  EXERCISE OF RULEMAKING POWER.  This
  subchapter is enacted by the legislature as an exercise of the
  rulemaking power granted to each house of the legislature under
  Sections 10 and 11, Article III, Texas Constitution.
         Sec. 301.103.  PROHIBITED ACCEPTANCE OF POLITICAL
  CONTRIBUTIONS AND MAKING OF POLITICAL EXPENDITURES.
  Notwithstanding any other law, a member of the legislature or a
  specific-purpose committee or legislative caucus supporting or
  assisting the member during an impeding absence may not knowingly:
               (1)  accept political contributions, and shall refuse
  any political contributions received, that in the aggregate from a
  single person exceed the per diem set by the Texas Ethics Commission
  for each day of a regular or special legislative session under
  Section 24a(e), Article III, Texas Constitution; or
               (2)  make a political expenditure for travel, food, or
  lodging expenses in connection with the member's impeding absence.
         Sec. 301.104.  REQUIRED RETURN OF PROHIBITED POLITICAL
  CONTRIBUTIONS.  (a) A member of the legislature or a
  specific-purpose committee or legislative caucus supporting or
  assisting the member that receives and refuses a political
  contribution or contributions in violation of this subchapter
  during the member's impeding absence shall return the contribution
  or contributions to the contributor not later than the fifth day
  after the date of receipt.
         (b)  A political contribution made by United States mail or
  by common or contract carrier is not considered received during an
  impeding absence if the contribution was properly addressed and
  placed with postage or carrier charges prepaid or prearranged in
  the mail or delivered to the contract carrier before the beginning
  of the absence.  The date indicated by the post office cancellation
  mark or the common or contract carrier documents is considered to be
  the date the contribution was placed in the mail or delivered to the
  common or contract carrier unless proven otherwise.
         Sec. 301.105.  CIVIL PENALTY.  In accordance with the
  procedure provided by this subchapter, a person who accepts a
  political contribution or makes a political expenditure in
  violation of this subchapter is subject to a civil penalty in an
  amount not to exceed $5,000.  For purposes of this section, each
  contribution accepted and each expenditure made in violation of
  this subchapter is a separate violation.
         Sec. 301.106.  CIVIL PENALTY: STATEMENT OF FACTS TO
  PRESIDING OFFICER OF APPLICABLE LEGISLATIVE CHAMBER; CERTIFICATION
  TO DISTRICT COURT.  (a)  If a person accepts a political
  contribution or makes a political expenditure in violation of this
  subchapter, a statement of facts that, if true, makes a prima facie
  showing that a violation of this subchapter likely occurred may be
  reported to and filed with the president of the senate or speaker of
  the house of representatives by any member of the same house of the
  legislature as the absent member.
         (b)  If the president of the senate or speaker of the house of
  representatives receives a statement of facts described by
  Subsection (a), the president or speaker shall certify the
  statement of facts under the seal of the senate or house of
  representatives, as appropriate, to the district court for the
  county in which the person resided at the time of the violation.
  The person's residence is determined in accordance with Section
  15.002, Civil Practice and Remedies Code, except that if a person is
  a member of the legislature, that person's residence is determined
  based on the county in which the person claims a residence homestead
  under Chapter 41, Property Code.
         Sec. 301.107.  CIVIL PENALTY: DISTRICT COURT DUTIES.  (a)  
  The district court to which a statement of facts is certified under
  Section 301.106(b) shall, not later than 72 hours after the court
  receives the statement and without any intervention, pleading, or
  motion, enter an order that:
               (1)  provides a person who is the subject of the
  statement notice of the allegations; and
               (2)  directs the person to show cause why the conduct in
  which the person is alleged to have engaged does not constitute a
  violation of this subchapter.
         (b)  After a hearing at which the house of the legislature
  that originated a statement of facts certified under Section
  301.106(b) and the person who is the subject of the statement are
  heard, the district court shall:
               (1)  determine whether the person accepted a political
  contribution or made a political expenditure in violation of this
  subchapter; and
               (2)  if the court determines that a violation occurred,
  impose a civil penalty under Section 301.105.
         Sec. 301.108.  CIVIL PENALTY: APPEAL AND PROHIBITED
  CONTINUANCE.  (a)  The Fifteenth Court of Appeals has exclusive
  intermediate appellate jurisdiction over a matter arising out of or
  related to a proceeding under this subchapter.
         (b)  Section 30.003, Civil Practice and Remedies Code, does
  not apply to a proceeding under this subchapter.
         SECTION 2.  Subchapter G, Chapter 301, Government Code, as
  added by this Act, applies only to a political contribution
  accepted or a political expenditure made on or after the effective
  date of this Act.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I certify that H.B. No. 18 was passed by the House on
  September 2, 2025, by the following vote:  Yeas 86, Nays 46, 1
  present, not voting.
  ______________________________
  Chief Clerk of the House   
         I certify that H.B. No. 18 was passed by the Senate on
  September 3, 2025, by the following vote:  Yeas 18, Nays 8.
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
            _____________________
                   Governor