Relating to the prohibition of certain actions with respect to campaign contributions and expenditures by foreign persons; creating criminal offenses.
Summary
SB 2045 would create a new section of the Texas Election Code prohibiting foreign nationals from making certain political contributions and expenditures in Texas. The bill bars foreign persons from supporting or opposing statewide ballot measures, paying for electioneering communications in Texas, contributing to candidates and political committees, or promising to make those contributions or expenditures. It also makes it an offense to solicit, accept, or use money from a foreign national for a prohibited political purpose.
The bill establishes criminal penalties for violations. Most offenses would be Class A misdemeanors, with enhanced penalties for repeat offenders, who could face state jail felony charges. The bill also requires that prohibited contributions be returned within 10 business days, creates aiding-and-abetting liability, and authorizes the attorney general or local prosecutors, with certain conditions, to investigate and prosecute violations. The attorney general may also recover litigation and investigative costs if a defendant is convicted.
Impact
SB 2045 would amend Chapter 253 of the Election Code by adding a new prohibition on foreign-national involvement in Texas campaign finance and ballot-measure spending. It would expand existing election-law enforcement by creating new criminal offenses, setting mandatory minimum fines, and giving the attorney general concurrent jurisdiction with local prosecutors in certain cases. The bill would affect candidates, political committees, ballot-measure campaigns, electioneering communication sponsors, and any person or organization that receives or uses funds from foreign nationals for political activity.
Sentiment
The available context shows no committee testimony or recorded votes, so there is no direct evidence of public debate in the materials provided. Based on the bill text and caption, the measure appears to be framed as a campaign-integrity and election-security proposal aimed at preventing foreign influence in Texas politics. The absence of recorded opposition or support in the provided record means sentiment cannot be measured from discussion, but the bill’s structure suggests a generally enforcement-oriented, protective intent.
Contention
The main points of contention likely concern the scope of the foreign-national definition, which includes not only foreign governments and political parties but also foreign-organized entities and individuals who are not U.S. citizens or nationals. Another likely issue is the breadth of the prohibited conduct, including indirect contributions, electioneering communications, and promises to contribute, which could raise compliance and enforcement questions for campaigns and advocacy groups. The bill also gives the attorney general a role in investigations and prosecutions, which may be viewed as strengthening enforcement but could also raise concerns about prosecutorial discretion, local control, and the burden on political organizations to verify funding sources.
Campaign finance: contributions and expenditures; contributions by certain foreign entities; prohibit. Amends secs. 7, 15, 24, 26, 51 & 54 of 1976 PA 388 (MCL 169.207 et seq.) & adds sec. 34a.
Relating to prohibiting contributions, expenditures, and related activities involving political committees that support or oppose a ballot measure; creating a criminal offense; providing a civil penalty.
Relating to prohibiting contributions, expenditures, and related activities involving a specific-purpose committee for supporting or opposing a ballot measure; creating a criminal offense; providing a civil penalty.
Amends various sections of law relating to campaign contributions and expenditures, including prohibitions on self-dealing with committee funds and prohibits donations made in fictitious names.