The Honorable Fred Head Opinion No. H- 55
House of Representatives
Capitol Building Re: The construction of
Austin, Texas House Bill No. 8
Dear Representative Head:
You have submitted to us House Bill No. 8, adopted by the 63rd
Legislature and ask 17 specific questions concerning its construction.
In general, House Bill 8 amends Title 87 of the Revised Civil
Statutes by adding thereto Article 5428a. (References hereafter are
to sections of Article 5428a unless otherwise noted.)
Section 1 contains definitions. Section 2 requires each candidate
(defined as any member or candidate for the House who has announced
that he will seek election to the Office of Speaker) to keep records of
all information required by the Article.
Section 3 requires each candidate to file a sworn statement with
the Secretary of State on the first day of January, March, May, July,
September and November and the day preceding each Regular and Called
Session of the Legislature, until all campaign loans have been repaid,
listing: (I) each contribution of money received by him, or by others in
behalf of his campaign: (2) each contribution of services and other things
of value other than money received by him or others in behalf of his cam-
paign, giving the nature of the contribution, etc. ; (3) each loan made to
him or others in behalf of his campaign, including specific information
concerning such loan; (4) each expenditure of funds made by him or in
his behalf in excess of $10; and (5) his sworn statement on an official form
designated by the Secretary of State.
Section 4 has to do with filing. Section 5 provides penalties for
those who willfully fail to file the statement. Section 6 provides that all
statements filed under the statute shall be open to public inspection.
Section 7(a) prohibits corporations, partnerships, associations, firms,
unions, foundations, committees, clubs or other organizations or groups
of persons from contributing or lending or promising to contribute or
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The Honorable Fred Head, page 2 (H-55)
lend money or other things of value to any candidate or other person for
the purpose of aiding or defeating the election of any candidate. Subsec-
tion (b) excepts loans made in the dunecourse of business to a candidate
for campaign purposes by a corporation legally engaged in the business
of lending money. Subparagraph (c) provides penalties for violation of
subsection (a) and subsection (d) provides for punishment of any candidate
who knowingly receives such illegal