Proposed Bill Targets Noncitizen Political Contributions in Texas

AUSTIN — Noncitizens who make political contributions in Texas elections could be fined and jailed under a bill taken up by a legislative committee Monday.

It is illegal for foreign nationals to donate or spend money in federal, state and local elections under federal law. But Rep. Dennis Paul, R-Houston, said “enforcement is rare and often focused on national races.”

Understanding the Bill

Paul’s House Bill 4312 would prohibit anyone who is not an American citizen from knowingly donating to a Texas candidate or political committee. An offense would be a Class A misdemeanor, and violators would face up to a $4,000 fine, a year in jail or both.

“This applies at every level of government — including school board, judicial, local races — ensuring foreign money has no influence in Texas politics,” Paul said Monday morning. “The bill aligns with federal law, but it ensures Texas can defend its election without waiting on Washington and gives our state clear legal grounds to enforce that standard.”

Rationale Behind the Bill

Paul said his proposal would empower the state “to investigate and penalize violations directly, especially in the small local contests where oversight is a weakness.”

Daniel Hunt, a member of the State Republican Executive Committee, said Texas needs to eliminate outside influences in its elections.

“Texans should be determining who their representatives are, who their governor is, etc.,” Hunt said. “This goes all the way down to school board and city council elections.”

Proposed Amendments and Concerns

Rep. Richard Peña Raymond, D-Laredo, asked Paul to amend his bill to also make it illegal for Texas candidates to accept contributions from noncitizens. Paul said it would be a good floor amendment.

Other members of the House State Affairs Committee raised concerns over enforcement, including Rep. Dade Phelan, R-Beaumont, who has introduced legislation to limit out-of-state contributions in Texas elections and other bills related to campaign donations and advertising.

“Some of these campaign finance reports have thousands and thousands of small donors that give to a campaign,” Phelan said. “How can you possibly go through that list of 2,000 and know who’s a citizen?”

Paul acknowledged a candidate wouldn’t necessarily know a donor’s citizenship status and that the bill would be unenforceable on any foreign donor outside the U.S.

Enforcement Process

“But a lot of this could be coming from people living in the United States giving to campaigns, and those you could [enforce],” Paul said.

He told Rep. Lacey Hull, R-Houston, a complaint would likely be required to kick-start the enforcement process unless the Texas Ethics Commission, which enforces campaign finance and advertising laws, spotted a potential violation on its own.

“We’re not telling [the Texas Department of Public Safety] or anybody to go out and check somebody’s accounts all the time,” Paul said. “So it’d probably have to be flagged — or if the Ethics Commission noticed it.”

Conflicts with Federal Law

Krystal Gómez, an attorney with the Texas Immigration Law Council, told lawmakers the legislation “creates an impermissible conflict with clearly established federal law.”

“Congress has explicitly excluded lawful permanent residents from the definition of foreign nationals prohibited from making political contributions,” Gómez said. “This distinction wasn’t arbitrary. It reflects the unique status of green card holders who have undergone extensive vetting, sworn allegiance to our Constitution, pay federal and state taxes, serve in our military and are subject to our draft.”

Opposition and Potential Amendments

Luis Figueroa, chief of legislative affairs at Every Texan, said his organization will oppose the bill unless it’s amended to create an exception for legal permanent residents to comply with federal law.

“It’s a quick fix,” Figueroa said.

“I don’t think we have a problem with that,” Paul said.

Next Steps

The committee could vote as soon as Wednesday to send the proposal to the full House.

Conclusion

The proposed bill aims to prevent noncitizen political contributions in Texas elections, but it raises concerns about enforcement and potential conflicts with federal law. The committee will need to carefully consider these issues before moving forward with the proposal.

Frequently Asked Questions

Q: What is the purpose of the proposed bill?

A: The bill aims to prevent noncitizen political contributions in Texas elections and ensure that foreign money has no influence in Texas politics.

Q: What are the potential penalties for violating the bill?

A: Violators could face up to a $4,000 fine, a year in jail, or both.

Q: How would the bill be enforced?

A: The bill would be enforced by the Texas Ethics Commission, and a complaint would likely be required to kick-start the enforcement process.

Q: Does the bill conflict with federal law?

A: Yes, the bill may conflict with federal law, which explicitly excludes lawful permanent residents from the definition of foreign nationals prohibited from making political contributions.

Q: What is the next step for the bill?

A: The committee could vote as soon as Wednesday to send the proposal to the full House.