GENERAL PROVISIONS.

Austin City Code tit. 2, ch. 2-2, art. 1

in effect

Austin City Code § 2-2-1 DECLARATION OF POLICY AND LEGISLATIVE FINDINGS.

§ 2-2-1 - DECLARATION OF POLICY AND LEGISLATIVE FINDINGS. (A) The short name of this chapter is the Austin Fair Campaign Chapter. (B) The proper operation of a representative democracy requires that elected public officials exercise independent judgment, act impartially, and remain responsible to the people. (C) The City election process and city government should be protected from potential undue influence by individuals and groups making large contributions to the election campaigns of candidates for mayor and city council. (D) The City election process and city government should be protected from even an appearance of undue influence by individuals or groups contributing to candidates for mayor and city council. (E) The public should have justified confidence in the integrity of its government. (F) Limitations on contributions of money, services, and materials by individuals or groups to candidates for City office will promote public confidence. (G) Citizen participation in the operation of City election campaigns will enhance a broad based electoral process accountable to all citizens rather than a privileged few. (H) The public should have timely access to accurate information regarding the sources of funding for direct campaign expenditures in City elections in order to enable voters to make informed decisions and give proper weight to different speakers and messages. (I) Enactment of this chapter is an appropriate exercise of the City's authority as a home rule municipality under Texas law, and that the benefits of this chapter will include a more efficient, less costly election process and more responsive, effective city government. (J) This chapter is enacted based on these findings, in furtherance of these policies, and is a narrowly tailored remedy to address the compelling government interests of preventing corruption or the appearance of corruption, preserving the individual citizen's confidence in government, and ensuring the integrity of the City's election system. Source: Ord. 20080925-079; Ord. No. 20160623-020, Pt. 1, 7-3-16.

Austin City Code § 2-2-2 DEFINITIONS.

§ 2-2-2 - DEFINITIONS. In this chapter: (1) CAMPAIGN or CAMPAIGN COMMITTEE means the principal, authorized political committee of a candidate for City office. (2) CAMPAIGN CONTRACT means a contract between a candidate for mayor or city council and the City as provided by this chapter. (3) CAMPAIGN FINANCE REPORT means a periodic report of contributions, loans, credits, interest, gains, reimbursements, and expenditures of a candidate, officeholder, or political committee required to be filed under Chapter 254, Texas Election Code, including any other matters and reports required to be disclosed under this chapter. (4) CAMPAIGN PERIOD means the time period allowed in City Charter Article III, Section 8 (Limits on Campaign Contributions and Expenditures) and Section 2-2-7 of this chapter. (5) CAMPAIGN TREASURER means the individual designated by a candidate, officeholder, or political committee under the Texas Election Code, including a candidate acting as his or her own campaign treasurer. (6) CANDIDATE means: (a) a candidate for mayor or city council; (b) a candidate's campaign committee; and (c) related to Article 4 (Direct Campaign Expenditures), a person who has, or has had during an election or runoff election, authority to act on behalf of the candidate or candidate's campaign. (7) CONTRIBUTION means a direct or indirect transfer of money, goods, services, or any other thing of value, including a pledge or an agreement or other obligation incurred, whether legally enforceable or not, to make a transfer. The term does not include an expenditure required to be reported under Section 305.006(b), Texas Government Code. In-kind labor, as defined in this chapter, is not a contribution. (8) ELECTION or CITY ELECTION means the process by which an individual (whether opposed or unopposed) seeks election to City office, or an election for a ballot measure. (9) EXPENDITURE means a payment of money or other thing of value, including an agreement made or other obligation incurred, whether legally enforceable or not, to make a payment. The term includes political expenditures made from the personal funds of a candidate or officeholder. (10) INDIVIDUAL means a natural person, and cannot mean a corporation or other entity. (11) IN-KIND LABOR means the value of personal services provided without compensation by any individual who volunteers on behalf of a candidate or political committee. (12) LOAN means an agreement for the transfer of funds from a lender to a candidate, officeholder, or political committee with terms of repayment. The term includes the deposit of personal funds by a candidate or officeholder into an account in which political contributions are held. (13) LOBBY or LOBBYING has the same meaning set out in City Code Chapter 4-8 (Regulation of Lobbyists). (14) OFFICEHOLDER means an individual holding the office of mayor or City councilmember. (15) OFFICEHOLDER ACCOUNT means an account maintained by an officeholder as permitted by the Texas Election Code to make officeholder expenditures, whether or not maintained as a segregated fund. (16) OFFICEHOLDER EXPENDITURE means a payment made or obligation incurred by an officeholder when the payment or obligation is for officeholder purposes authorized by this chapter. The term includes political expenditures made from the personal funds of an officeholder. (17) PERSON means an individual, corporation, partnership, labor union, or labor organization, or any unincorporated association, firm, committee, club, or other organization or group of persons, including a political committee organized under the Texas Election Code, not limited to the definition in Section 1-1-2 (General Definitions) of the Code. (18) POLITICAL ADVERTISING has the meaning set out in the Texas Election Code. (19) POLITICAL COMMITTEE means a specific purpose political committee or general purpose political committee as defined in the Texas Election Code. (20) QUALIFYING CANDIDATE means a candidate who has signed a campaign contract under this chapter and who has met the requirements under this chapter to qualify for funds from the Austin Fair Campaign Finance Fund. (21) REPORTING PERIOD means a period established under Chapter 254, Texas Election Code, and this chapter, for filing of campaign finance reports. (22) RUNOFF ELECTION means an election following an election in which no candidate receives a majority of the votes cast. (23) STRATEGIC COMMUNICATION means a communication regarding advertising, campaign strategies, and voter groups between the candidate, candidate's campaign committee, or their agents or employees and any of the persons, agents, or employees of the entity making expenditures. (24) VOLUNTARY CAMPAIGN CONTRACT PERIOD means the period beginning when a candidate timely submits a campaign contract in accordance with Article 2 of this Chapter and ending at 11:59 p.m. on the date of the general election. Source: Ord. 20080925-079; Ord. 20090618-048; Ord. 20120802-069; Ord. No. 20160407-006, Pt. 1, 4-18-16; Ord. No. 20160623-020, Pt. 2, 7-3-16; Ord. No. 20171005-029, Pt. 1, 10-16-17; Ord. No. 20240229-008, Pt. 1, 3-11-24.

Austin City Code § 2-2-3 CONFORMITY WITH TEXAS ELECTION CODE.

§ 2-2-3 - CONFORMITY WITH TEXAS ELECTION CODE. (A) Terms not defined in this chapter but defined in the Texas Election Code shall have the meanings assigned to them in the Texas Election Code. (B) The starting and ending dates of reporting periods and the due dates of contribution and expenditure reports for City elections shall continue to be governed by the Texas Election Code. (C) Under this chapter, candidates, officeholders, and political committees participating in City elections may be required to make additional disclosures, to file additional notices, and to comply with certain restrictions not set out in the Texas Election Code. (D) If there is a conflict between this chapter and the Texas Election Code or other state law, state law prevails. The requirements set out in this chapter are cumulative of those in the Texas Election Code, and nothing in this chapter shall be construed to limit obligations imposed by the Texas Election Code. Source: Ord. 20080925-079.

Austin City Code § 2-2-4 CONFORMITY WITH CONSTITUTIONAL AND CHARTER PROVISIONS; SEVERABILITY.

§ 2-2-4 - CONFORMITY WITH CONSTITUTIONAL AND CHARTER PROVISIONS; SEVERABILITY. (A) This chapter shall comply in all respects with applicable provisions of the United States Constitution, the Texas Constitution, and the City Charter. (B) If any provision of this chapter is declared by a court of law to be illegal, void, invalid, unconstitutional, or in violation of the City Charter, the provisions of Code Section 1-1-12 (Severability) shall be given a liberal construction to maintain the effectiveness of all other provisions of this chapter. Source: Ord. 20080925-079.

Austin City Code § 2-2-5 OFFENSES AND PENALTY.

§ 2-2-5 - OFFENSES AND PENALTY. (A) Except as provided in Subsection (B), a person who knowingly violates this chapter or a provision of City Charter Article III, Section 8 (Limits on Campaign Contributions and Expenditures) commits a Class C misdemeanor punishable in accordance with Section 1-1-99 (Offenses; General Penalty) by a fine not to exceed $500. Each expenditure, contribution, or other action in violation of this chapter constitutes a separate offense. (B) This section does not apply to Article 2 (Voluntary Limitations on Contributions and Expenditures), except as otherwise specifically provided in that article. (C) The remedies authorized under this chapter are cumulative of other remedies available under state and federal law. Source: Ord. 20080925-079.

Austin City Code § 2-2-6 CANDIDATE GUIDE.

§ 2-2-6 - CANDIDATE GUIDE. (A) The city clerk shall prepare a candidate guide to current city election provisions, including: (1) the City Charter, Article III, Section 8 (Limits on Campaign Contributions and Expenditures); (2) City Code Chapter 2-2 (Campaign Finance); (3) copies of reporting forms required by state law; and (4) copies of reporting and disclosure forms required by this chapter. (B) The city clerk shall make the candidate guide available cost-free in hard copy at least six months before a City election. The city clerk may also make the guide available online in an electronic format that is readily reproduceable. (C) The city clerk shall give each candidate filing a designation of campaign treasurer or for a place on the ballot and a prospective candidate a copy of the candidate guide. Source: Ord. 20080925-079.

Austin City Code § 2-2-7 COMMENCEMENT OF CAMPAIGN PERIOD.

§ 2-2-7 - COMMENCEMENT OF CAMPAIGN PERIOD. (A) A general election, special election, and runoff election each have a separate campaign period for purposes of City Charter Article III, Section 8 (Limits on Campaign Contributions and Expenditures) and this chapter. The contribution limits set forth in City Charter Article III, Section 8 (Limits on Campaign Contributions and Expenditures) apply separately to each general election, runoff election, and special election. (B) The voluntary campaign contract period applies only to candidates who timely submit the voluntary campaign contract as provided in Section 2-2-11(B). (C) The campaign period for a runoff election begins the day after the date of an election at which no candidate receives the majority of the votes. (D) The campaign period for a special election, including a recall election, begins the day after the date the council calls the special election. (E) An unsuccessful candidate may only solicit or accept political contributions after an election to the extent authorized by City Charter, Article III, Section 8 (Limits on Campaign Contributions and Expenditures), Subsection (F)(4). (F) An officeholder may only solicit or accept political contributions after an election to the extent authorized by City Charter, Article III, Section 8 (Limits on Campaign Contributions and Expenditures), Subsection (F)(5). (G) A candidate may only raise funds for an election during an authorized campaign period. For purposes of City Charter, Article III, Sections 8(A)(1) and 8(A)(3) as they apply to a general election, "election" in the phrase "per election" means the period since the end of the most recent general, runoff, or special election for the office sought by a candidate, whichever is the latest. Source: Ord. 20090618-048; Ord. No. 20171005-029, Pt. 2, 10-16-17; Ord. No. 20240229-008, Pt. 2, 3-11-24.

Austin City Code § 2-2-8 TERMINATION OF INACTIVE CAMPAIGN TREASURER APPOINTMENT.

§ 2-2-8 - TERMINATION OF INACTIVE CAMPAIGN TREASURER APPOINTMENT. (A) In this section, "inactive candidate" or "inactive political committee" means a candidate or political committee that: (1) has not filed a required report under Texas Election Code, Chapter 254 (Political Reporting), for more than one year since the last reporting deadline; (2) in the case of a candidate, has not been elected to an office for which a candidate is required to file a campaign treasurer appointment with the city clerk; and (3) has not filed: (a) a final report under Texas Election Code, Section 254.065 (Final Report) or 254.125 (Final Report of Committee for Supporting or Opposing Candidate or Measure); or (b) a dissolution report under Texas Election Code, Section 254.126 (Dissolution Report of Committee for Assisting Officeholder) or 254.159 (Dissolution Report). (B) The city clerk may terminate the campaign treasurer appointment of an inactive candidate or inactive political committee. (C) Before the city clerk may terminate a campaign treasurer appointment under this section, the city council must consider and approve the proposed termination in a regularly scheduled open meeting. (D) Before the city clerk may terminate a campaign treasurer appointment under this section the city clerk must provide written notice to the affected candidate or committee of: (1) the proposed termination of the candidate's or committee's campaign treasurer appointment; (2) the date, time, and place of the meeting at which the city council will consider the proposed termination; and (3) the effect of termination of the candidate's or committee's campaign treasurer appointment. (E) The termination of a campaign treasurer appointment under this section takes effect on the 30th day after the date of the meeting at which the city council votes to terminate the appointment. Following that meeting, the city clerk shall promptly notify the affected candidate or political committee that the appointment has been terminated. The notice must state the effective date of the termination. Source: Ord. 20120308-003.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT2AD_CH2-2CAFI_ART1GEPRFetched: 10/27/2026