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LIMITATIONS ON SOLICITATIONS AND CONTRIBUTIONS

Houston Code of Ordinances ch. 18, art. IV
in effect

Houston Code of Ordinances § 18-31 Scope; contribution cycles.

Sec. 18-31. - Scope; contribution cycles. (a) The provisions of this article shall be applicable to all candidates and persons making contributions to candidates and to such additional matters as are addressed herein. (b) Each candidate shall file with his application for a place on the ballot or declaration of write-in candidacy a written statement acknowledging that he has received a copy of this chapter. (c) As used in this article the term contribution cycle shall mean: (1) For a person or political committee: a. The period beginning January 1 following a general municipal election and ending on December 31 of the next year, and b. The period beginning January 1 after the end of the previous period and ending on December 31 following a general municipal election; (2) For a person or political committee contributing to a candidate in a run-off election, the period beginning the day after a general municipal election and ending on December 31 following a run-off election; and (3) For a person or political committee contributing to a candidate in a special election to fill a vacancy: a. The period beginning when a person takes affirmative action to become a candidate as defined in section 18-2 of this Code and ending on December 31 of the year in which the special election is held, and b. If candidate is in a run-off election, an additional period beginning the day after the special election and ending on December 31 of the year in which the special election run-off is held. (d) Terms not defined in this article but defined in Title 15 of the Texas Election Code shall have the meanings assigned to them in Title 15 of the Texas Election Code. (Ord. No. 92-1245, § 5, 9-16-92; Ord. No. 2011-47, § 13, 1-12-2011; Ord. No. 2016-528, § 2, 6-29-2016, eff. 7-1-2016)

Houston Code of Ordinances § 18-32 No contributions in city owned or operated buildings or facilities.

Sec. 18-32. - No contributions in city owned or operated buildings or facilities. It shall be unlawful for any person to deliver a contribution to a candidate or for any candidate to accept a contribution in any city owned or operated building or facility. It is a defense to prosecution that the delivery was made by the United States Postal Service or other delivery service or common carrier or the contribution was offered and accepted during an authorized campaign fundraising event conducted at a city owned or operated building or facility pursuant to a written agreement with the city regarding the use of the city owned or operated building or facility. (Ord. No. 92-1245, § 5, 9-16-92; Ord. No. 95-104, § 1, 1-25-95; Ord. No. 2011-47, § 13, 1-12-2011; Ord. No. 2011-107, § 2, 2-9-2011; Ord. No. 2012-773, § 12, 8-29-2012)

Houston Code of Ordinances § 18-33 Prohibited solicitations.

Sec. 18-33. - Prohibited solicitations. (a) It shall be unlawful for any candidate to accept or to offer or agree to accept any contribution that was solicited by a member of the ethics commission, planning commission or a member of the sports authority board, the port authority board, or the metropolitan transit authority board appointed by the city. (b) It shall be unlawful for any member of the ethics commission, planning commission or a member of the sports authority board, the port authority board, or the metropolitan transit authority board appointed by the city to solicit contributions for any candidate. (c) It shall be unlawful for a city employee to solicit contributions for any candidate at any time unless the employee is acting during off-duty hours or is on a duly approved leave of absence. Further, this section does not contradict state law as it applies to police and fire personnel. (Ord. No. 92-1245, § 5, 9-16-92; Ord. No. 95-104, § 1, 1-25-95; Ord. No. 01-742, § 1, 8-8-01; Ord. No. 2011-47, § 14, 1-12-2011; Ord. No. 2012-773, § 13, 8-29-2012)

Houston Code of Ordinances § 18-34 Prohibition of contributions by litigants.

Sec. 18-34. - Prohibition of contributions by litigants. It shall be unlawful for any person who has any litigation pending in which the person is an adverse party to the city or who has an ownership interest of ten percent or more in any party that has any litigation pending in which it is an adverse party to the city to contribute or donate any funds to any candidate if the litigation seeks recovery of an unspecified amount or of an amount in excess of $50,000.00, exclusive of costs of court and attorneys' fees. Such restriction shall not be applicable to attorneys representing such person. It shall be the duty of any candidate to refuse to accept any contribution that may be offered by a person who is known to the candidate to have a litigation interest described in the foregoing provision. In the event that any candidate unknowingly accepts a contribution in contravention of the foregoing provision, then it shall be the duty of the candidate to return the contribution within ten days after the candidate becomes aware of the litigation. (Ord. No. 92-1245, § 5, 9-16-92)

Houston Code of Ordinances § 18-36 Prohibited contractor contributions.

Sec. 18-36. - Prohibited contractor contributions. (a) It shall be unlawful for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor during a contract award period. In the event that a candidate unknowingly accepts a contribution in contravention of the foregoing provision, it shall be the duty of the candidate to return the contribution within ten days after he becomes aware of the violation. (b) Each request for proposal or other document, notice or advertisement for a contract shall contain a notice regarding this section in a form approved by the city attorney. Each contractor shall be required to submit with any proposal or other submission for the award of any contract a complete list of the persons included in the term "contractor" as defined in this chapter in a form prescribed by the city attorney. It shall be the duty of each city department director to immediately forward each contractor list received to the city secretary who shall compile and maintain a log of persons who are required to be reported. In addition, the city secretary shall compile, maintain and post, by the 14th day after a city council meeting, a list of contracts awarded at such council meeting by city council, including on such list, the date of the initial posting of the request for council action relative to each specific contract, the name of the contractor, a short description of the contract and the date occurring 30 days after the award of the contract or the determination by city council or the mayor that the contract would not be awarded to a contractor. (c) As used in this section the term contract award period shall mean the period commencing at the time of posting of the city council meeting agenda including an item for the award of the contract and ending upon the 30th day after the award of the contract by city council or a determination by city council or the mayor that the contract will not be awarded to a contractor. (d) As used in this section the term contractor shall not include a subcontractor. (Ord. No. 92-1245, § 5, 9-16-92; Ord. No. 00-690, § 4, 7-26-00; Ord. No. 05-91, § 1, 1-25-05; Ord. No. 2011-47, § 15, 1-12-2011; Ord. No. 2016-528, ;ss; 4, 6-29-2016, eff. 7-1-201)

Houston Code of Ordinances § 18-38 Limitation on candidate contribution by individual and political committee.

Sec. 18-38. - Limitation on candidate contribution by individual and political committee. (a) No person shall make contributions to any single candidate in excess of $5,000.00 per contribution cycle. No political committee shall make contributions to any single candidate in excess of $10,000.00 per contribution cycle. (b) A candidate may utilize unexpended political contributions raised in connection with a non-city elective public office in an amount not to exceed the maximum contribution that the candidate may accept from a single donor under subsection (a), regardless of category, provided he files with the city secretary a statement of intent to do so at the time of the filing with the city secretary of his campaign treasurer designation, or if the filing of a campaign treasurer designation is not required, prior to the making of any expenditure in connection with his campaign for city elective office. The provisions of this subsection shall also be applicable to a run-off election, provided that the statement of intent shall be filed within three days after the run-off election is called. (c) A coordinated campaign expenditure shall be considered a contribution subject to the limits set forth in subsection (a) and subject to the disclosure requirements for campaign contributions made to a candidate for city office. As used in this subsection, the term coordinated campaign expenditure means a payment, other than a direct contribution, for an activity, service or product that contains express advocacy for the election or defeat of a clearly identified candidate for city office and is made in cooperation, consultation, or concert, with or at the request or suggestion of, a candidate for city office or a candidate's representative, agent, or employee. (1) Coordinated campaign expenditures shall include, but not be limited to the following: a. Voter identification and/or get-out-the-vote activity on behalf of a specific candidate for city office; and b. A public communication that refers to a clearly identified candidate for city office and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office, or is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. (2) If an individual or organization is engaging in express advocacy for the election or defeat of a clearly identified candidate for city office, the following shall not be considered a coordinated campaign expenditure: a. Direct monetary contributions made to a candidate for city office; b. In kind contributions made to a candidate for city office; c. Payments by an individual or organization for the individual's or organization's overhead expenses including but not limited to rent, utilities, taxes, office supplies or salaries; or d. Volunteer (unpaid) activity on the part of the individual or the members of the organization. (d) As used in this section, the term person shall not include a political committee. 1) March 5, 2016 (or April 5, 2016 as applicable) through December 31, 2017; 2) January 1, 2018 through December 31, 2019; and 3) (For run-off candidates) November 6, 2019 through December 31, 2019. (Ord. No. 92-1245, § 5, 9-16-92; Ord. No. 94-1387, § 4, 12-21-94; Ord. No. 01-799, § 1, 8-22-01; Ord. No. 05-73, § 1, 1-25-05; Ord. No. 2011-47, § 16, 1-12-2011; Ord. No. 2016-528, § 6, 6-29-2016, eff. 7-1-2016)

Houston Code of Ordinances § 18-41 Violations.

Sec. 18-41. - Violations. All provisions of this article shall be punishable as provided in section 1-6 of this Code. (Ord. No. 92-1245, § 5, 9-16-92; Ord. No. 2012-773, § 14, 8-29-2012)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH18ETFIDI_ARTIVLISOCOFetched: 10/26/2026

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