VOLUNTARY LIMITATIONS ON CONTRIBUTIONS AND EXPENDITURES.

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

in effect

Austin City Code § 2-2-11 VOLUNTARY CAMPAIGN CONTRACT.

§ 2-2-11 - VOLUNTARY CAMPAIGN CONTRACT. (A) A candidate for mayor or city council may sign a contract with the City agreeing to abide by limitations on that candidate's contributions and expenditures as specified in this article in exchange for benefits provided under this chapter. (B) A candidate must submit a personally signed campaign contract no later than the earliest occurring deadline below: (1) 30 days after the date the candidate files an appointment of campaign treasurer or an amendment of campaign treasurer with the city clerk's office, if the applicable form was filed within 365 days of the next general election date; (2) 30 days after the date the candidate accepts a campaign contribution or makes a campaign expenditure, as shown on a campaign finance report filed with the city clerk's office; or (3) the date the candidate files with the city clerk's office an application for a place on the general election ballot or a declaration of write-in candidacy. (C) Only a candidate who signs a campaign contract with the City will qualify for public funds from the Austin Fair Campaign Finance Fund under Article 7 of this chapter (Austin Fair Campaign Finance Fund). (D) A candidate who signs a campaign contract must report a contribution or expenditure during the first reporting period in which it is made and apply the contribution or expenditure to the candidate's voluntary limits. The candidate must file the campaign finance report's data as provided in Section 2-2-26 (Filing of Campaign Finance Report Data). Source: Ord. 20080925-079; Ord. No. 20160407-006, Pt. 2, 4-18-16; Ord. No. 20240229-008, Pt. 3, 3-11-24.

Austin City Code § 2-2-12 CANDIDATES' EXPENDITURE LIMITATIONS.

§ 2-2-12 - CANDIDATES' EXPENDITURE LIMITATIONS. (A) A candidate who signs a campaign contract under this chapter shall not, during the voluntary campaign contract period, make expenditures exceeding the following limits: (1) candidates for mayor: expenditures of $120,000 and an additional $80,000 in a runoff election; and (2) candidates for city council: expenditures of $75,000 and an additional $50,000 in a runoff election. (B) A candidate in a race for mayor or city council shall not make expenditures from his or her own funds that exceed five percent of the applicable voluntary expenditure limits in this section for an election or runoff election during the voluntary campaign contract period through the runoff election. An expenditure by a candidate is an expenditure by his or her campaign. A candidate shall report expenditures from personal funds consistent with state law and this chapter. (C) If a candidate has signed a campaign contract under this chapter, expenditures on behalf of the candidate other than direct campaign expenditures, as defined in Article 4 (Direct Campaign Expenditures), shall apply to the candidate's voluntary expenditure limits. (D) A candidate makes an expenditure subject to this article on the date that: (1) a payment is actually made; or (2) an agreement requiring payment is entered into; or (3) an obligation to make a payment is incurred. Source: Ord. 20080925-079; Ord. No. 20160407-006, Pt. 3, 4-18-16; Ord. No. 20240229-008, Pt. 4, 3-11-24.

Austin City Code § 2-2-13 CANDIDATES' CONTRIBUTION LIMITS.

§ 2-2-13 - CANDIDATES' CONTRIBUTION LIMITS. (A) Except as provided in Subsection (B), a candidate who signs a campaign contract under this chapter shall not accept contributions from an individual or any political committee exceeding the following limits: (1) Candidates for mayor: (a) aggregate contributions of more than the amount set by City Charter Article III, Section 8(A)(1) for both the voluntary campaign contract period for the election and the campaign period for a runoff election; and (b) more than $24,000 in contributions in a voluntary campaign contract period from political committees for a general election or an additional $16,000 for a runoff election. (2) Candidates for city council: (a) aggregate contributions of more than the amount set by City Charter Article III, Section 8(A)(3), for both the voluntary campaign contract period for the general election and the campaign period for a runoff election; and (b) more than $15,000 in contributions in a voluntary campaign contract period from political committees for a general election or an additional $10,000 for a runoff election. (B) A candidate for mayor or city council may spend personal funds on his or her own campaign up to the applicable five percent expenditure limits set out in Section 2-2-12 (Candidates' Expenditure Limitations). An expenditure from personal funds shall be reported in a manner consistent with state law and this chapter. (C) A candidate accepts a contribution subject to this article on the date that: (1) it is accepted under the Texas Election Code; (2) an agreement is made to accept the contribution; or (3) an obligation is incurred to accept a transfer. Source: Ord. 20080925-079; Ord. No. 20160407-006, Pt. 4, 4-18-16; Ord. No. 20240229-008, Pt. 5, 3-11-24.

Austin City Code § 2-2-14 DISCLOSURE OF COMPLIANCE WITH CHAPTER.

§ 2-2-14 - DISCLOSURE OF COMPLIANCE WITH CHAPTER. (A) A candidate who signs a campaign contract shall include the following notice in all political advertising: "This campaign has agreed to comply with the contribution and expenditure limits of the Austin Fair Campaign Chapter." (B) Except to the extent prohibited by the Federal Communications Act, a candidate who chooses not to sign a campaign contract shall include the following notice in all political advertising: "This campaign has not agreed to comply with the contribution and expenditure limits of the Austin Fair Campaign Chapter." (C) The disclosures required by this section shall be clear and conspicuous: (1) On printed political advertising, the disclosure shall be printed in sufficient type and size to be clearly readable, in two highly contrasting colors such as dark text on a light background, but in no case smaller than eight point font; (2) On other forms of political advertising, including internet advertisement, television, and radio, the disclosure shall provide the reader, viewer, or listener with actual notice of the disclosure; and (3) A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if the placement is easily overlooked. (D) The requirements of subsections (A) through (C) do not apply to bumper stickers, pins, buttons, pens, apparel, and similar small or impractical items upon which the notice cannot be conveniently printed. (E) A candidate or other campaign representative who authorizes the publication of political advertising without the notice required by this section commits an offense. Source: Ord. 20080925-079; Ord. 20100819-034.

Austin City Code § 2-2-15 LIQUIDATED DAMAGES.

§ 2-2-15 - LIQUIDATED DAMAGES. Each campaign contract shall provide for liquidated damages payable to the City and to other candidates for the same office who sign a campaign contract, in substantially the following form: "The actual damages that may be sustained by the City and by another candidate by reason of a candidate's breach of a campaign contract are uncertain and would be difficult to determine. The parties stipulate that a reasonable and just compensation to each damaged party, including the City and another candidate, for a candidate's breach of the contribution or expenditure limits in a campaign contract would be three times the amount or value of the excessive expenditure made or contribution accepted. In addition, the City may recover as damages from a candidate who breaches a campaign contract of the amount paid to that candidate from the Austin Fair Campaign Finance Fund. "A candidate who signs a campaign contract shall promise to pay, and the City and each other candidate for the same office who signs a campaign contract shall agree to accept, in lieu of other damages, the amounts set out in this section as liquidated damages, and not as a penalty, in the event of a breach of the campaign contract. The City and each candidate with standing to enforce the campaign contract shall recover reasonable attorney's fees from the breaching party in connection with a lawsuit for liquidated damages." Source: Ord. 20080925-079.

Austin City Code § 2-2-16 OTHER ENFORCEMENT AND SANCTIONS.

§ 2-2-16 - OTHER ENFORCEMENT AND SANCTIONS. (A) A candidate who breaches the terms of a campaign contract shall not be considered as a provider of goods or services to the City under a contract for a period of four years following the date of the election in which the breach occurs, unless controlling state law requires that his or her bid or proposal be accepted by the City. The city council may waive this ineligibility by a unanimous vote. (B) This article is enforceable as a matter of contract law in the courts of the state of Texas. Except for a violation of the required notice provisions of Section 2-2-14 (Disclosure of Compliance with Chapter), this article is not intended to create criminal liability. Source: Ord. 20080925-079.

Austin City Code § 2-2-17 WAIVER OF VOLUNTARY LIMITS.

§ 2-2-17 - WAIVER OF VOLUNTARY LIMITS. (A) A candidate who signs a campaign contract need not comply with the voluntary contribution and expenditure limits and may continue to use on campaign advertising the statement of compliance with the Austin Fair Campaign Chapter if: (1) another candidate who signed a campaign contract has exceeded the voluntary contribution and expenditure limits at the time of filing a contribution and expenditure report; (2) one or more candidates files for the same City office who by the filing deadline has not entered into a campaign contract or filed a notice of intent, under the Texas Election Code, to raise and spend less than $500; or (3) direct campaign expenditures, as defined in Article 4 (Direct Campaign Expenditures), in a race for the same council office by one person exceed $10,000 at any time before the election. (B) A candidate who signed a campaign contract may, up to the end of the filing period for submitting an application for a place on the ballot, elect to opt out of the contract if another candidate has not timely filed a campaign contract in accordance with Section 2-2-11(B) or a notice of intent, under the Texas Election Code, to raise and spend less than $1,080, or the amount indicated in the most recent version of Texas Ethics Commission Rule 18.31. If a candidate opts out of a contract, he or she may continue to use the disclaimer provided for in Section 2-2-14, but shall not be eligible to receive funds from the Austin Fair Campaign Finance Fund. Source: Ord. 20080925-079; Ord. No. 20160407-006, Pt. 5, 4-18-16; Ord. No. 20240229-008, Pt. 6, 3-11-24.

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_ART2VOLICOEXFetched: 10/27/2026