By: Schechter H.B. No. 720
73R824 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to political contributions made to and accepted by certain
1-3 judicial candidates and officeholders; providing criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 253, Election Code, is amended by adding
1-7 Subchapter F to read as follows:
1-8 SUBCHAPTER F. JUDICIAL CANDIDATES AND OFFICEHOLDERS
1-9 Sec. 253.151. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
1-10 PERIOD. (a) A person may not knowingly make or authorize a
1-11 political contribution to a judicial candidate or officeholder, a
1-12 specific-purpose committee for supporting or opposing a judicial
1-13 candidate, or a specific-purpose committee for assisting a judicial
1-14 officeholder except during the period:
1-15 (1) beginning on:
1-16 (A) the 45th day before the date an application
1-17 for a place on the ballot or for nomination by convention for the
1-18 office is required to be filed, if the election is for a full term;
1-19 or
1-20 (B) the date a vacancy in the office occurs, if
1-21 the election is for an unexpired term; and
1-22 (2) ending on the 45th day after the date of:
1-23 (A) the general election for state and county
1-24 officers, if the officeholder or candidate has an opponent in the
2-1 general election; or
2-2 (B) except as provided by Subsection (c), the
2-3 runoff primary election without regard to whether a runoff is held,
2-4 if the officeholder or candidate does not have an opponent in the
2-5 general election.
2-6 (b) A person may not knowingly accept a political
2-7 contribution made or authorized in violation of Subsection (a).
2-8 (c) Notwithstanding Subsection (a)(2)(B), a person may make
2-9 a political contribution to a judicial candidate or a
2-10 specific-purpose committee for supporting or opposing a judicial
2-11 candidate after another person files a declaration of write-in
2-12 candidacy opposing the candidate.
2-13 (d) A person who violates this section commits an offense.
2-14 An offense under this section is a Class A misdemeanor.
2-15 Sec. 253.152. WRITE-IN CANDIDACY. (a) A person may not
2-16 knowingly make or authorize a political contribution to a write-in
2-17 candidate for judicial office or a specific-purpose committee for
2-18 supporting or opposing a write-in candidate for judicial office
2-19 before the candidate files a declaration of write-in candidacy.
2-20 (b) A person may not knowingly accept a political
2-21 contribution made or authorized in violation of Subsection (a).
2-22 (c) A person who violates this section commits an offense.
2-23 An offense under this section is a Class A misdemeanor.
2-24 Sec. 253.153. CONTRIBUTION FROM GENERAL-PURPOSE COMMITTEE
2-25 PROHIBITED. (a) A general-purpose committee may not knowingly
2-26 make or authorize a political contribution to a judicial candidate
2-27 or officeholder, a specific-purpose committee for supporting or
3-1 opposing a judicial candidate, or a specific-purpose committee for
3-2 assisting a judicial officeholder.
3-3 (b) A person may not knowingly accept a political
3-4 contribution made or authorized in violation of Subsection (a).
3-5 (c) A person who violates this section commits an offense.
3-6 An offense under this section is a Class A misdemeanor.
3-7 Sec. 253.154. REFUND OF CONTRIBUTION IF NO OPPONENT.
3-8 (a) Not later than the 30th day after the date of the general
3-9 election for state and county officers, a judicial candidate who
3-10 did not have an opponent in either the primary or general election
3-11 or the campaign treasurer of a specific-purpose committee for
3-12 supporting a judicial candidate who did not have an opponent in
3-13 either the primary or general election shall return to each person
3-14 making a political contribution to the candidate or committee,
3-15 according to the amount of the contribution, a pro rata share of
3-16 the candidate's or committee's unobligated and unexpended political
3-17 contributions.
3-18 (b) A judicial candidate or a specific-purpose committee for
3-19 supporting a judicial candidate may deduct the fee for filing an
3-20 application for a place on the ballot, if any, before returning a
3-21 contribution as provided by Subsection (a).
3-22 (c) A candidate or campaign treasurer of a specific-purpose
3-23 committee who violates this section commits an offense. An offense
3-24 under this section is a Class A misdemeanor.
3-25 Sec. 253.155. USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
3-26 PROHIBITED. (a) A judicial candidate or officeholder, a
3-27 specific-purpose committee for supporting or opposing a judicial
4-1 candidate, or a specific-purpose committee for assisting a judicial
4-2 officeholder may not use a political contribution to make a
4-3 campaign expenditure for judicial office or to make an officeholder
4-4 expenditure in connection with a judicial office if the
4-5 contribution was accepted while the candidate or officeholder:
4-6 (1) was a candidate for an office other than a
4-7 judicial office; or
4-8 (2) held an office other than a judicial office,
4-9 unless the person had become a candidate for judicial office.
4-10 (b) A person who violates this section commits an offense.
4-11 An offense under this section is a Class A misdemeanor.
4-12 Sec. 253.156. CERTAIN OFFICES NOT COVERED. This subchapter
4-13 does not apply to the office of:
4-14 (1) constitutional county judge; or
4-15 (2) judge of a municipal court.
4-16 SECTION 2. The heading to Section 254.064, Election Code, is
4-17 amended to read as follows:
4-18 Sec. 254.064. ADDITIONAL REPORTS OF CERTAIN CANDIDATES
4-19 <OPPOSED CANDIDATE>.
4-20 SECTION 3. Section 254.064(a), Election Code, is amended to
4-21 read as follows:
4-22 (a) In addition to other required reports, for each election
4-23 in which a person is a candidate <and has an opponent whose name is
4-24 to appear on the ballot>, the person shall file two reports if the
4-25 person:
4-26 (1) has an opponent whose name is to appear on the
4-27 ballot; or
5-1 (2) is a candidate for a judicial office to which
5-2 Subchapter F, Chapter 253, applies.
5-3 SECTION 4. This Act takes effect September 1, 1993.
5-4 SECTION 5. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.