By Solomons H.B. No. 1883
74R4967 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to political contributions by certain attorneys to certain
1-3 judicial candidates or officeholders; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 253, Election Code, is amended by adding
1-6 Subchapter F to read as follows:
1-7 SUBCHAPTER F. JUDICIAL CANDIDATES AND OFFICEHOLDERS
1-8 Sec. 253.151. APPLICABILITY. This subchapter applies only
1-9 to a candidate for or holder of the office of:
1-10 (1) chief justice or justice, supreme court;
1-11 (2) presiding judge or judge, court of criminal
1-12 appeals;
1-13 (3) chief justice or justice, court of appeals;
1-14 (4) district judge;
1-15 (5) judge, statutory county court; or
1-16 (6) judge, statutory probate court.
1-17 Sec. 253.152. CONTRIBUTIONS BY CERTAIN LAW FIRMS AND
1-18 ATTORNEYS PROHIBITED DURING ELECTION PERIOD. (a) During the
1-19 period beginning on the 60th day before the date of the general
1-20 primary election for an office to which this subchapter applies and
1-21 ending on the 60th day after the date of the general election for
1-22 the office, a law firm or a member of a law firm may not knowingly
1-23 make or authorize a political contribution to:
1-24 (1) a justice or judge before whom an action is
2-1 pending in which any member of the law firm represents a party; or
2-2 (2) a candidate opposing a justice or judge described
2-3 by Subdivision (1).
2-4 (b) During the period prescribed by Subsection (a), an
2-5 attorney may not knowingly make or authorize a political
2-6 contribution to:
2-7 (1) a justice or judge before whom an action is
2-8 pending in which the attorney represents a party; or
2-9 (2) a candidate opposing a justice or judge described
2-10 by Subdivision (1).
2-11 (c) For purposes of this section, an action pending in a
2-12 county with more than one district court, statutory county court,
2-13 or statutory probate court is considered to be pending before each
2-14 such court in the county unless, in accordance with local rules of
2-15 procedure, the action is assigned to a specific court.
2-16 (d) A candidate or officeholder may not knowingly accept a
2-17 political contribution made or authorized in violation of
2-18 Subsection (a) or (b).
2-19 (e) A person who violates this section commits an offense.
2-20 An offense under this section is a Class A misdemeanor.
2-21 (f) In this section:
2-22 (1) "Law firm" means a partnership or professional
2-23 corporation organized for the practice of law.
2-24 (2) "Member" means a partner, associate, shareholder,
2-25 or employee.
2-26 Sec. 253.153. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-27 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.152, a
3-1 contribution to a specific-purpose committee for the purpose of
3-2 supporting a judicial candidate, opposing the candidate's opponent,
3-3 or assisting the candidate as an officeholder is considered to be a
3-4 contribution to the candidate.
3-5 SECTION 2. (a) This Act takes effect September 1, 1995.
3-6 (b) Subchapter F, Chapter 253, Election Code, as added by
3-7 this Act, applies only to a political contribution made or accepted
3-8 on or after September 1, 1995. A political contribution made or
3-9 accepted before September 1, 1995, is governed by the law in effect
3-10 on the date the contribution was made or accepted, and that law is
3-11 continued in effect for that purpose.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.