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.