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.