By Farrar H.B. No. 49
75R801 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to making or accepting a political contribution in
1-3 connection with certain offices or a contribution to a legislative
1-4 caucus during a special legislative session.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 253.034 and 253.0341, Election Code, are
1-7 amended to read as follows:
1-8 Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING [REGULAR]
1-9 LEGISLATIVE SESSION. (a) During the period beginning on the 30th
1-10 day before the date a regular legislative session convenes and
1-11 continuing through the date [day] of final adjournment, a person
1-12 may not knowingly make a political contribution to:
1-13 (1) a statewide officeholder;
1-14 (2) a member of the legislature; or
1-15 (3) a specific-purpose committee for supporting,
1-16 opposing, or assisting a statewide officeholder or member of the
1-17 legislature.
1-18 (b) During the period beginning on the date the governor
1-19 signs the proclamation calling a special legislative session and
1-20 continuing through the date of final adjournment, a person may not
1-21 knowingly make a political contribution to:
1-22 (1) a statewide officeholder;
1-23 (2) a member of the legislature; or
1-24 (3) a specific-purpose committee for supporting,
2-1 opposing, or assisting a statewide officeholder or member of the
2-2 legislature.
2-3 (c) A statewide officeholder, a member of the legislature,
2-4 or a specific-purpose committee for supporting, opposing, or
2-5 assisting a statewide officeholder or member of the legislature may
2-6 not knowingly accept a political contribution, and shall refuse a
2-7 political contribution that is received, during the period
2-8 prescribed by Subsection (a) or (b). A political contribution that
2-9 is received and refused during that period shall be returned to the
2-10 contributor not later than the 30th day after the date of receipt.
2-11 A contribution made by mail is not considered received during that
2-12 period if it was placed with postage prepaid and properly addressed
2-13 in the United States mail before the beginning of the period. The
2-14 date indicated by the post office cancellation mark is considered
2-15 to be the date the contribution was placed in the mail unless
2-16 proven otherwise.
2-17 (d) [(c)] This section does not apply to a political
2-18 contribution that was made and accepted with the intent that it be
2-19 used:
2-20 (1) in an election held or ordered during the period
2-21 prescribed by Subsection (a) or (b) in which the person accepting
2-22 the contribution is a candidate if the contribution was made after
2-23 the person appointed a campaign treasurer with the appropriate
2-24 authority and before the person was sworn in for that office;
2-25 (2) to defray expenses incurred in connection with an
2-26 election contest; or
2-27 (3) by a person who holds a statewide [state] office
3-1 or a member of the legislature if the person or member was defeated
3-2 at the general election held immediately before the session is
3-3 convened or by a specific-purpose [political] committee that
3-4 supports or assists only that person or member.
3-5 (e) [(d)] A person who violates this section commits an
3-6 offense. An offense under this section is a Class A misdemeanor.
3-7 Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO LEGISLATIVE
3-8 CAUCUSES DURING [REGULAR] LEGISLATIVE SESSION. (a) During the
3-9 period beginning on the 30th day before the date a regular
3-10 legislative session convenes and continuing through the date [day]
3-11 of final adjournment, a person not a member of the caucus may not
3-12 knowingly make a contribution to a legislative caucus.
3-13 (b) During the period beginning on the date the governor
3-14 signs the proclamation calling a special legislative session and
3-15 continuing through the date of final adjournment, a person not a
3-16 member of the caucus may not knowingly make a contribution to a
3-17 legislative caucus.
3-18 (c) A legislative caucus may not knowingly accept from a
3-19 nonmember a contribution, and shall refuse a contribution from a
3-20 nonmember that is received, during the period prescribed by
3-21 Subsection (a) or (b). A contribution that is received and refused
3-22 during that period shall be returned to the contributor not later
3-23 than the 30th day after the date of receipt. A contribution made
3-24 by mail is not considered received during that period if it was
3-25 placed with postage prepaid and properly addressed in the United
3-26 States mail before the beginning of the period. The date indicated
3-27 by the post office cancellation mark is considered to be the date
4-1 the contribution was placed in the mail unless proven otherwise.
4-2 (d) [(c)] A person who violates this section commits an
4-3 offense. An offense under this section is a Class A misdemeanor.
4-4 (e) [(d)] A person who knowingly makes or accepts a
4-5 contribution in violation of this section is liable for damages to
4-6 the state in the amount of triple the value of the unlawful
4-7 contribution.
4-8 (f) [(e)] In this section, "legislative caucus" means an
4-9 organization that is composed exclusively of members of the
4-10 legislature, that elects or appoints officers and recognizes
4-11 identified legislators as members of the organization, and that
4-12 exists for research and other support of policy development and
4-13 interests that the membership hold in common. An organization
4-14 whose only nonlegislator members are the lieutenant governor or the
4-15 governor remains a "legislative caucus" for purposes of this
4-16 section.
4-17 SECTION 2. Section 254.0391, Election Code, is repealed.
4-18 SECTION 3. This Act takes effect September 1, 1997.
4-19 SECTION 4. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.