By Madden                                              H.B. No. 131

      75R1816 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to political contributions made in connection with certain

 1-3     judicial offices.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter F, Chapter 253, Election Code, is

 1-6     amended by adding Section 253.1541 to read as follows:

 1-7           Sec. 253.1541.  ACCEPTANCE OF OFFICEHOLDER CONTRIBUTIONS BY

 1-8     PERSON APPOINTED TO FILL VACANCY.  (a)  This section applies only

 1-9     to a person appointed to fill a vacancy in an office covered by

1-10     this subchapter who, at the time of appointment, does not hold

1-11     another office covered by this subchapter.

1-12           (b)  Notwithstanding Section 253.153, a person to whom this

1-13     section applies may accept officeholder contributions beginning on

1-14     the date the person assumes the duties of office and ending on the

1-15     60th day after that date.

1-16           SECTION 2.  Sections 253.157(a)-(c), Election Code, are

1-17     amended to read as follows:

1-18           (a)  A judicial candidate or a specific-purpose committee for

1-19     supporting or opposing a judicial candidate may not accept a

1-20     political contribution in excess of $50 from a person if:

1-21                 (1)  the person is a member of a law firm or a

1-22     general-purpose committee established or controlled by a law firm;

1-23     and

1-24                 (2)  the contribution when aggregated with all

 2-1     political contributions accepted by the candidate or committee from

 2-2     other members of the law firm or from a general-purpose committee

 2-3     established or controlled by the law firm in connection with the

 2-4     election would exceed six times the applicable contribution limit

 2-5     under Section 253.155.

 2-6           (b)  A person [candidate] who receives a political

 2-7     contribution that violates Subsection (a)  shall return the

 2-8     contribution to the contributor not later than the later of:

 2-9                 (1)  the last day of the reporting period in which the

2-10     contribution is received; or

2-11                 (2)  the fifth day after the date the contribution is

2-12     received.

2-13           (c)  A person [candidate] who fails to return a political

2-14     contribution as required by Subsection (b) is liable for a civil

2-15     penalty not to exceed three times the total amount of political

2-16     contributions accepted from members of or general-purpose

2-17     committees established or controlled by the law firm in connection

2-18     with the election.

2-19           SECTION 3.  (a)  This Act takes effect September 1, 1997.

2-20           (b)  Section 253.1541, Election Code, as added by this Act,

2-21     applies only to a political contribution accepted on or after

2-22     September 1, 1997.  A political contribution accepted before

2-23     September 1, 1997, is governed by the law in effect on the date the

2-24     contribution was accepted.

2-25           (c)  The change in law made by this Act to Section 253.157,

2-26     Election Code, applies only to a political contribution accepted by

2-27     a specific-purpose committee on or after September 1, 1997, and a

 3-1     political contribution accepted by a specific-purpose committee

 3-2     before September 1, 1997, is governed by the law in effect on the

 3-3     date the contribution was accepted and is not aggregated with

 3-4     political contributions accepted by the committee on or after

 3-5     September 1, 1997.

 3-6           SECTION 4.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.