1-1     By:  Madden (Senate Sponsor - Ellis)                   H.B. No. 131

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 12, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to political contributions made in connection with certain

 1-9     judicial offices.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter F, Chapter 253, Election Code, is

1-12     amended by adding Section 253.1541 to read as follows:

1-13           Sec. 253.1541.  ACCEPTANCE OF OFFICEHOLDER CONTRIBUTIONS BY

1-14     PERSON APPOINTED TO FILL VACANCY.  (a)  This section applies only

1-15     to a person appointed to fill a vacancy in an office covered by

1-16     this subchapter who, at the time of appointment, does not hold

1-17     another office covered by this subchapter.

1-18           (b)  Notwithstanding Section 253.153, a person to whom this

1-19     section applies may accept officeholder contributions beginning on

1-20     the date the person assumes the duties of office and ending on the

1-21     60th day after that date.

1-22           SECTION 2.  Sections 253.157(a)-(c), Election Code, are

1-23     amended to read as follows:

1-24           (a)  A judicial candidate or a specific-purpose committee for

1-25     supporting or opposing a judicial candidate may not accept a

1-26     political contribution in excess of $50 from a person if:

1-27                 (1)  the person is a member of a law firm or a

1-28     general-purpose committee established or controlled by a law firm;

1-29     and

1-30                 (2)  the contribution when aggregated with all

1-31     political contributions accepted by the candidate or committee from

1-32     other members of the law firm or from a general-purpose committee

1-33     established or controlled by the law firm in connection with the

1-34     election would exceed six times the applicable contribution limit

1-35     under Section 253.155.

1-36           (b)  A person [candidate] who receives a political

1-37     contribution that violates Subsection (a)  shall return the

1-38     contribution to the contributor not later than the later of:

1-39                 (1)  the last day of the reporting period in which the

1-40     contribution is received; or

1-41                 (2)  the fifth day after the date the contribution is

1-42     received.

1-43           (c)  A person [candidate] who fails to return a political

1-44     contribution as required by Subsection (b) is liable for a civil

1-45     penalty not to exceed three times the total amount of political

1-46     contributions accepted from members of or general-purpose

1-47     committees established or controlled by the law firm in connection

1-48     with the election.

1-49           SECTION 3.  (a)  This Act takes effect September 1, 1997.

1-50           (b)  Section 253.1541, Election Code, as added by this Act,

1-51     applies only to a political contribution accepted on or after

1-52     September 1, 1997.  A political contribution accepted before

1-53     September 1, 1997, is governed by the law in effect on the date the

1-54     contribution was accepted.

1-55           (c)  The change in law made by this Act to Section 253.157,

1-56     Election Code, applies only to a political contribution accepted by

1-57     a specific-purpose committee on or after September 1, 1997, and a

1-58     political contribution accepted by a specific-purpose committee

1-59     before September 1, 1997, is governed by the law in effect on the

1-60     date the contribution was accepted and is not aggregated with

1-61     political contributions accepted by the committee on or after

1-62     September 1, 1997.

1-63           SECTION 4.  The importance of this legislation and the

1-64     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended.

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