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.
2-4 * * * * *