By Gallego H.B. No. 167
77R876 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of political contributions to certain
1-3 unopposed judicial candidates; providing a civil penalty.
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 253.156 to read as follows:
1-7 Sec. 253.156. CONTRIBUTIONS TO UNOPPOSED CANDIDATE
1-8 PROHIBITED. (a) In this section, "unopposed judicial candidate"
1-9 means a judicial candidate who:
1-10 (1) does not have an opponent in the primary election
1-11 or for nomination by convention; and
1-12 (2) will not have an opponent in the general election
1-13 who is the nominee of a party that is required under Section
1-14 172.001 to nominate the party's candidates by primary election.
1-15 (b) For purposes of Subsection (a), the determination of
1-16 whether a judicial candidate is an unopposed candidate is made on
1-17 the day after the date an application for a place on the ballot or
1-18 for nomination by convention for the office is required to be
1-19 filed.
1-20 (c) An unopposed judicial candidate may not knowingly accept
1-21 a political contribution.
1-22 (d) A person who violates this section is liable for a civil
1-23 penalty not to exceed three times the amount of the political
1-24 contributions accepted in violation of this section.
2-1 SECTION 2. Section 253.155(a), Election Code, is amended to
2-2 read as follows:
2-3 (a) Subject to Section 253.156 [Except as provided by
2-4 Subsection (c)], a judicial candidate or officeholder may not,
2-5 except as provided by Subsection (c), knowingly accept political
2-6 contributions from a person that in the aggregate exceed the limits
2-7 prescribed by Subsection (b) in connection with each election in
2-8 which the person is involved.
2-9 SECTION 3. Sections 253.159 and 253.1601, Election Code, are
2-10 amended to read as follows:
2-11 Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS AND
2-12 PROHIBITIONS. Sections 253.155, 253.156, and 253.157 do not apply
2-13 to an individual who is related to the candidate or officeholder
2-14 within the second degree by consanguinity, as determined under
2-15 Subchapter B, Chapter 573, Government Code.
2-16 Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-17 CONTRIBUTION TO CANDIDATE. For purposes of Sections 253.155,
2-18 253.156, 253.157, and 253.160, a contribution to a specific-purpose
2-19 committee for the purpose of supporting a judicial candidate,
2-20 opposing the candidate's opponent, or assisting the candidate as an
2-21 officeholder is considered to be a contribution to the candidate.
2-22 SECTION 4. (a) This Act takes effect September 1, 2001.
2-23 (b) Sections 253.155 and 253.1601, Election Code, as amended
2-24 by this Act, and Section 253.156, Election Code, as added by this
2-25 Act, apply only to a political contribution accepted on or after
2-26 September 1, 2001. A political contribution accepted before that
2-27 date is governed by the law in effect at the time the contribution
3-1 was accepted and is not aggregated with political contributions
3-2 accepted on or after that date.