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.