By West                                                S.B. No. 720
         77R874 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to regulating certain political contributions made by
 1-3     judicial candidates and officeholders.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 253.1611, Election Code, is amended to
 1-6     read as follows:
 1-7           Sec. 253.1611.  CERTAIN CONTRIBUTIONS BY JUDICIAL CANDIDATES,
 1-8     OFFICEHOLDERS, AND COMMITTEES RESTRICTED.  (a)  A judicial
 1-9     candidate or officeholder or a specific-purpose committee for
1-10     supporting or opposing a judicial candidate or assisting a judicial
1-11     officeholder may not use a political contribution to knowingly make
1-12     political contributions that in the aggregate exceed $100 in a
1-13     calendar year to a candidate or officeholder.
1-14           (b)  A judicial candidate or a specific-purpose committee for
1-15     supporting or opposing a judicial candidate may not use a political
1-16     contribution to knowingly make political contributions to a
1-17     political committee in connection with a primary election.
1-18           (c)  A judicial candidate or a specific-purpose committee for
1-19     supporting or opposing a judicial candidate may not use a political
1-20     contribution to knowingly make a political contribution to a
1-21     political committee that, when aggregated with each other political
1-22     contribution to a political committee in connection with a general
1-23     election, exceeds $500.
1-24           (d)  A judicial officeholder or a specific-purpose committee
 2-1     for assisting a judicial officeholder may not, in any calendar year
 2-2     in which the office held is not on the ballot, use a political
 2-3     contribution to knowingly make a political contribution to a
 2-4     political committee that, when aggregated with each other political
 2-5     contribution to a political committee in that calendar year,
 2-6     exceeds $250 [in any calendar year in which the office held is not
 2-7     on the ballot].
 2-8           (e)  This section does not apply to a political contribution
 2-9     made to the principal political committee of the state executive
2-10     committee or a county executive committee of a political party
2-11     that:
2-12                 (1)  is made in return for goods or services, including
2-13     political advertising or a campaign communication, the value of
2-14     which substantially equals or exceeds the amount of the
2-15     contribution; or
2-16                 (2)  is in an amount that is not more than the
2-17     candidate's or officeholder's pro rata share of the committee's
2-18     normal overhead and administrative or operating costs.
2-19           (f)  For purposes of Subsection (e)(2), a candidate's or
2-20     officeholder's pro rata share of a political committee's normal
2-21     overhead and administrative or operating costs is computed by
2-22     dividing the committee's estimated total expenses for a period by
2-23     the number of candidates and officeholders to whom the committee
2-24     reasonably expects to provide goods or services during that period.
2-25           (g)  A person who violates this section is liable for a civil
2-26     penalty not to exceed three times the amount of political
2-27     contributions used in violation of this section.
 3-1           SECTION 2.  Section 253.1611, Election Code, as amended by
 3-2     this Act, applies only to a political contribution made on or after
 3-3     September 1, 2001. A political contribution made before September
 3-4     1, 2001, is governed by the law in effect at the time the
 3-5     contribution was made.
 3-6           SECTION 3.  This Act takes effect September 1, 2001.