1-1 By: West S.B. No. 720
1-2 (In the Senate - Filed February 14, 2001; February 19, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 5, 2001, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 5, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to regulating certain political contributions made by
1-9 judicial candidates and officeholders.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 253.1611, Election Code, is amended to
1-12 read as follows:
1-13 Sec. 253.1611. CERTAIN CONTRIBUTIONS BY JUDICIAL CANDIDATES,
1-14 OFFICEHOLDERS, AND COMMITTEES RESTRICTED. (a) A judicial
1-15 candidate or officeholder or a specific-purpose committee for
1-16 supporting or opposing a judicial candidate or assisting a judicial
1-17 officeholder may not use a political contribution to knowingly make
1-18 political contributions that in the aggregate exceed $100 in a
1-19 calendar year to a candidate or officeholder.
1-20 (b) A judicial candidate or a specific-purpose committee for
1-21 supporting or opposing a judicial candidate may not use a political
1-22 contribution to knowingly make political contributions to a
1-23 political committee in connection with a primary election.
1-24 (c) A judicial candidate or a specific-purpose committee for
1-25 supporting or opposing a judicial candidate may not use a political
1-26 contribution to knowingly make a political contribution to a
1-27 political committee that, when aggregated with each other political
1-28 contribution to a political committee in connection with a general
1-29 election, exceeds $500.
1-30 (d) A judicial officeholder or a specific-purpose committee
1-31 for assisting a judicial officeholder may not, in any calendar year
1-32 in which the office held is not on the ballot, use a political
1-33 contribution to knowingly make a political contribution to a
1-34 political committee that, when aggregated with each other political
1-35 contribution to a political committee in that calendar year,
1-36 exceeds $250 [in any calendar year in which the office held is not
1-37 on the ballot].
1-38 (e) This section does not apply to a political contribution
1-39 made to the principal political committee of the state executive
1-40 committee or a county executive committee of a political party
1-41 that:
1-42 (1) is made in return for goods or services, including
1-43 political advertising or a campaign communication, the value of
1-44 which substantially equals or exceeds the amount of the
1-45 contribution; or
1-46 (2) is in an amount that is not more than the
1-47 candidate's or officeholder's pro rata share of the committee's
1-48 normal overhead and administrative or operating costs.
1-49 (f) For purposes of Subsection (e)(2), a candidate's or
1-50 officeholder's pro rata share of a political committee's normal
1-51 overhead and administrative or operating costs is computed by
1-52 dividing the committee's estimated total expenses for a period by
1-53 the number of candidates and officeholders to whom the committee
1-54 reasonably expects to provide goods or services during that period.
1-55 (g) A person who violates this section is liable for a civil
1-56 penalty not to exceed three times the amount of political
1-57 contributions used in violation of this section.
1-58 SECTION 2. Section 253.1611, Election Code, as amended by
1-59 this Act, applies only to a political contribution made on or after
1-60 September 1, 2001. A political contribution made before September
1-61 1, 2001, is governed by the law in effect at the time the
1-62 contribution was made.
1-63 SECTION 3. This Act takes effect September 1, 2001.
2-1 * * * * *