By: West S.B. No. 822
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of political contributions to judicial
1-3 candidates and officeholders.
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 253.1621 to read as follows:
1-7 Sec. 253.1621. APPLICATION OF CONTRIBUTION AND REIMBURSEMENT
1-8 LIMITS TO CERTAIN CANDIDATES. (a) For purposes of a contribution
1-9 limit prescribed by Section 253.155, 253.157, or 253.160 and the
1-10 limit on reimbursement of personal funds prescribed by Section
1-11 253.162, the general primary election and general election for
1-12 state and county officers are considered to be a single election in
1-13 which a judicial candidate is involved if the candidate:
1-14 (1) is unopposed in the primary election; or
1-15 (2) does not have an opponent in the general election
1-16 whose name is to appear on the ballot.
1-17 (b) For a candidate to whom Subsection (a) applies, each
1-18 applicable contribution limit prescribed by Section 253.155,
1-19 253.157, or 253.160 is increased by 25 percent. A candidate who
1-20 accepts political contributions from a person that in the aggregate
1-21 exceed the applicable contribution limit prescribed by Section
1-22 253.155, 253.157, or 253.160 but that do not exceed the adjusted
1-23 limit as determined under this subsection may use the amount of
1-24 those contributions that exceeds the limit prescribed by Section
1-25 253.155, 253.157, or 253.160 only for making an officeholder
2-1 expenditure.
2-2 SECTION 2. Subsection (a), Section 253.155, Election Code,
2-3 is amended to read as follows:
2-4 (a) Subject to Section 253.1621 [Except as provided by
2-5 Subsection (c)], a judicial candidate or officeholder may not,
2-6 except as provided by Subsection (c), knowingly accept political
2-7 contributions from a person that in the aggregate exceed the limits
2-8 prescribed by Subsection (b) in connection with each election in
2-9 which the person is involved.
2-10 SECTION 3. Subsection (a), Section 253.157, Election Code,
2-11 is amended to read as follows:
2-12 (a) Subject to Section 253.1621, a [A] judicial candidate or
2-13 officeholder [or a specific-purpose committee for supporting or
2-14 opposing a judicial candidate] may not accept a political
2-15 contribution in excess of $50 from a person if:
2-16 (1) the person is a law firm, a member of a law firm,
2-17 or a general-purpose committee established or controlled by a law
2-18 firm; and
2-19 (2) the contribution when aggregated with all
2-20 political contributions accepted by the candidate or[,]
2-21 officeholder[, or committee] from the law firm, other members of
2-22 the law firm, or a general-purpose committee established or
2-23 controlled by the law firm in connection with the election would
2-24 exceed six times the applicable contribution limit under Section
2-25 253.155.
2-26 SECTION 4. Subsection (a), Section 253.160, Election Code,
3-1 is amended to read as follows:
3-2 (a) Subject to Section 253.1621, a [A] judicial candidate or
3-3 officeholder [or a specific-purpose committee for supporting or
3-4 opposing a judicial candidate or assisting a judicial officeholder]
3-5 may not knowingly accept a political contribution from a
3-6 general-purpose committee that, when aggregated with each other
3-7 political contribution from a general-purpose committee in
3-8 connection with an election, exceeds 15 percent of the applicable
3-9 limit on expenditures prescribed by Section 253.168, regardless of
3-10 whether the limit on expenditures is suspended.
3-11 SECTION 5. Subsection (a), Section 253.162, Election Code,
3-12 is amended to read as follows:
3-13 (a) Subject to Section 253.1621, a [A] judicial candidate or
3-14 officeholder who makes political expenditures from the person's
3-15 personal funds may not reimburse the personal funds from political
3-16 contributions in amounts that in the aggregate exceed, for each
3-17 election in which the person's name appears on the ballot:
3-18 (1) for a statewide judicial office, $100,000; or
3-19 (2) for an office other than a statewide judicial
3-20 office, five times the applicable contribution limit under Section
3-21 253.155.
3-22 SECTION 6. Sections 253.155, 253.157, 253.160, and 253.162,
3-23 Election Code, as amended by this Act, and Section 253.1621,
3-24 Election Code, as added by this Act, apply only to a political
3-25 contribution accepted on or after September 1, 2001. A political
3-26 contribution accepted before that date is governed by the law in
4-1 effect at the time the contribution was accepted and is not
4-2 aggregated with political contributions accepted on or after that
4-3 date.
4-4 SECTION 7. This Act takes effect September 1, 2001.