1-1 By: West S.B. No. 822
1-2 (In the Senate - Filed February 21, 2001; February 22, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 10, 2001, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; April 10, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Jackson
1-7 Amend S.B. No. 822 as follows:
1-8 (1) In SECTION 1 of the bill, in added Section 253.1621,
1-9 Election Code, between "CANDIDATES." and "For" (Introduced version,
1-10 page 1, line 32), insert "(a)".
1-11 (2) In SECTION 1 of the bill, following added Section
1-12 253.1621, Election Code (Introduced version page 1, between lines
1-13 40 and 41), insert the following:
1-14 (b) For a candidate to whom Subsection (a) applies, each
1-15 applicable contribution limit prescribed by Section 253.155,
1-16 253.157, or 253.160 is increased by 25 percent. A candidate who
1-17 accepts political contributions from a person that in the aggregate
1-18 exceed the applicable contribution limit prescribed by Section
1-19 253.155, 253.157, or 253.160 but that do not exceed the adjusted
1-20 limit as determined under this subsection may use the amount of
1-21 those contributions that exceeds the limit prescribed by Section
1-22 253.155, 253.157, or 253.160 only for making an officeholder
1-23 expenditure.
1-24 A BILL TO BE ENTITLED
1-25 AN ACT
1-26 relating to the regulation of political contributions to judicial
1-27 candidates and officeholders.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 SECTION 1. Subchapter F, Chapter 253, Election Code, is
1-30 amended by adding Section 253.1621 to read as follows:
1-31 Sec. 253.1621. APPLICATION OF CONTRIBUTION AND REIMBURSEMENT
1-32 LIMITS TO CERTAIN CANDIDATES. For purposes of a contribution limit
1-33 prescribed by Section 253.155, 253.157, or 253.160 and the limit on
1-34 reimbursement of personal funds prescribed by Section 253.162, the
1-35 general primary election and general election for state and county
1-36 officers are considered to be a single election in which a judicial
1-37 candidate is involved if the candidate:
1-38 (1) is unopposed in the primary election; or
1-39 (2) does not have an opponent in the general election
1-40 whose name is to appear on the ballot.
1-41 SECTION 2. Subsection (a), Section 253.155, Election Code,
1-42 is amended to read as follows:
1-43 (a) Subject to Section 253.1621 [Except as provided by
1-44 Subsection (c)], a judicial candidate or officeholder may not,
1-45 except as provided by Subsection (c), knowingly accept political
1-46 contributions from a person that in the aggregate exceed the limits
1-47 prescribed by Subsection (b) in connection with each election in
1-48 which the person is involved.
1-49 SECTION 3. Subsection (a), Section 253.157, Election Code,
1-50 is amended to read as follows:
1-51 (a) Subject to Section 253.1621, a [A] judicial candidate or
1-52 officeholder [or a specific-purpose committee for supporting or
1-53 opposing a judicial candidate] may not accept a political
1-54 contribution in excess of $50 from a person if:
1-55 (1) the person is a law firm, a member of a law firm,
1-56 or a general-purpose committee established or controlled by a law
1-57 firm; and
1-58 (2) the contribution when aggregated with all
1-59 political contributions accepted by the candidate or[,]
1-60 officeholder[, or committee] from the law firm, other members of
1-61 the law firm, or a general-purpose committee established or
1-62 controlled by the law firm in connection with the election would
1-63 exceed six times the applicable contribution limit under Section
2-1 253.155.
2-2 SECTION 4. Subsection (a), Section 253.160, Election Code,
2-3 is amended to read as follows:
2-4 (a) Subject to Section 253.1621, a [A] judicial candidate or
2-5 officeholder [or a specific-purpose committee for supporting or
2-6 opposing a judicial candidate or assisting a judicial officeholder]
2-7 may not knowingly accept a political contribution from a
2-8 general-purpose committee that, when aggregated with each other
2-9 political contribution from a general-purpose committee in
2-10 connection with an election, exceeds 15 percent of the applicable
2-11 limit on expenditures prescribed by Section 253.168, regardless of
2-12 whether the limit on expenditures is suspended.
2-13 SECTION 5. Subsection (a), Section 253.162, Election Code,
2-14 is amended to read as follows:
2-15 (a) Subject to Section 253.1621, a [A] judicial candidate or
2-16 officeholder who makes political expenditures from the person's
2-17 personal funds may not reimburse the personal funds from political
2-18 contributions in amounts that in the aggregate exceed, for each
2-19 election in which the person's name appears on the ballot:
2-20 (1) for a statewide judicial office, $100,000; or
2-21 (2) for an office other than a statewide judicial
2-22 office, five times the applicable contribution limit under Section
2-23 253.155.
2-24 SECTION 6. Sections 253.155, 253.157, 253.160, and 253.162,
2-25 Election Code, as amended by this Act, and Section 253.1621,
2-26 Election Code, as added by this Act, apply only to a political
2-27 contribution accepted on or after September 1, 2001. A political
2-28 contribution accepted before that date is governed by the law in
2-29 effect at the time the contribution was accepted and is not
2-30 aggregated with political contributions accepted on or after that
2-31 date.
2-32 SECTION 7. This Act takes effect September 1, 2001.
2-33 * * * * *