By West S.B. No. 823
77R3989 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of political contributions to certain
1-3 judicial candidates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 253.153, Election Code, is amended by
1-6 amending Subsections (a), (c), and (d) and adding Subsections (e)
1-7 and (f) to read as follows:
1-8 (a) A judicial candidate or officeholder, a specific-purpose
1-9 committee for supporting or opposing a judicial candidate, or a
1-10 specific-purpose committee for assisting a judicial officeholder
1-11 may not knowingly accept a political contribution except during the
1-12 period:
1-13 (1) beginning on:
1-14 (A) the 210th day before the date an application
1-15 for a place on the ballot or for nomination by convention for the
1-16 office is required to be filed, if the election is for a full term;
1-17 or
1-18 (B) the later of the 210th day before the date
1-19 an application for a place on the ballot or for nomination by
1-20 convention for the office is required to be filed or the date a
1-21 vacancy in the office occurs, if the election is for an unexpired
1-22 term; and
1-23 (2) ending on:
1-24 (A) the 120th day after the date of:
2-1 (i) [(A)] the general election for state
2-2 and county officers, if the candidate or officeholder has an
2-3 opponent in the general election;
2-4 (ii) [(B)] except as provided by
2-5 Subsection (c), the runoff primary election, if the candidate or
2-6 officeholder is a candidate in the runoff primary election and will
2-7 [does] not have an opponent in the general election; or
2-8 (iii) [(C)] except as provided by
2-9 Subsection (d) [(c)], the general primary election, if the
2-10 candidate or officeholder has an opponent in the primary election
2-11 or for nomination by convention, is not a candidate in the runoff
2-12 primary election, and will [does] not have an opponent in the
2-13 general election; or
2-14 (B) except as provided by Subsection (e), the
2-15 date an application for a place on the ballot or for nomination by
2-16 convention for the office is required to be filed, if the candidate
2-17 or officeholder:
2-18 (i) does not have an opponent in the
2-19 primary election or for nomination by convention; and
2-20 (ii) will not have an opponent in the
2-21 general election.
2-22 (c) For purposes of Subsection (a)(2), the determination of
2-23 whether a judicial candidate will have an opponent in the general
2-24 election is made on the day after the date an application for a
2-25 place on the ballot or for nomination by convention for the office
2-26 is required to be filed.
2-27 (d) Notwithstanding Subsection (a)(2)(A) [(a)(2)], a
3-1 judicial candidate to whom that subsection applies [who does not
3-2 have an opponent whose name will appear on the ballot] or a
3-3 specific-purpose committee for supporting such a candidate may
3-4 accept a political contribution during the period:
3-5 (1) beginning on the date [after] another person files
3-6 a declaration of write-in candidacy opposing the candidate; and
3-7 (2) ending on the date specified by Subsection
3-8 (a)(2)(A)(i).
3-9 (e) Notwithstanding Subsection (a)(2)(B), a judicial
3-10 candidate to whom that subsection applies or a specific-purpose
3-11 committee for supporting such a candidate may accept a political
3-12 contribution:
3-13 (1) beginning on the date another person files:
3-14 (A) a declaration of intent to run as an
3-15 independent candidate opposing the candidate; or
3-16 (B) a declaration of write-in candidacy opposing
3-17 the candidate; and
3-18 (2) ending on the date specified by Subsection
3-19 (a)(2)(A)(i).
3-20 (f) [(d)] A person who violates this section is liable for a
3-21 civil penalty not to exceed three times the amount of the political
3-22 contributions accepted in violation of this section.
3-23 SECTION 2. Section 253.153, Election Code, as amended by this
3-24 Act, applies only to a political contribution accepted on or after
3-25 September 1, 2001. A political contribution accepted before
3-26 September 1, 2001, is governed by the law in effect at the time the
3-27 contribution was accepted, and the former law is continued in
4-1 effect for that purpose.
4-2 SECTION 3. This Act takes effect September 1, 2001.