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.