SRC-JEC H.B. 2158 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2158
78R2703 ESH-DBy: Hartnett (West, Royce)
State Affairs
5/16/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, an unopposed candidate for a judicial election may
raise campaign contributions for both the primary and general elections.
Concerns have arisen that this allows unopposed judicial candidates to
amass "war chests."  H.B. 2158 restricts the amount of funds a judicial
candidate is allowed to raise by considering the primary and general
elections to be a single election for the purpose of campaign contribution
limits, and allows such a candidate to raise up to 25 percent more than
the current contribution limits allow. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 253, Election Code, by adding
Section 253.1621, as follows: 

Sec. 253.1621.  APPLICATION OF CONTRIBUTION AND REIMBURSEMENT LIMITS TO
CERTAIN CANDIDATES.  (a)  Provides that, for purposes of a contribution
limit prescribed by Section 253.155, 253.157, or 253.160 and the limit on
reimbursement of personal funds prescribed by Section 253.162, the general
primary election and general election for state and county officers are
considered to be a single election in which a judicial candidate is
involved if the candidate is unopposed in the primary election, or does
not have an opponent in the general election whose name is to appear on
the ballot. 

(b)  Provides that for a candidate to whom Subsection (a) applies, each
applicable contribution limit prescribed by Section 253.155, 253.157, or
253.160 is increased by 25 percent.  Authorizes a candidate who accepts
political contributions from a person that in the aggregate exceed the
applicable contribution limit prescribed by Section 253.155, 253.157, or
253.160 but that do not exceed the adjusted limit as determined under this
subsection, to use the amount of those contributions that exceeds the
limit prescribed by Section 253.155, 253.157, or 253.160 only for making
an officeholder expenditure. 

SECTION 2.  Amends Section 253.155(a), Election Code, to include a
reference to Section 253.1621.  Makes conforming changes. 

SECTION 3.  Amends Section 253.157(a), Election Code, to delete a
reference to a specific-purpose committee for supporting or opposing a
judicial candidate.  Makes conforming changes. 

SECTION 4.  Amends Section 253.160(a), Election Code, to make conforming
changes. 

SECTION 5.  Amends Section 253.162(a), Election Code, to make conforming
changes. 
 
SECTION 6.  Makes application of Sections 253.155, 253.157, 253.160, and
253.162, Election Code, as amended by this Act, and Section 253.1621,
Election Code, as added by this Act, prospective to September 1, 2003.  

SECTION 7.   Effective date:  September 1, 2003.