78R228 QS-D

By:  Wolens                                                       H.B. No. 52 



A BILL TO BE ENTITLED

AN ACT

relating to a limitation on the acceptance of campaign 
contributions by candidates for judicial office.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 253.153, Election Code, is amended to 
read as follows:   
	Sec. 253.153.  CONTRIBUTION PROHIBITED EXCEPT DURING 
ELECTION PERIOD.  (a)  A judicial candidate or officeholder, a 
specific-purpose committee for supporting or opposing a judicial 
candidate, or a specific-purpose committee for assisting a judicial 
officeholder may not knowingly accept a political contribution 
except during the period specified by Section 32, Article V, Texas 
Constitution[:
		[(1)  beginning on:                                          
			[(A)  the 210th day before the date an application 
for a place on the ballot or for nomination by convention for the 
office is required to be filed, if the election is for a full term; 
or
			[(B)  the later of the 210th day before the date an 
application for a place on the ballot or for nomination by 
convention for the office is required to be filed or the date a 
vacancy in the office occurs, if the election is for an unexpired 
term; and
		[(2)  ending on the 120th day after the date of:             
			[(A)  the general election for state and county 
officers, if the candidate or officeholder has an opponent in the 
general election;
			[(B)  except as provided by Subsection (c), the 
runoff primary election, if the candidate or officeholder is a 
candidate in the runoff primary election and does not have an 
opponent in the general election; or
			[(C)  except as provided by Subsection (c), the 
general primary election, if the candidate or officeholder is not a 
candidate in the runoff primary election and does not have an 
opponent in the general election.
	[(b)  Subsection (a)(2) does not apply to a political 
contribution that was made and accepted with the intent that it be 
used to defray expenses incurred in connection with an election 
contest.
	[(c)  Notwithstanding Subsection (a)(2), a judicial 
candidate who does not have an opponent whose name will appear on 
the ballot or a specific-purpose committee for supporting such a 
candidate may accept a political contribution after another person 
files a declaration of write-in candidacy opposing the candidate].
	(b) [(d)]  A person who violates this section is liable for a 
civil penalty not to exceed three times the amount of the political 
contributions accepted in violation of this section.
	SECTION 2.   Section 253.153, Election Code, as amended by 
this Act, applies only to a political contribution accepted on or 
after the effective date of this Act.  A political contribution 
accepted before the effective date of this Act is governed by the 
law in effect at the time the contribution is accepted, and the 
former law is continued in effect for that purpose.
	SECTION 3.   This Act takes effect on the date on which the 
constitutional amendment proposed by __J.R. No. ____, 78th 
Legislature, Regular Session, 2003, takes effect.  If that 
amendment is not approved by the voters, this Act has no effect.