78R2244 ATP-D

By:  Puente                                                       H.B. No. 283



A BILL TO BE ENTITLED

AN ACT

relating to the making of political contributions to or the 
acceptance of political contributions by statewide officeholders 
and members of the legislature during the period in which the 
governor may veto a bill.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 253.034, Election Code, is amended to 
read as follows:   
	Sec. 253.034.  RESTRICTIONS ON CONTRIBUTIONS DURING AND 
FOLLOWING REGULAR LEGISLATIVE SESSION.  (a)  During the period 
beginning on the 30th day before the date a regular legislative 
session convenes and continuing through the last day on which the 
governor may veto a bill enacted during the regular legislative 
session [day of final adjournment], a person may not knowingly make 
a political contribution to:
		(1)  a statewide officeholder;                                                
		(2)  a member of the legislature; or                                          
		(3)  a specific-purpose committee for supporting, 
opposing, or assisting a statewide officeholder or member of the 
legislature.
	(b)  A statewide officeholder, a member of the legislature, 
or a specific-purpose committee for supporting, opposing, or 
assisting a statewide officeholder or member of the legislature may 
not knowingly accept a political contribution, and shall refuse a 
political contribution that is received, during the period 
prescribed by Subsection (a).
	(c)  A political contribution that is received and refused 
during the [that] period prescribed by Subsection (a) shall be 
returned to the contributor not later than the 30th day after the 
date of receipt. A contribution made by mail is not considered 
received during the [that] period prescribed by Subsection (a) if 
it was placed with postage prepaid and properly addressed in the 
United States mail before the beginning of the period.  The date 
indicated by the post office cancellation mark is considered to be 
the date the contribution was placed in the mail unless proven 
otherwise.
	(d) [(c)]  This section does not apply to a political 
contribution that was made and accepted with the intent that it be 
used:
		(1)  in an election held or ordered during the period 
prescribed by Subsection (a) in which the person on whose behalf
[accepting] the contribution is accepted is a candidate if the 
contribution was made after the person appointed a campaign 
treasurer with the appropriate authority and before the person was 
sworn in for that office;
		(2)  to defray expenses incurred in connection with an 
election contest; or 
		(3)  by a person who holds a statewide [state] office or 
a member of the legislature if the person or member was defeated at 
the general election held immediately before the session is 
convened or by a specific-purpose political committee that supports 
or assists only that person or member.
	(e) [(d)]  This section does not apply to a political 
contribution made to or accepted by a holder of an office to which 
Subchapter F applies.
	(f) [(e)]  A person who violates this section commits an 
offense.  An offense under this section is a Class A misdemeanor.
	SECTION 2.  Section 253.034, Election Code, as amended by 
this Act, applies only to a political contribution made or accepted 
on or after the effective date of this Act.  A political 
contribution made or accepted before the effective date of this Act 
is governed by the law in effect on the date the contribution is 
made or accepted, and the former law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.