78R9972 ESH-D
By: Gallego H.B. No. 1583
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of political contributions to certain
judicial candidates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.153, Election Code, is amended by
amending Subsections (a) and (c) and adding Subsection (b-1) to
read as follows:
(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:
(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) except as provided by Subsection (c), ending on
the 120th day after the date [of]:
(A) of the general election for state and county
officers, if the candidate or officeholder has an opponent in the
general election;
(B) of [except as provided by Subsection (c),]
the runoff primary election, if the candidate or officeholder is a
candidate in the runoff primary election and will [does] not have an
opponent in the general election; [or]
(C) of [except as provided by Subsection (c),]
the general primary election, if the candidate or officeholder has
an opponent in the primary election or for nomination by
convention, is not a candidate in the runoff primary election, and
will [does] not have an opponent in the general election; or
(D) an application for a place on the ballot or
for nomination by convention for the office is required to be filed,
if the candidate or officeholder:
(i) does not have an opponent in the primary
election or for nomination by convention; and
(ii) will not have an opponent in the
general election.
(b-1) For purposes of Subsection (a)(2), the determination
of whether a judicial candidate will have an opponent in the general
election is made on the day after the date an application for a
place on the ballot or for nomination by convention for the office
is required to be filed.
(c) Notwithstanding Subsection (a)(2)(B), (C), or (D)
[(a)(2)], a judicial candidate to whom one of those provisions
applies [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:
(1) beginning on the date [after] another person
files:
(A) a declaration of intent to run as an
independent candidate opposing the candidate; or
(B) a declaration of write-in candidacy opposing
the candidate; and
(2) ending on the date specified by Subsection
(a)(2)(A).
SECTION 2. Section 253.153, Election Code, as amended by
this Act, applies only to a political contribution accepted on or
after September 1, 2003. A political contribution accepted before
September 1, 2003, is governed by the law in effect at the time the
contribution was accepted, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.