78R9972 ESH-D


By:  Gallego                                                      H.B. No. 1583

Substitute the following for H.B. No. 1583:                                   

By:  Alonzo                                                   C.S.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.