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78R2863 ESH-D

By:  Gallego                                                      H.B. No. 1583



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of political contributions to certain 
unopposed judicial candidates; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 253, Election Code, is 
amended by adding Section 253.156 to read as follows:
	Sec. 253.156.  CONTRIBUTIONS TO UNOPPOSED CANDIDATE 
PROHIBITED. (a)  In this section, "unopposed judicial candidate" 
means a judicial candidate who:
		(1)  does not have an opponent in the primary election 
or for nomination by convention; and
		(2)  will not have an opponent in the general election 
who is the nominee of a party that is required under Section 172.001 
to nominate the party's candidates by primary election.
	(b)  For purposes of Subsection (a), the determination of 
whether a judicial candidate is an unopposed candidate 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)  An unopposed judicial candidate may not knowingly 
accept a political contribution.
	(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 253.155(a), Election Code, is amended to 
read as follows:
	(a)  Subject to Section 253.156 [Except as provided by 
Subsection (c)], a judicial candidate or officeholder may not, 
except as provided by Subsection (c), knowingly accept political 
contributions from a person that in the aggregate exceed the limits 
prescribed by Subsection (b) in connection with each election in 
which the person is involved.
	SECTION 3.  Sections 253.159 and 253.1601, Election Code, 
are amended to read as follows:
	Sec. 253.159.  EXCEPTION TO CONTRIBUTION LIMITS AND 
PROHIBITIONS. Sections 253.155, 253.156, and 253.157 do not apply 
to an individual who is related to the candidate or officeholder 
within the second degree by consanguinity, as determined under 
Subchapter B, Chapter 573, Government Code.
	Sec. 253.1601.  CONTRIBUTION TO CERTAIN COMMITTEES 
CONSIDERED CONTRIBUTION TO CANDIDATE.  For purposes of Sections 
253.155, 253.156, 253.157, and 253.160, a contribution to a 
specific-purpose committee for the purpose of supporting a judicial 
candidate, opposing the candidate's opponent, or assisting the 
candidate as an officeholder is considered to be a contribution to 
the candidate.
	SECTION 4.  Sections 253.155 and 253.1601, Election Code, as 
amended by this Act, and Section 253.156, Election Code, as added by 
this Act, apply only to a political contribution accepted on or 
after September 1, 2003.  A political contribution accepted before 
that date is governed by the law in effect at the time the 
contribution was accepted and is not aggregated with political 
contributions accepted on or after that date.
	SECTION 5.  This Act takes effect September 1, 2003.