78R2703 ESH-D

By:  Hartnett                                                     H.B. No. 2158



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of political contributions to judicial 
candidates and officeholders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 253, Election Code, is 
amended by adding Section 253.1621 to read as follows:
	Sec. 253.1621.  APPLICATION OF CONTRIBUTION AND 
REIMBURSEMENT LIMITS TO CERTAIN CANDIDATES.  (a)  For purposes of 
a contribution limit prescribed by Section 253.155, 253.157, or 
253.160 and the limit on reimbursement of personal funds prescribed 
by Section 253.162, the general primary election and general 
election for state and county officers are considered to be a single 
election in which a judicial candidate is involved if the 
candidate:
		(1)  is unopposed in the primary election; or                          
		(2)  does not have an opponent in the general election 
whose name is to appear on the ballot.
	(b)  For a candidate to whom Subsection (a) applies, each 
applicable contribution limit prescribed by Section 253.155, 
253.157, or 253.160 is increased by 25 percent.  A candidate who 
accepts political contributions from a person that in the aggregate 
exceed the applicable contribution limit prescribed by Section 
253.155, 253.157, or 253.160 but that do not exceed the adjusted 
limit as determined under this subsecton may use the amount of those 
contributions that exceeds the limit prescribed by Section 253.155, 
253.157, or 253.160 only for making an officeholder expenditure.
	SECTION 2.  Section 253.155(a), Election Code, is amended to 
read as follows:
	(a)  Subject to Section 253.1621 [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.  Section 253.157(a), Election Code, is amended to 
read as follows:
	(a)  Subject to Section 253.1621, a [A] judicial candidate or 
officeholder [or a specific-purpose committee for supporting or 
opposing a judicial candidate] may not accept a political 
contribution in excess of $50 from a person if:
		(1)  the person is a law firm, a member of a law firm, or 
a general-purpose committee established or controlled by a law 
firm; and
		(2)  the contribution when aggregated with all 
political contributions accepted by the candidate or[,] 
officeholder[, or committee] from the law firm, other members of 
the law firm, or a general-purpose committee established or 
controlled by the law firm in connection with the election would 
exceed six times the applicable contribution limit under Section 
253.155.
	SECTION 4.  Section 253.160(a), Election Code, is amended to 
read as follows:
	(a)  Subject to Section 253.1621, a [A] judicial candidate or 
officeholder [or a specific-purpose committee for supporting or 
opposing a judicial candidate or assisting a judicial officeholder] 
may not knowingly accept a political contribution from a 
general-purpose committee that, when aggregated with each other 
political contribution from a general-purpose committee in 
connection with an election, exceeds 15 percent of the applicable 
limit on expenditures prescribed by Section 253.168, regardless of 
whether the limit on expenditures is suspended.
	SECTION 5.  Section 253.162(a), Election Code, is amended to 
read as follows:
	(a)  Subject to Section 253.1621, a [A] judicial candidate or 
officeholder who makes political expenditures from the person's 
personal funds may not reimburse the personal funds from political 
contributions in amounts that in the aggregate exceed, for each 
election in which the person's name appears on the ballot:
		(1)  for a statewide judicial office, $100,000; or                            
		(2)  for an office other than a statewide judicial 
office, five times the applicable contribution limit under Section 
253.155.
	SECTION 6.  Sections 253.155, 253.157, 253.160, and 253.162, 
Election Code, as amended by this Act, and Section 253.1621, 
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 7.   This Act takes effect September 1, 2003.