79R7770 ATP-D

By:  Rose                                                         H.B. No. 2250



A BILL TO BE ENTITLED

AN ACT

relating to restricting the making and acceptance of political 
contributions near an election; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 253, Election Code, is 
amended by adding Section 253.044 to read as follows:
	Sec. 253.044.  RESTRICTIONS ON CONTRIBUTIONS BEFORE 
ELECTION.  (a)  This section applies to a general, primary, or 
runoff election.
	(b)  During the period beginning on the eighth day before 
election day and ending on the expiration of election day, a person 
may not knowingly make a political contribution to a candidate in 
that election or a specific-purpose committee for supporting or 
opposing a candidate in that election.
	(c)  A candidate or a specific-purpose committee for 
supporting or opposing a candidate may not knowingly accept a 
political contribution, and shall refuse a political contribution 
that is received, during the period prescribed by Subsection (b) 
for the election in which the candidate is running.  A political 
contribution that is received and refused during that period 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 that period 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)  This section does not apply to a political contribution 
made to or accepted by a holder of an office to which Subchapter F 
applies.
	(e)  A person who violates this section commits an offense.  
An offense under this section is a Class A misdemeanor.
	SECTION 2.  This Act takes effect September 1, 2005.