80R724 ESH-D
 
  By: Naishtat H.B. No. 1041
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on payment of certain loans with political
contributions.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.   Section 253.042(b), Election Code, is amended
to read as follows:
       (b)  A candidate or officeholder who accepts one or more
political contributions in the form of loans, including an
extension of credit or a guarantee of a loan or extension of credit,
from one or more persons related to the candidate or officeholder
within the second degree by affinity or consanguinity may not use
political contributions to repay the loans in amounts that in the
aggregate exceed the amount prescribed by Subsection (a). A
candidate or officeholder may not use political contributions, in
amounts that in the aggregate exceed the amount prescribed by
Subsection (a), to repay any other loan or extension of credit for
which the candidate or officeholder is personally liable or is
obligated or that the candidate or officeholder guarantees.
       SECTION 2.   Section 253.162, Election Code, is amended by
amending Subsections (b) and (c) and adding Subsection (b-1) to
read as follows:
       (b)  A judicial candidate or officeholder may not:
             (1)  use political contributions to repay a loan [who
accepts one or more political contributions in the form of loans],
including an extension of credit or a guarantee of a loan or
extension of credit, from one or more persons related to the
candidate or officeholder within the second degree by
consanguinity, as determined under [Subchapter B,] Chapter 573,
Government Code; or
             (2)  use political contributions, in amounts that in
the aggregate exceed the amount prescribed by Subsection (a), to
repay any other loan or extension of credit for which the candidate
or officeholder is personally liable or is obligated or that the
candidate or officeholder guarantees[, may not use political
contributions to repay the loans].
       (b-1)  The total amount of both reimbursements under
Subsection (a) and repayments under Subsection (b)(2) made by a
candidate or officeholder may not exceed the amount prescribed by
Subsection (a).
       (c)  A person who is both a candidate and an officeholder may
reimburse the person's personal funds or repay loans from political
contributions only in one capacity.
       SECTION 3.   Sections 253.042(b) and 253.162, Election Code,
as amended by this Act, apply only to repayment of a loan or
extension of credit made on or after September 1, 2007. The
repayment of a loan or extension of credit made before September 1,
2007, is governed by the law in effect on the date the loan or
extension of credit is made, and the former law is continued in
effect for that purpose.
       SECTION 4.   This Act takes effect September 1, 2007.