By: Smith of Tarrant H.B. No. 4060

A BILL TO BE ENTITLED

AN ACT

relating to the contribution period for support or opposition of state judicial candidates or officeholders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 253.153, Election Code is amended by amending Subsections (a)(2), (b), (c) and (d) to read as follows:

(a) A judicial candidate or office holder, 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:

(2) ending on the 120th date day after the date of:

(A) the general election date on which the candidate or officeholder last appeared on the ballot, regardless of whether the candidate or officeholder has an opponent in that election [for state and county officers, if the candidate or officeholder has an opponent in the general election;].

[(B) (except as provided by Subsection (c), the runoff primary election, if the candidate or officeholder is a candidate in the runoff primary election and does not have an opponent in the general election; or]

(C) [except as provided by Subsection (c), the general primary election, if the candidate or officeholder is not a candidate in the runoff primary election and does not have an opponent in the general election.]

(b) Subsection (a)(2) does not apply to a political contribution that was made and accepted with the intent that it be used to defray expenses incurred in connection with an election [contest], including the repayment of any debt incurred as a result of the election in accordance with Sections 253.162 and 253.1621 of the Texas Election Code.

[(c) Notwithstanding Subsection (a)(2), a judicial candidate 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 after another person files a declaration of write in candidacy opposing the candidate]

(c) [(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. The Act takes effect September 1, 2009.