By: Smith of Tarrant H.B. No. 4436

A BILL TO BE ENTITLED

AN ACT

relating to the period during which a judicial candidate or officeholder may accept political contributions.

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

SECTION 1. Section 253.153, Election Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A judicial candidate or officeholder, 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:

(1) beginning on:

(A) the 210th day before the date an application for a place on the ballot or for nomination by convention for the office is required to be filed, if the election is for a full term; or

(B) the later of the 210th day before the date an application for a place on the ballot or for nomination by convention for the office is required to be filed or the date a vacancy in the office occurs, if the election is for an unexpired term; and

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

(A) the [general] election in 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].

(a-1) Notwithstanding Subsection (a), a judicial candidate or officeholder who had an opponent in a primary election or runoff primary election but who was not opposed in the general election held on November 4, 2008, may accept political contributions as provided by this title during the period beginning September 1, 2009, and ending December 31, 2009. This subsection expires January 1, 2010.

SECTION 2. Section 253.153(c), Election Code, is repealed.

SECTION 3. This Act takes effect September 1, 2009.