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A BILL TO BE ENTITLED
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AN ACT
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relating to the making and acceptance of political contributions |
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during a special legislative session; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 253.034, Election Code, |
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is amended to read as follows: |
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Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND |
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FOLLOWING [REGULAR] LEGISLATIVE SESSION. |
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SECTION 2. Section 253.034, Election Code, is amended by |
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adding Subsection (a-1) and amending Subsections (b) and (c) to |
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read as follows: |
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(a-1) During the period beginning on the date a special |
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legislative session convenes and continuing through the date of |
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final adjournment of the special legislative session, a person may |
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not knowingly make a political contribution to: |
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(1) a statewide officeholder; |
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(2) a member of the legislature; or |
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(3) a specific-purpose committee for supporting, |
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opposing, or assisting a statewide officeholder or member of the |
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legislature. |
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(b) A statewide officeholder, a member of the legislature, |
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or a specific-purpose committee for supporting, opposing, or |
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assisting a statewide officeholder or member of the legislature may |
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not knowingly accept a political contribution, and shall refuse a |
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political contribution that is received, during an applicable [the] |
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period prescribed by Subsection (a) or (a-1). A political |
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contribution that is received and refused during that period shall |
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be returned to the contributor not later than the 30th day after the |
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date of receipt. A contribution made by United States mail or by |
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common or contract carrier is not considered received during that |
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period if it was properly addressed and placed with postage or |
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carrier charges prepaid or prearranged in the mail or delivered to |
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the contract carrier before the beginning of the period. The date |
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indicated by the post office cancellation mark or the common or |
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contract carrier documents is considered to be the date the |
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contribution was placed in the mail or delivered to the common or |
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contract carrier unless proven otherwise. |
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(c) This section does not apply to a political contribution |
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that was made and accepted with the intent that it be used: |
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(1) in an election held or ordered during a [the] |
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period prescribed by Subsection (a) or (a-1) in which the person |
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accepting the contribution is a candidate if the contribution was |
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made after the person appointed a campaign treasurer with the |
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appropriate authority and before the person was sworn in for that |
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office; |
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(2) to defray expenses incurred in connection with an |
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election contest; or |
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(3) by a person who holds a state office or a member of |
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the legislature if the person or member was defeated at the general |
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election held immediately before the session is convened or by a |
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specific-purpose political committee that supports or assists only |
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that person or member. |
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SECTION 3. The changes in law made by this Act apply only to |
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a political contribution made on or after the effective date of this |
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Act. A political contribution made before the effective date of |
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this Act is governed by the law in effect on the date the |
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contribution was made, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |