Bill Text: TX HB19 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the making and acceptance of political contributions before, during, or following a special legislative session; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-08-06 - Committee report sent to Calendars [HB19 Detail]
Download: Texas-2017-HB19-Introduced.html
| 85S12009 MK-D | ||
| By: Davis of Harris | H.B. No. 19 | |
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| relating to the making and acceptance of political contributions | ||
| before, during, or following a special legislative session; | ||
| creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 253.034, Election Code, | ||
| is amended to read as follows: | ||
| Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE, | ||
| DURING, AND FOLLOWING [ |
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| SECTION 2. Section 253.034, Election Code, is amended by | ||
| adding Subsections (a-1) and (a-2) and amending Subsections (b) and | ||
| (c) to read as follows: | ||
| (a-1) During the period beginning on the date the governor | ||
| issues a proclamation calling a special legislative session and | ||
| continuing through the date of final adjournment of the special | ||
| legislative session, a person may not knowingly make a political | ||
| contribution to: | ||
| (1) a statewide officeholder other than the governor; | ||
| (2) a member of the legislature; or | ||
| (3) a specific-purpose committee for supporting, | ||
| opposing, or assisting a statewide officeholder other than the | ||
| governor or a member of the legislature. | ||
| (a-2) During the period beginning on the date the governor | ||
| issues a proclamation calling a special legislative session and | ||
| continuing through the 20th day after the date of final adjournment | ||
| of the special legislative session, a person may not knowingly make | ||
| a political contribution to the governor or a specific-purpose | ||
| committee for supporting, opposing, or assisting the governor. | ||
| (b) A statewide officeholder, a member of the legislature, | ||
| or a specific-purpose committee for supporting, opposing, or | ||
| assisting a statewide officeholder or member of the legislature may | ||
| not knowingly accept a political contribution, and shall refuse a | ||
| political contribution that is received, during an applicable [ |
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| period prescribed by Subsection (a), (a-1), or (a-2). 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 United States mail or by | ||
| common or contract carrier is not considered received during that | ||
| period if it was properly addressed and placed with postage or | ||
| carrier charges prepaid or prearranged in the mail or delivered to | ||
| the contract carrier before the beginning of the period. The date | ||
| indicated by the post office cancellation mark or the common or | ||
| contract carrier documents is considered to be the date the | ||
| contribution was placed in the mail or delivered to the common or | ||
| contract carrier unless proven otherwise. | ||
| (c) This section does not apply to a political contribution | ||
| that was made and accepted with the intent that it be used: | ||
| (1) in an election held or ordered during a [ |
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| period prescribed by Subsection (a), (a-1), or (a-2) in which the | ||
| person accepting the contribution is a candidate if the | ||
| contribution was made after the person appointed a campaign | ||
| treasurer with the appropriate authority and before the person was | ||
| sworn in for that office; | ||
| (2) to defray expenses incurred in connection with an | ||
| election contest; or | ||
| (3) by a person who holds a state office or a member of | ||
| the legislature if the person or member was defeated at the general | ||
| election held immediately before the session is convened or by a | ||
| specific-purpose political committee that supports or assists only | ||
| that person or member. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a political contribution made on or after the effective date of this | ||
| Act. A political contribution made before the effective date of | ||
| this Act is governed by the law in effect on the date the | ||
| contribution was made, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 4. This Act takes effect December 1, 2017. | ||
