Bill Text: TX HB249 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 249 (Prior Session Legislation)

Introduced

Bill Title: Relating to the making and acceptance of political contributions before, during, or following a special legislative session; creating a criminal offense.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-07-12 - Filed [HB249 Detail]

Download: Texas-2021-HB249-Introduced.html

	87S10310 TJB-D

	By: Middleton	H.B. No. 249



	A BILL TO BE ENTITLED
	AN ACT
	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 [~~REGULAR~~] LEGISLATIVE SESSION.
	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 [~~the~~]
	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 [~~the~~]
	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 on the 91st day after the
	last day of the legislative session.