Bill Text: TX HB427 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the award of attorney's fees incurred in a suit involving unlawful campaign contributions or campaign expenditures.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-03-30 - Left pending in committee [HB427 Detail]
Download: Texas-2017-HB427-Introduced.html
| 85R2222 MK-F | ||
| By: King of Parker | H.B. No. 427 | |
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| relating to the award of attorney's fees incurred in a suit | ||
| involving unlawful campaign contributions or campaign | ||
| expenditures. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 253.131, Election Code, is amended by | ||
| amending Subsection (d) and adding Subsections (f) and (g) to read | ||
| as follows: | ||
| (d) In this section, "damages" means: | ||
| (1) twice the value of the unlawful contribution or | ||
| expenditure; and | ||
| (2) reasonable attorney's fees incurred in the suit, | ||
| as provided by Subsections (f) and (g). | ||
| (f) The court may award attorney's fees to the plaintiff | ||
| only if: | ||
| (1) the court renders judgment in the plaintiff's | ||
| favor; and | ||
| (2) the plaintiff provides sufficient evidence that | ||
| the plaintiff provided proper notice of the violation of this | ||
| chapter to the defendant before the plaintiff filed suit under this | ||
| section. | ||
| (g) It is an affirmative defense to an award of attorney's | ||
| fees under Subsection (d) that the defendant, on receiving notice | ||
| of the violation of this chapter from the plaintiff, corrected the | ||
| violation within: | ||
| (1) 14 days of receiving the notice, if the violation | ||
| of this chapter occurred not more than 90 days before the relevant | ||
| election; or | ||
| (2) 30 days of receiving the notice, if the violation | ||
| of this chapter occurred more than 90 days before the relevant | ||
| election. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a campaign contribution or campaign expenditure made on or after | ||
| the effective date of this Act. A campaign contribution or campaign | ||
| expenditure made before the effective date of this Act is subject to | ||
| the law in effect at the time the contribution or expenditure was | ||
| made, and the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
