H.B. No. 2065
AN ACT
relating to the applicability of the moratoriums on the acceptance
of certain political contributions and caucus contributions to
contributions delivered by common or contract carrier.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.034(b), Election Code, is amended to
read as follows:
(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 the period
prescribed by Subsection (a). 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 [and properly addressed] in the [United
States] 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.
SECTION 2. Section 253.0341(b), Election Code, is amended
to read as follows:
(b) A legislative caucus may not knowingly accept from a
nonmember a contribution, and shall refuse a contribution from a
nonmember that is received, during the period prescribed by
Subsection (a). A 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 [and
properly addressed] in the [United States] 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.
SECTION 3. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2009. For
purposes of this section, an offense is committed before that date
if any element of the offense occurs before that date.
(b) An offense committed before September 1, 2009, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2065 was passed by the House on April
28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2065 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor