| 1 | 1 | | 81R8413 ESH-D |
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| 2 | 2 | | By: Gallego H.B. No. 2065 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of the moratoriums on the acceptance |
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| 8 | 8 | | of certain political contributions and caucus contributions to |
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| 9 | 9 | | contributions delivered by common or contract carrier. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 253.034(b), Election Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) A statewide officeholder, a member of the legislature, |
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| 14 | 14 | | or a specific-purpose committee for supporting, opposing, or |
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| 15 | 15 | | assisting a statewide officeholder or member of the legislature may |
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| 16 | 16 | | not knowingly accept a political contribution, and shall refuse a |
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| 17 | 17 | | political contribution that is received, during the period |
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| 18 | 18 | | prescribed by Subsection (a). A political contribution that is |
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| 19 | 19 | | received and refused during that period shall be returned to the |
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| 20 | 20 | | contributor not later than the 30th day after the date of receipt. |
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| 21 | 21 | | A contribution made by United States mail or by common or contract |
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| 22 | 22 | | carrier is not considered received during that period if it was |
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| 23 | 23 | | properly addressed and placed with postage or carrier charges |
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| 24 | 24 | | prepaid or prearranged [and properly addressed] in the [United |
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| 25 | 25 | | States] mail or delivered to the contract carrier before the |
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| 26 | 26 | | beginning of the period. The date indicated by the post office |
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| 27 | 27 | | cancellation mark or the common or contract carrier documents is |
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| 28 | 28 | | considered to be the date the contribution was placed in the mail or |
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| 29 | 29 | | delivered to the common or contract carrier unless proven |
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| 30 | 30 | | otherwise. |
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| 31 | 31 | | SECTION 2. Section 253.0341(b), Election Code, is amended |
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| 32 | 32 | | to read as follows: |
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| 33 | 33 | | (b) A legislative caucus may not knowingly accept from a |
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| 34 | 34 | | nonmember a contribution, and shall refuse a contribution from a |
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| 35 | 35 | | nonmember that is received, during the period prescribed by |
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| 36 | 36 | | Subsection (a). A contribution that is received and refused during |
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| 37 | 37 | | that period shall be returned to the contributor not later than the |
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| 38 | 38 | | 30th day after the date of receipt. A contribution made by United |
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| 39 | 39 | | States mail or by common or contract carrier is not considered |
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| 40 | 40 | | received during that period if it was properly addressed and placed |
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| 41 | 41 | | with postage or carrier charges prepaid or prearranged [and |
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| 42 | 42 | | properly addressed] in the [United States] mail or delivered to the |
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| 43 | 43 | | contract carrier before the beginning of the period. The date |
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| 44 | 44 | | indicated by the post office cancellation mark or the common or |
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| 45 | 45 | | contract carrier documents is considered to be the date the |
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| 46 | 46 | | contribution was placed in the mail or delivered to the common or |
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| 47 | 47 | | contract carrier unless proven otherwise. |
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| 48 | 48 | | SECTION 3. (a) The change in law made by this Act applies |
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| 49 | 49 | | only to an offense committed on or after September 1, 2009. For |
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| 50 | 50 | | purposes of this section, an offense is committed before that date |
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| 51 | 51 | | if any element of the offense occurs before that date. |
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| 52 | 52 | | (b) An offense committed before September 1, 2009, is |
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| 53 | 53 | | covered by the law in effect when the offense was committed, and the |
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| 54 | 54 | | former law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2009. |
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