| 1 | 1 | | By: Smith of Tarrant H.B. No. 4436 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the period during which a judicial candidate or |
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| 7 | 7 | | officeholder may accept political contributions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 253.153, Election Code, is amended by |
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| 10 | 10 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (a) A judicial candidate or officeholder, a |
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| 13 | 13 | | specific-purpose committee for supporting or opposing a judicial |
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| 14 | 14 | | candidate, or a specific-purpose committee for assisting a judicial |
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| 15 | 15 | | officeholder may not knowingly accept a political contribution |
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| 16 | 16 | | except during the period: |
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| 17 | 17 | | (1) beginning on: |
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| 18 | 18 | | (A) the 210th day before the date an application |
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| 19 | 19 | | for a place on the ballot or for nomination by convention for the |
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| 20 | 20 | | office is required to be filed, if the election is for a full term; |
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| 21 | 21 | | or |
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| 22 | 22 | | (B) the later of the 210th day before the date an |
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| 23 | 23 | | application for a place on the ballot or for nomination by |
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| 24 | 24 | | convention for the office is required to be filed or the date a |
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| 25 | 25 | | vacancy in the office occurs, if the election is for an unexpired |
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| 26 | 26 | | term; and |
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| 27 | 27 | | (2) ending on the 120th day after the date of: |
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| 28 | 28 | | (A) the [general] election in which the candidate |
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| 29 | 29 | | or officeholder last appeared on the ballot, regardless of whether |
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| 30 | 30 | | the candidate or officeholder has an opponent in that election [for |
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| 31 | 31 | | state and county officers, if the candidate or officeholder has an |
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| 32 | 32 | | opponent in the general election; |
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| 33 | 33 | | [(B) except as provided by Subsection (c), the |
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| 34 | 34 | | runoff primary election, if the candidate or officeholder is a |
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| 35 | 35 | | candidate in the runoff primary election and does not have an |
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| 36 | 36 | | opponent in the general election; or |
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| 37 | 37 | | [(C) except as provided by Subsection (c), the |
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| 38 | 38 | | general primary election, if the candidate or officeholder is not a |
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| 39 | 39 | | candidate in the runoff primary election and does not have an |
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| 40 | 40 | | opponent in the general election]. |
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| 41 | 41 | | (a-1) Notwithstanding Subsection (a), a judicial candidate |
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| 42 | 42 | | or officeholder who had an opponent in a primary election or runoff |
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| 43 | 43 | | primary election but who was not opposed in the general election |
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| 44 | 44 | | held on November 4, 2008, may accept political contributions as |
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| 45 | 45 | | provided by this title during the period beginning September 1, |
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| 46 | 46 | | 2009, and ending December 31, 2009. This subsection expires |
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| 47 | 47 | | January 1, 2010. |
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| 48 | 48 | | SECTION 2. Section 253.153(c), Election Code, is repealed. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2009. |
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