85R2222 MK-F
By: King of Parker H.B. No. 427
A BILL TO BE ENTITLED
AN ACT
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.