85S12009 MK-D
By: Davis of Harris H.B. No. 19
A BILL TO BE ENTITLED
AN ACT
relating to the making and acceptance of political contributions
before, during, or following a special legislative session;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 253.034, Election Code,
is amended to read as follows:
Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE,
DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION.
SECTION 2. Section 253.034, Election Code, is amended by
adding Subsections (a-1) and (a-2) and amending Subsections (b) and
(c) to read as follows:
(a-1) During the period beginning on the date the governor
issues a proclamation calling a special legislative session and
continuing through the date of final adjournment of the special
legislative session, a person may not knowingly make a political
contribution to:
(1) a statewide officeholder other than the governor;
(2) a member of the legislature; or
(3) a specific-purpose committee for supporting,
opposing, or assisting a statewide officeholder other than the
governor or a member of the legislature.
(a-2) During the period beginning on the date the governor
issues a proclamation calling a special legislative session and
continuing through the 20th day after the date of final adjournment
of the special legislative session, a person may not knowingly make
a political contribution to the governor or a specific-purpose
committee for supporting, opposing, or assisting the governor.
(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 an applicable [the]
period prescribed by Subsection (a), (a-1), or (a-2). 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 in the 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.
(c) This section does not apply to a political contribution
that was made and accepted with the intent that it be used:
(1) in an election held or ordered during a [the]
period prescribed by Subsection (a), (a-1), or (a-2) in which the
person accepting the contribution is a candidate if the
contribution was made after the person appointed a campaign
treasurer with the appropriate authority and before the person was
sworn in for that office;
(2) to defray expenses incurred in connection with an
election contest; or
(3) by a person who holds a state office or a member of
the legislature if the person or member was defeated at the general
election held immediately before the session is convened or by a
specific-purpose political committee that supports or assists only
that person or member.
SECTION 3. The changes in law made by this Act apply only to
a political contribution made on or after the effective date of this
Act. A political contribution made before the effective date of
this Act is governed by the law in effect on the date the
contribution was made, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect December 1, 2017.