| 1 | 1 | | 87S10310 TJB-D |
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| 2 | 2 | | By: Middleton H.B. No. 249 |
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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 making and acceptance of political contributions |
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| 8 | 8 | | before, during, or following a special legislative session; |
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| 9 | 9 | | creating a criminal offense. |
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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. The heading to Section 253.034, Election Code, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE, |
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| 14 | 14 | | DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION. |
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| 15 | 15 | | SECTION 2. Section 253.034, Election Code, is amended by |
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| 16 | 16 | | adding Subsections (a-1) and (a-2) and amending Subsections (b) and |
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| 17 | 17 | | (c) to read as follows: |
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| 18 | 18 | | (a-1) During the period beginning on the date the governor |
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| 19 | 19 | | issues a proclamation calling a special legislative session and |
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| 20 | 20 | | continuing through the date of final adjournment of the special |
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| 21 | 21 | | legislative session, a person may not knowingly make a political |
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| 22 | 22 | | contribution to: |
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| 23 | 23 | | (1) a statewide officeholder other than the governor; |
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| 24 | 24 | | (2) a member of the legislature; or |
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| 25 | 25 | | (3) a specific-purpose committee for supporting, |
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| 26 | 26 | | opposing, or assisting a statewide officeholder, other than the |
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| 27 | 27 | | governor, or a member of the legislature. |
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| 28 | 28 | | (a-2) During the period beginning on the date the governor |
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| 29 | 29 | | issues a proclamation calling a special legislative session and |
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| 30 | 30 | | continuing through the 20th day after the date of final adjournment |
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| 31 | 31 | | of the special legislative session, a person may not knowingly make |
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| 32 | 32 | | a political contribution to the governor or a specific-purpose |
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| 33 | 33 | | committee for supporting, opposing, or assisting the governor. |
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| 34 | 34 | | (b) A statewide officeholder, a member of the legislature, |
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| 35 | 35 | | or a specific-purpose committee for supporting, opposing, or |
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| 36 | 36 | | assisting a statewide officeholder or member of the legislature may |
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| 37 | 37 | | not knowingly accept a political contribution, and shall refuse a |
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| 38 | 38 | | political contribution that is received, during an applicable [the] |
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| 39 | 39 | | period prescribed by Subsection (a), (a-1), or (a-2). A political |
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| 40 | 40 | | contribution that is received and refused during that period shall |
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| 41 | 41 | | be returned to the contributor not later than the 30th day after the |
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| 42 | 42 | | date of receipt. A contribution made by United States mail or by |
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| 43 | 43 | | common or contract carrier is not considered received during that |
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| 44 | 44 | | period if it was properly addressed and placed with postage or |
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| 45 | 45 | | carrier charges prepaid or prearranged in the mail or delivered to |
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| 46 | 46 | | the contract carrier before the beginning of the period. The date |
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| 47 | 47 | | indicated by the post office cancellation mark or the common or |
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| 48 | 48 | | contract carrier documents is considered to be the date the |
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| 49 | 49 | | contribution was placed in the mail or delivered to the common or |
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| 50 | 50 | | contract carrier unless proven otherwise. |
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| 51 | 51 | | (c) This section does not apply to a political contribution |
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| 52 | 52 | | that was made and accepted with the intent that it be used: |
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| 53 | 53 | | (1) in an election held or ordered during a [the] |
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| 54 | 54 | | period prescribed by Subsection (a), (a-1), or (a-2) in which the |
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| 55 | 55 | | person accepting the contribution is a candidate if the |
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| 56 | 56 | | contribution was made after the person appointed a campaign |
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| 57 | 57 | | treasurer with the appropriate authority and before the person was |
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| 58 | 58 | | sworn in for that office; |
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| 59 | 59 | | (2) to defray expenses incurred in connection with an |
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| 60 | 60 | | election contest; or |
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| 61 | 61 | | (3) by a person who holds a state office or a member of |
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| 62 | 62 | | the legislature if the person or member was defeated at the general |
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| 63 | 63 | | election held immediately before the session is convened or by a |
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| 64 | 64 | | specific-purpose political committee that supports or assists only |
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| 65 | 65 | | that person or member. |
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| 66 | 66 | | SECTION 3. The changes in law made by this Act apply only to |
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| 67 | 67 | | a political contribution made on or after the effective date of this |
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| 68 | 68 | | Act. A political contribution made before the effective date of |
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| 69 | 69 | | this Act is governed by the law in effect on the date the |
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| 70 | 70 | | contribution was made, and the former law is continued in effect for |
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| 71 | 71 | | that purpose. |
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| 72 | 72 | | SECTION 4. This Act takes effect on the 91st day after the |
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| 73 | 73 | | last day of the legislative session. |
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