1 | 1 | | 88R6818 MPF-D |
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2 | 2 | | By: Kolkhorst S.B. No. 710 |
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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 | | during a special legislative session; creating a criminal offense. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. The heading to Section 253.034, Election Code, |
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11 | 11 | | is amended to read as follows: |
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12 | 12 | | Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND |
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13 | 13 | | FOLLOWING [REGULAR] LEGISLATIVE SESSION. |
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14 | 14 | | SECTION 2. Section 253.034, Election Code, is amended by |
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15 | 15 | | adding Subsection (a-1) and amending Subsections (b) and (c) to |
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16 | 16 | | read as follows: |
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17 | 17 | | (a-1) During the period beginning on the date a special |
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18 | 18 | | legislative session convenes and continuing through the date of |
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19 | 19 | | final adjournment of the special legislative session, a person may |
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20 | 20 | | not knowingly make a political contribution to: |
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21 | 21 | | (1) a statewide officeholder; |
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22 | 22 | | (2) a member of the legislature; or |
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23 | 23 | | (3) a specific-purpose committee for supporting, |
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24 | 24 | | opposing, or assisting a statewide officeholder or member of the |
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25 | 25 | | legislature. |
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26 | 26 | | (b) A statewide officeholder, a member of the legislature, |
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27 | 27 | | or a specific-purpose committee for supporting, opposing, or |
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28 | 28 | | assisting a statewide officeholder or member of the legislature may |
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29 | 29 | | not knowingly accept a political contribution, and shall refuse a |
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30 | 30 | | political contribution that is received, during an applicable [the] |
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31 | 31 | | period prescribed by Subsection (a) or (a-1). A political |
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32 | 32 | | contribution that is received and refused during that period shall |
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33 | 33 | | be returned to the contributor not later than the 30th day after the |
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34 | 34 | | date of receipt. A contribution made by United States mail or by |
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35 | 35 | | common or contract carrier is not considered received during that |
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36 | 36 | | period if it was properly addressed and placed with postage or |
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37 | 37 | | carrier charges prepaid or prearranged in the mail or delivered to |
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38 | 38 | | the contract carrier before the beginning of the period. The date |
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39 | 39 | | indicated by the post office cancellation mark or the common or |
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40 | 40 | | contract carrier documents is considered to be the date the |
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41 | 41 | | contribution was placed in the mail or delivered to the common or |
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42 | 42 | | contract carrier unless proven otherwise. |
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43 | 43 | | (c) This section does not apply to a political contribution |
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44 | 44 | | that was made and accepted with the intent that it be used: |
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45 | 45 | | (1) in an election held or ordered during a [the] |
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46 | 46 | | period prescribed by Subsection (a) or (a-1) in which the person |
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47 | 47 | | accepting the contribution is a candidate if the contribution was |
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48 | 48 | | made after the person appointed a campaign treasurer with the |
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49 | 49 | | appropriate authority and before the person was sworn in for that |
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50 | 50 | | office; |
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51 | 51 | | (2) to defray expenses incurred in connection with an |
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52 | 52 | | election contest; or |
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53 | 53 | | (3) by a person who holds a state office or a member of |
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54 | 54 | | the legislature if the person or member was defeated at the general |
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55 | 55 | | election held immediately before the session is convened or by a |
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56 | 56 | | specific-purpose political committee that supports or assists only |
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57 | 57 | | that person or member. |
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58 | 58 | | SECTION 3. The changes in law made by this Act apply only to |
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59 | 59 | | a political contribution made on or after the effective date of this |
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60 | 60 | | Act. A political contribution made before the effective date of |
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61 | 61 | | this Act is governed by the law in effect on the date the |
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62 | 62 | | contribution was made, and the former law is continued in effect for |
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63 | 63 | | that purpose. |
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64 | 64 | | SECTION 4. This Act takes effect September 1, 2023. |
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