Bill Text: TX HB249 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the making and acceptance of political contributions before, during, or following a special legislative session; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-07-12 - Filed [HB249 Detail]
Download: Texas-2021-HB249-Introduced.html
87S10310 TJB-D | ||
By: Middleton | H.B. No. 249 |
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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 [ |
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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 [ |
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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 [ |
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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 on the 91st day after the | ||
last day of the legislative session. |