CHAPTER 253. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES - Texas Statutes

ELECTION CODE

TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS

CHAPTER 253. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

SUBCHAPTER A. GENERAL RESTRICTIONS

Sec. 253.001. CONTRIBUTION OR EXPENDITURE IN ANOTHER'S NAME

PROHIBITED. (a) A person may not knowingly make or authorize a

political contribution in the name of or on behalf of another

unless the person discloses in writing to the recipient the name

and address of the person actually making the contribution in

order for the recipient to make the proper disclosure.

(b) A person may not knowingly make or authorize a political

expenditure in the name of or on behalf of another unless the

person discloses in writing to the person on whose behalf the

expenditure is made the name and address of the person actually

making the expenditure in order for the person on whose behalf

the expenditure is made to make the proper disclosure.

(c) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 1134, Sec. 3, eff. Sept. 1, 1997.

Sec. 253.002. UNLAWFUL DIRECT CAMPAIGN EXPENDITURE. (a) A

person may not knowingly make or authorize a direct campaign

expenditure.

(b) This section does not apply to:

(1) an individual making an expenditure authorized by Subchapter

C;

(2) a corporation or labor organization making an expenditure

authorized by Subchapter D;

(3) a candidate making or authorizing an expenditure for the

candidate's own election;

(4) a political committee; or

(5) a campaign treasurer or assistant campaign treasurer acting

in an official capacity.

(c) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.003. UNLAWFULLY MAKING OR ACCEPTING CONTRIBUTION. (a)

A person may not knowingly make a political contribution in

violation of this chapter.

(b) A person may not knowingly accept a political contribution

the person knows to have been made in violation of this chapter.

(c) This section does not apply to a political contribution made

or accepted in violation of Subchapter F.

(d) Except as provided by Subsection (e), a person who violates

this section commits an offense. An offense under this section is

a Class A misdemeanor.

(e) A violation of Subsection (a) or (b) is a felony of the

third degree if the contribution is made in violation of

Subchapter D.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1995, 74th Leg., ch. 763, Sec. 2, eff. June 16, 1995.

Sec. 253.004. UNLAWFULLY MAKING EXPENDITURE. (a) A person may

not knowingly make or authorize a political expenditure in

violation of this chapter.

(b) This section does not apply to a political expenditure made

or authorized in violation of Subchapter F.

(c) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1995, 74th Leg., ch. 763, Sec. 2, eff. June 16, 1995.

Sec. 253.005. EXPENDITURE FROM UNLAWFUL CONTRIBUTION. (a) A

person may not knowingly make or authorize a political

expenditure wholly or partly from a political contribution the

person knows to have been made in violation of this chapter.

(b) This section does not apply to a political expenditure that

is:

(1) prohibited by Section 253.101; or

(2) made from a political contribution made in violation of

Subchapter F.

(c) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1995, 74th Leg., ch. 763, Sec. 2, eff. June 16, 1995.

SUBCHAPTER B. CANDIDATES, OFFICEHOLDERS, AND POLITICAL COMMITTEES

Sec. 253.031. CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN

TREASURER PROHIBITED. (a) A candidate may not knowingly accept

a campaign contribution or make or authorize a campaign

expenditure at a time when a campaign treasurer appointment for

the candidate is not in effect.

(b) A political committee may not knowingly accept political

contributions totaling more than $500 or make or authorize

political expenditures totaling more than $500 at a time when a

campaign treasurer appointment for the committee is not in

effect.

(c) A political committee may not knowingly make or authorize a

campaign contribution or campaign expenditure supporting or

opposing a candidate for an office specified by Section

252.005(1) in a primary or general election unless the

committee's campaign treasurer appointment has been filed not

later than the 30th day before the appropriate election day.

(d) This section does not apply to a political party's county

executive committee that accepts political contributions or makes

political expenditures, except that:

(1) a county executive committee that accepts political

contributions or makes political expenditures shall maintain the

records required by Section 254.001; and

(2) a county executive committee that accepts political

contributions or makes political expenditures that, in the

aggregate, exceed $25,000 in a calendar year shall file:

(A) a campaign treasurer appointment as required by Section

252.001 not later than the 15th day after the date that amount is

exceeded; and

(B) the reports required by Subchapter F, Chapter 254, including

in the political committee's first report all political

contributions accepted and all political expenditures made before

the effective date of the campaign treasurer appointment.

(e) This section does not apply to an out-of-state political

committee unless the committee is subject to Chapter 252 under

Section 251.005.

(f) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1991, 72nd Leg., ch. 304, Sec. 5.04, eff. Jan. 1,

1992; Acts 1993, 73rd Leg., ch. 531, Sec. 2, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1079, Sec. 1, eff. June 18, 2005.

Sec. 253.032. LIMITATION ON CONTRIBUTION BY OUT-OF-STATE

COMMITTEE. (a) In a reporting period, a candidate,

officeholder, or political committee may not knowingly accept

political contributions totaling more than $500 from an

out-of-state political committee unless, before accepting a

contribution that would cause the total to exceed $500, the

candidate, officeholder, or political committee, as applicable,

receives from the out-of-state committee:

(1) a written statement, certified by an officer of the

out-of-state committee, listing the full name and address of each

person who contributed more than $100 to the out-of-state

committee during the 12 months immediately preceding the date of

the contribution; or

(2) a copy of the out-of-state committee's statement of

organization filed as required by law with the Federal Election

Commission and certified by an officer of the out-of-state

committee.

(b) This section does not apply to a contribution from an

out-of-state political committee if the committee appointed a

campaign treasurer under Chapter 252 before the contribution was

made and is subject to the reporting requirements of Chapter 254.

(c) A person who violates Subsection (a) commits an offense. An

offense under this section is a Class A misdemeanor.

(d) A candidate, officeholder, or political committee shall

include the statement or copy required by Subsection (a) as a

part of the report filed under Chapter 254 that covers the

reporting period to which Subsection (a) applies.

(e) A candidate, officeholder, or political committee that

accepts political contributions totaling $500 or less from an

out-of-state political committee shall include as part of the

report filed under Chapter 254 that covers the reporting period

in which the contribution is accepted:

(1) the same information for the out-of-state political

committee required for general-purpose committees by Sections

252.002 and 252.003; or

(2) a copy of the out-of-state committee's statement of

organization filed as required by law with the Federal Election

Commission and certified by an officer of the out-of-state

committee.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1995, 74th Leg., ch. 996, Sec. 7, eff. Sept. 1, 1995.

Sec. 253.033. CASH CONTRIBUTIONS EXCEEDING $100 PROHIBITED. (a)

A candidate, officeholder, or specific-purpose committee may not

knowingly accept from a contributor in a reporting period

political contributions in cash that in the aggregate exceed

$100.

(b) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND FOLLOWING

REGULAR LEGISLATIVE SESSION. (a) During the period beginning on

the 30th day before the date a regular legislative session

convenes and continuing through the 20th day after the date of

final adjournment, a person may not knowingly make a political

contribution to:

(1) a statewide officeholder;

(2) a member of the legislature; or

(3) a specific-purpose committee for supporting, opposing, or

assisting a statewide officeholder or member of the legislature.

(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 the period

prescribed by Subsection (a). 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 the period prescribed

by Subsection (a) 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.

(d) This section does not apply to a political contribution made

to or accepted by a holder of an office to which Subchapter F

applies.

(e) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1991, 72nd Leg., ch. 304, Sec. 5.05, eff. Jan. 1,

1992; Acts 1997, 75th Leg., ch. 1134, Sec. 4, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 249, Sec. 2.05, 2.06, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

426, Sec. 1, eff. September 1, 2009.

Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO LEGISLATIVE

CAUCUSES DURING AND FOLLOWING REGULAR LEGISLATIVE SESSION. (a)

During the period beginning on the 30th day before the date a

regular legislative session convenes and continuing through the

20th day after the date of final adjournment, a person not a

member of the caucus may not knowingly make a contribution to a

legislative caucus.

(b) A legislative caucus may not knowingly accept from a

nonmember a contribution, and shall refuse a contribution from a

nonmember that is received, during the period prescribed by

Subsection (a). A 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) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

(d) A person who knowingly makes or accepts a contribution in

violation of this section is liable for damages to the state in

the amount of triple the value of the unlawful contribution.

(e) In this section, "legislative caucus" means an organization

that is composed exclusively of members of the legislature, that

elects or appoints officers and recognizes identified legislators

as members of the organization, and that exists for research and

other support of policy development and interests that the

membership hold in common. The term includes an entity

established by or for a legislative caucus to conduct research,

education, or any other caucus activity. An organization whose

only nonlegislator members are the lieutenant governor or the

governor remains a "legislative caucus" for purposes of this

section.

Added by Acts 1995, 74th Leg., ch. 43, Sec. 1, eff. Aug. 28,

1995. Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 5, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 249, Sec. 2.07, 2.08,

eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

426, Sec. 2, eff. September 1, 2009.

Sec. 253.035. RESTRICTIONS ON PERSONAL USE OF CONTRIBUTIONS.

(a) A person who accepts a political contribution as a candidate

or officeholder may not convert the contribution to personal use.

(b) A specific-purpose committee that accepts a political

contribution may not convert the contribution to the personal use

of a candidate, officeholder, or former candidate or

officeholder.

(c) The prohibitions prescribed by Subsections (a) and (b)

include the personal use of an asset purchased with the

contribution and the personal use of any interest and other

income earned on the contribution.

(d) In this section, "personal use" means a use that primarily

furthers individual or family purposes not connected with the

performance of duties or activities as a candidate for or holder

of a public office. The term does not include:

(1) payments made to defray ordinary and necessary expenses

incurred in connection with activities as a candidate or in

connection with the performance of duties or activities as a

public officeholder, including payment of rent, utility, and

other reasonable housing or household expenses incurred in

maintaining a residence in Travis County by members of the

legislature who do not ordinarily reside in Travis County, but

excluding payments prohibited under Section 253.038; or

(2) payments of federal income taxes due on interest and other

income earned on political contributions.

(e) Subsection (a) applies only to political contributions

accepted on or after September 1, 1983. Subsection (b) applies

only to political contributions accepted on or after September 1,

1987.

(f) A person who converts a political contribution to the

person's personal use in violation of this section is civilly

liable to the state for an amount equal to the amount of the

converted contribution plus reasonable court costs.

(g) A specific-purpose committee that converts a political

contribution to the personal use of a candidate, officeholder, or

former candidate or officeholder in violation of this section is

civilly liable to the state for an amount equal to the amount of

the converted contribution plus reasonable court costs.

(h) Except as provided by Section 253.0351 or 253.042, a

candidate or officeholder who makes political expenditures from

the candidate's or officeholder's personal funds may reimburse

those personal funds from political contributions in the amount

of those expenditures only if:

(1) the expenditures from personal funds were fully reported as

political expenditures, including the payees, dates, purposes,

and amounts of the expenditures, in the report required to be

filed under this title that covers the period in which the

expenditures from personal funds were made; and

(2) the report on which the expenditures from personal funds are

disclosed clearly designates those expenditures as having been

made from the person's personal funds and that the expenditures

are subject to reimbursement.

(i) "Personal use" does not include the use of contributions

for:

(1) defending a criminal action or prosecuting or defending a

civil action brought by or against the person in the person's

status as a candidate or officeholder; or

(2) participating in an election contest or participating in a

civil action to determine a person's eligibility to be a

candidate for, or elected or appointed to, a public office in

this state.

(j), (k) Repealed by Acts 1991, 72nd Leg., ch. 304, Sec. 5.20,

eff. Jan. 1, 1992.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1991, 72nd Leg., ch. 304, Sec. 5.06, eff. Jan. 1,

1992; Acts 1995, 74th Leg., ch. 996, Sec. 9, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 864, Sec. 240, eff. Sept. 1, 1997.

Sec. 253.0351. LOANS FROM PERSONAL FUNDS. (a) A candidate or

officeholder who makes political expenditures from the

candidate's or officeholder's personal funds may report the

amount expended as a loan and may reimburse those personal funds

from political contributions in the amount of the reported loan.

(b) Section 253.035(h) applies if the person does not report an

amount as a loan as authorized by Subsection (a).

Added by Acts 1995, 74th Leg., ch. 996, Sec. 8, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 241, eff.

Sept. 1, 1997.

Sec. 253.036. OFFICEHOLDER CONTRIBUTIONS USED IN CONNECTION WITH

CAMPAIGN. An officeholder who lawfully accepts officeholder

contributions may use those contributions in connection with the

officeholder's campaign for elective office after appointing a

campaign treasurer.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.037. RESTRICTIONS ON CONTRIBUTION OR EXPENDITURE BY

GENERAL-PURPOSE COMMITTEE. (a) A general-purpose committee may

not knowingly make or authorize a political contribution or

political expenditure unless the committee has:

(1) filed its campaign treasurer appointment not later than the

60th day before the date the contribution or expenditure is made;

and

(2) accepted political contributions from at least 10 persons.

(b) A general-purpose committee may not knowingly make a

political contribution to another general-purpose committee

unless the other committee is listed in the campaign treasurer

appointment of the contributor committee.

(c) Subsection (a) does not apply to a political party's county

executive committee that is complying with Section 253.031 or to

a general-purpose committee that accepts contributions from a

multicandidate political committee (as defined by the Federal

Election Campaign Act) that is registered with the Federal

Election Commission, provided that the general-purpose committee

is in compliance with Section 253.032.

(d) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 531, Sec. 1, eff. Sept. 1, 1993.

Sec. 253.038. PAYMENTS MADE TO PURCHASE REAL PROPERTY OR TO RENT

CERTAIN REAL PROPERTY PROHIBITED. (a) A candidate or

officeholder or a specific-purpose committee for supporting,

opposing, or assisting the candidate or officeholder may not

knowingly make or authorize a payment from a political

contribution to purchase real property or to pay the interest on

or principal of a note for the purchase of real property.

(a-1) A candidate or officeholder or a specific-purpose

committee for supporting, opposing, or assisting the candidate or

officeholder may not knowingly make or authorize a payment from a

political contribution for the rental or purchase of real

property from:

(1) a person related within the second degree by consanguinity

or affinity, as determined under Chapter 573, Government Code, to

the candidate or officeholder; or

(2) a business in which the candidate or officeholder or a

person described by Subdivision (1) has a participating interest

of more than 10 percent, holds a position on the governing body,

or serves as an officer.

(b) A person who violates this section commits an offense. An

offense under this subsection is a Class A misdemeanor.

(c) This section does not apply to a payment made in connection

with real property that was purchased before January 1, 1992.

Added by Acts 1991, 72nd Leg., ch. 304, Sec. 5.07, eff. Jan. 1,

1992.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1087, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1087, Sec. 2, eff. September 1, 2007.

Sec. 253.039. CONTRIBUTIONS IN CERTAIN PUBLIC BUILDINGS

PROHIBITED. (a) A person may not knowingly make or authorize a

political contribution while in the Capitol or a courthouse to:

(1) a candidate or officeholder;

(2) a political committee; or

(3) a person acting on behalf of a candidate, officeholder, or

political committee.

(b) A candidate, officeholder, or political committee or a

person acting on behalf of a candidate, officeholder, or

political committee may not knowingly accept a political

contribution, and shall refuse a political contribution that is

received, in the Capitol or a courthouse.

(c) This section does not prohibit contributions made in the

Capitol or a courthouse through the United States postal service

or a common or contract carrier.

(d) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

(h) In this section, "courthouse" means any building owned by

the state, a county, or a municipality, or an office or part of a

building leased to the state, a county, or a municipality, in

which a justice or judge sits to conduct court proceedings.

Added by Acts 1991, 72nd Leg., ch. 304, Sec. 5.07, eff. Jan. 1,

1992.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1219, Sec. 1, eff. September 1, 2009.

Sec. 253.040. SEPARATE ACCOUNTS. (a) Each candidate or

officeholder shall keep the person's campaign and officeholder

contributions in one or more accounts that are separate from any

other account maintained by the person.

(b) A person who violates this section commits an offense. An

offense under this section is a Class B misdemeanor.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 2.09, eff. Sept. 1,

2003.

Sec. 253.041. RESTRICTIONS ON CERTAIN PAYMENTS. (a) A

candidate or officeholder or a specific-purpose committee for

supporting, opposing, or assisting the candidate or officeholder

may not knowingly make or authorize a payment from a political

contribution if the payment is made for personal services

rendered by the candidate or officeholder or by the spouse or

dependent child of the candidate or officeholder to:

(1) a business in which the candidate or officeholder has a

participating interest of more than 10 percent, holds a position

on the governing body of the business, or serves as an officer of

the business; or

(2) the candidate or officeholder or the spouse or dependent

child of the candidate or officeholder.

(b) A payment that is made from a political contribution to a

business described by Subsection (a) and that is not prohibited

by that subsection may not exceed the amount necessary to

reimburse the business for actual expenditures made by the

business.

(c) A person who violates this section commits an offense. An

offense under this subsection is a Class A misdemeanor.

Added by Acts 1991, 72nd Leg., ch. 304, Sec. 5.07, eff. Jan. 1,

1992.

Sec. 253.042. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL FUNDS

AND PAYMENTS ON CERTAIN LOANS. (a) A candidate or officeholder

who makes political expenditures from the candidate's or

officeholder's personal funds may not reimburse those personal

funds from political contributions in amounts that in the

aggregate exceed the following amounts for each election in which

the person's name appears on the ballot:

(1) for a statewide office other than governor, $250,000; and

(2) for governor, $500,000.

(b) A candidate or officeholder who accepts one or more

political contributions in the form of loans, including an

extension of credit or a guarantee of a loan or extension of

credit, from one or more persons related to the candidate or

officeholder within the second degree by affinity or

consanguinity may not use political contributions to repay the

loans in amounts that in the aggregate exceed the amount

prescribed by Subsection (a).

(c) The total amount of both reimbursements and repayments made

by a candidate or officeholder under this section may not exceed

the amount prescribed by Subsection (a).

(d) A person who is both a candidate and an officeholder covered

by Subsection (a) may reimburse the person's personal funds or

repay loans from political contributions only in one capacity.

(e) This section does not prohibit the payment of interest on

loans covered by this section at a commercially reasonable rate,

except that interest on loans from a candidate's or

officeholder's personal funds or on loans from the personal funds

of any person related to the candidate or officeholder within the

second degree by affinity or consanguinity is included in the

amount prescribed by Subsection (a), (b), or (c).

(f) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

(g) The commission shall study possible restrictions on amounts

of reimbursements under Subsection (a) in connection with the

offices of state senator and state representative and shall make

appropriate recommendations to the legislature on those matters.

Added by Acts 1991, 72nd Leg., ch. 304, Sec. 5.07, eff. Jan. 1,

1992. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 242, eff.

Sept. 1, 1997.

Sec. 253.043. POLITICAL CONTRIBUTIONS USED IN CONNECTION WITH

APPOINTIVE OFFICE. A former candidate or former officeholder who

lawfully accepts political contributions may use those

contributions to make an expenditure to defray expenses incurred

by the person in performing a duty or engaging in an activity in

connection with an appointive office of a state board or

commission.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 2.09, eff. Sept. 1,

2003.

SUBCHAPTER C. INDIVIDUALS

Sec. 253.061. DIRECT EXPENDITURE OF $100 OR LESS. Except as

otherwise provided by law, an individual not acting in concert

with another person may make one or more direct campaign

expenditures in an election from the individual's own property

if:

(1) the total expenditures on any one or more candidates or

measures do not exceed $100; and

(2) the individual receives no reimbursement for the

expenditures.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 864, Sec. 243, eff. Sept. 1,

1997.

Sec. 253.062. DIRECT EXPENDITURE EXCEEDING $100. (a) Except as

otherwise provided by law, an individual not acting in concert

with another person may make one or more direct campaign

expenditures in an election from the individual's own property

that exceed $100 on any one or more candidates or measures if:

(1) the individual complies with Chapter 254 as if the

individual were a campaign treasurer of a political committee;

and

(2) the individual receives no reimbursement for the

expenditures.

(b) An individual making expenditures under this section is not

required to file a campaign treasurer appointment.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 864, Sec. 244, eff. Sept. 1,

1997.

Sec. 253.063. TRAVEL EXPENSE. A direct campaign expenditure

consisting of personal travel expenses incurred by an individual

may be made without complying with Section 253.062(a)(1).

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

SUBCHAPTER D. CORPORATIONS AND LABOR ORGANIZATIONS

Sec. 253.091. CORPORATIONS COVERED. This subchapter applies

only to corporations that are organized under the Texas Business

Corporation Act, the Texas For-Profit Corporation Law, the Texas

Non-Profit Corporation Act, the Texas Nonprofit Corporation Law,

federal law, or law of another state or nation.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

481, Sec. 1, eff. September 1, 2007.

Sec. 253.092. TREATMENT OF INCORPORATED POLITICAL COMMITTEE. If

a political committee the only principal purpose of which is

accepting political contributions and making political

expenditures incorporates for liability purposes only, the

committee is not considered to be a corporation for purposes of

this subchapter.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.093. CERTAIN ASSOCIATIONS COVERED. (a) For purposes

of this subchapter, the following associations, whether

incorporated or not, are considered to be corporations covered by

this subchapter: banks, trust companies, savings and loan

associations or companies, insurance companies, reciprocal or

interinsurance exchanges, railroad companies, cemetery companies,

government-regulated cooperatives, stock companies, and abstract

and title insurance companies.

(b) For purposes of this subchapter, the members of the

associations specified by Subsection (a) are considered to be

stockholders.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.094. CONTRIBUTIONS AND EXPENDITURES PROHIBITED. (a) A

corporation or labor organization may not make a political

contribution or political expenditure that is not authorized by

this subchapter.

(b) A corporation or labor organization may not make a political

contribution or political expenditure in connection with a recall

election, including the circulation and submission of a petition

to call an election.

(c) A person who violates this section commits an offense. An

offense under this section is a felony of the third degree.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.095. PUNISHMENT OF AGENT. An officer, director, or

other agent of a corporation or labor organization who commits an

offense under this subchapter is punishable for the grade of

offense applicable to the corporation or labor organization.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.096. CONTRIBUTION ON MEASURE. A corporation or labor

organization may make campaign contributions from its own

property in connection with an election on a measure only to a

political committee for supporting or opposing measures

exclusively.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.097. DIRECT EXPENDITURE ON MEASURE. A corporation or

labor organization not acting in concert with another person may

make one or more direct campaign expenditures from its own

property in connection with an election on a measure if the

corporation or labor organization makes the expenditures in

accordance with Section 253.061 or 253.062 as if the corporation

or labor organization were an individual.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.098. COMMUNICATION WITH STOCKHOLDERS OR MEMBERS. (a)

A corporation or labor organization may make one or more direct

campaign expenditures from its own property for the purpose of

communicating directly with its stockholders or members, as

applicable, or with the families of its stockholders or members.

(b) An expenditure under this section is not reportable under

Chapter 254.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.099. NONPARTISAN VOTER REGISTRATION AND

GET-OUT-THE-VOTE CAMPAIGNS. (a) A corporation or labor

organization may make one or more expenditures to finance

nonpartisan voter registration and get-out-the-vote campaigns

aimed at its stockholders or members, as applicable, or at the

families of its stockholders or members.

(b) An expenditure under this section is not reportable under

Chapter 254.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.100. EXPENDITURES FOR GENERAL-PURPOSE COMMITTEE. (a)

A corporation, acting alone or with one or more other

corporations, may make one or more political expenditures to

finance the establishment or administration of a general-purpose

committee. In addition to any other expenditure that is

considered permissible under this section, a corporation may make

an expenditure for the maintenance and operation of a

general-purpose committee, including an expenditure for:

(1) office space maintenance and repairs;

(2) telephone and Internet services;

(3) office equipment;

(4) utilities;

(5) general office and meeting supplies;

(6) salaries for routine clerical, data entry, and

administrative assistance necessary for the proper administrative

operation of the committee;

(7) legal and accounting fees for the committee's compliance

with this title;

(8) routine administrative expenses incurred in establishing and

administering a general-purpose political committee;

(9) management and supervision of the committee, including

expenses incurred in holding meetings of the committee's

governing body to interview candidates and make endorsements

relating to the committee's support;

(10) the recording of committee decisions;

(11) expenses incurred in hosting candidate forums in which all

candidates for a particular office in an election are invited to

participate on the same terms; or

(12) expenses incurred in preparing and delivering committee

contributions.

(b) A corporation may make political expenditures to finance the

solicitation of political contributions to a general-purpose

committee assisted under Subsection (a) from the stockholders,

employees, or families of stockholders or employees of one or

more corporations.

(c) A labor organization may engage in activity authorized for a

corporation by this section. For purposes of this section, the

members of a labor organization are considered to be corporate

stockholders.

(d) A corporation or labor organization may not make

expenditures under this section for:

(1) political consulting to support or oppose a candidate;

(2) telephoning or telephone banks to communicate with the

public;

(3) brochures and direct mail supporting or opposing a

candidate;

(4) partisan voter registration and get-out-the-vote drives;

(5) political fund-raising other than from its stockholders or

members, as applicable, or the families of its stockholders or

members;

(6) voter identification efforts, voter lists, or voter

databases that include persons other than its stockholders or

members, as applicable, or the families of its stockholders or

members;

(7) polling designed to support or oppose a candidate other than

of its stockholders or members, as applicable, or the families of

its stockholders or members; or

(8) recruiting candidates.

(e) Subsection (d) does not apply to a corporation or labor

organization making an expenditure to communicate with its

stockholders or members, as applicable, or with the families of

its stockholders or members as provided by Section 253.098.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 2003, 78th Leg., ch. 249, Sec. 2.26, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1306, Sec. 1, eff. June 19, 2009.

Sec. 253.101. UNLAWFUL CONTRIBUTION OR EXPENDITURE BY COMMITTEE.

(a) A political committee assisted by a corporation or labor

organization under Section 253.100 may not make a political

contribution or political expenditure in whole or part from money

that is known by a member or officer of the political committee

to be dues, fees, or other money required as a condition of

employment or condition of membership in a labor organization.

(b) A person who violates this section commits an offense. An

offense under this section is a felony of the third degree.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.102. COERCION PROHIBITED. (a) A corporation or labor

organization or a political committee assisted by a corporation

or labor organization under Section 253.100 commits an offense if

it uses or threatens to use physical force, job discrimination,

or financial reprisal to obtain money or any other thing of value

to be used to influence the result of an election or to assist an

officeholder.

(b) A political committee assisted by a corporation or labor

organization under Section 253.100 commits an offense if it

accepts or uses money or any other thing of value that is known

by a member or officer of the political committee to have been

obtained in violation of Subsection (a).

(c) An offense under this section is a felony of the third

degree.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.103. CORPORATE LOANS. (a) A corporation may not make

a loan to a candidate, officeholder, or political committee for

campaign or officeholder purposes unless:

(1) the corporation has been legally and continuously engaged in

the business of lending money for at least one year before the

loan is made; and

(2) the loan is made in the due course of business.

(b) This section does not apply to a loan covered by Section

253.096.

(c) A person who violates this section commits an offense. An

offense under this section is a felony of the third degree.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.104. CONTRIBUTION TO POLITICAL PARTY. (a) A

corporation or labor organization may make a contribution from

its own property to a political party to be used as provided by

Chapter 257.

(b) A corporation or labor organization may not knowingly make a

contribution authorized by Subsection (a) during a period

beginning on the 60th day before the date of a general election

for state and county officers and continuing through the day of

the election.

(c) A corporation or labor organization that knowingly makes a

contribution in violation of this section commits an offense. An

offense under this section is a felony of the third degree.

Added by Acts 1991, 72nd Leg., ch. 304, Sec. 5.08, eff. Jan. 1,

1992.

SUBCHAPTER E. CIVIL LIABILITY

Sec. 253.131. LIABILITY TO CANDIDATES. (a) A person who

knowingly makes or accepts a campaign contribution or makes a

campaign expenditure in violation of this chapter is liable for

damages as provided by this section.

(b) If the contribution or expenditure is in support of a

candidate, each opposing candidate whose name appears on the

ballot is entitled to recover damages under this section.

(c) If the contribution or expenditure is in opposition to a

candidate, the candidate is entitled to recover damages under

this section.

(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.

(e) Reasonable attorney's fees incurred in the suit may be

awarded to the defendant if judgment is rendered in the

defendant's favor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.132. LIABILITY TO POLITICAL COMMITTEES. (a) A

corporation or labor organization that knowingly makes a campaign

contribution to a political committee or a direct campaign

expenditure in violation of Subchapter D is liable for damages as

provided by this section to each political committee of opposing

interest in the election in connection with which the

contribution or expenditure is made.

(b) 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.

(c) Reasonable attorney's fees incurred in the suit may be

awarded to the defendant if judgment is rendered in the

defendant's favor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.133. LIABILITY TO STATE. A person who knowingly makes

or accepts a political contribution or makes a political

expenditure in violation of this chapter is liable for damages to

the state in the amount of triple the value of the unlawful

contribution or expenditure.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 253.134. CIVIL PENALTIES IMPOSED BY COMMISSION. This title

does not prohibit the imposition of civil penalties by the

commission in addition to criminal penalties or other sanctions

imposed by law.

Added by Acts 1991, 72nd Leg., ch. 304, Sec. 5.09, eff. Jan. 1,

1992.

SUBCHAPTER F. JUDICIAL CAMPAIGN FAIRNESS ACT

Sec. 253.151. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a political contribution or political expenditure

in connection with the office of:

(1) chief justice or justice, supreme court;

(2) presiding judge or judge, court of criminal appeals;

(3) chief justice or justice, court of appeals;

(4) district judge;

(5) judge, statutory county court; or

(6) judge, statutory probate court.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995.

Sec. 253.152. DEFINITIONS. In this subchapter:

(1) "Complying candidate" or "complying officeholder" means a

judicial candidate who files a declaration of compliance under

Section 253.164(a)(1).

(2) "In connection with an election" means:

(A) with regard to a contribution that is designated in writing

for a particular election, the election designated; or

(B) with regard to a contribution that is not designated in

writing for a particular election or that is designated as an

officeholder contribution, the next election for that office

occurring after the contribution is made.

(3) "Judicial district" means the territory from which a

judicial candidate is elected.

(4) "Noncomplying candidate" means a judicial candidate who:

(A) files a declaration of intent to exceed the limits on

expenditures under Section 253.164(a)(2);

(B) files a declaration of compliance under Section

253.164(a)(1) but later exceeds the limits on expenditures;

(C) fails to file a declaration of compliance under Section

253.164(a)(1) or a declaration of intent under Section

253.164(a)(2); or

(D) violates Section 253.173 or 253.174.

(5) "Statewide judicial office" means the office of chief

justice or justice, supreme court, or presiding judge or judge,

court of criminal appeals.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995. Amended by Acts 1997, 75th Leg., ch. 479, Sec. 1, eff.

Sept. 1, 1997.

Sec. 253.153. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION

PERIOD. (a) A judicial candidate or officeholder, a

specific-purpose committee for supporting or opposing a judicial

candidate, or a specific-purpose committee for assisting a

judicial officeholder may not knowingly accept a political

contribution except during the period:

(1) beginning on:

(A) the 210th day before the date an application for a place on

the ballot or for nomination by convention for the office is

required to be filed, if the election is for a full term; or

(B) the later of the 210th day before the date an application

for a place on the ballot or for nomination by convention for the

office is required to be filed or the date a vacancy in the

office occurs, if the election is for an unexpired term; and

(2) ending on the 120th day after the date of the election in

which the candidate or officeholder last appeared on the ballot,

regardless of whether the candidate or officeholder has an

opponent in that election.

(b) Subsection (a)(2) does not apply to a political contribution

that was made and accepted with the intent that it be used to

defray expenses incurred in connection with an election,

including the repayment of any debt that is:

(1) incurred directly by the making of a campaign expenditure

during the period beginning on the date the application for a

place on the ballot or for nomination by convention was required

to be filed for the election in which the candidate last appeared

on the ballot and ending on the date of that election; and

(2) subject to the restrictions prescribed by Sections 253.162

and 253.1621.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1329, Sec. 2,

eff. September 1, 2009.

(d) A person who violates this section is liable for a civil

penalty not to exceed three times the amount of the political

contributions accepted in violation of this section.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995. Amended by Acts 1997, 75th Leg., ch. 479, Sec. 2, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1329, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1329, Sec. 2, eff. September 1, 2009.

Sec. 253.154. WRITE-IN CANDIDACY. (a) A write-in candidate for

judicial office or a specific-purpose committee for supporting a

write-in candidate for judicial office may not knowingly accept a

political contribution before the candidate files a declaration

of write-in candidacy.

(b) A person who violates this section is liable for a civil

penalty not to exceed three times the amount of the political

contributions accepted in violation of this section.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995.

Sec. 253.1541. ACCEPTANCE OF OFFICEHOLDER CONTRIBUTIONS BY

PERSON APPOINTED TO FILL VACANCY. (a) This section applies only

to a person appointed to fill a vacancy in an office covered by

this subchapter who, at the time of appointment, does not hold

another office covered by this subchapter.

(b) Notwithstanding Section 253.153, a person to whom this

section applies may accept officeholder contributions beginning

on the date the person assumes the duties of office and ending on

the 60th day after that date.

Added by Acts 1997, 75th Leg., ch. 552, Sec. 1, eff. Sept. 1,

1997.

Sec. 253.155. CONTRIBUTION LIMITS. (a) Subject to Section

253.1621, a judicial candidate or officeholder may not, except as

provided by Subsection (c), knowingly accept political

contributions from a person that in the aggregate exceed the

limits prescribed by Subsection (b) in connection with each

election in which the person is involved.

(b) The contribution limits are:

(1) for a statewide judicial office, $5,000; or

(2) for any other judicial office:

(A) $1,000, if the population of the judicial district is less

than 250,000;

(B) $2,500, if the population of the judicial district is

250,000 to one million; or

(C) $5,000, if the population of the judicial district is more

than one million.

(c) This section does not apply to a political contribution made

by a general-purpose committee.

(d) For purposes of this section, a contribution by a law firm

whose members are each members of a second law firm is considered

to be a contribution by the law firm that has members other than

the members the firms have in common.

(e) A person who receives a political contribution that violates

Subsection (a) shall return the contribution to the contributor

not later than the later of:

(1) the last day of the reporting period in which the

contribution is received; or

(2) the fifth day after the date the contribution is received.

(f) A person who violates this section is liable for a civil

penalty not to exceed three times the amount of the political

contributions accepted in violation of this section.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995. Amended by Acts 1997, 75th Leg., ch. 479, Sec. 3, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1096, Sec. 2, eff. Sept.

1, 2003.

Sec. 253.157. LIMIT ON CONTRIBUTION BY LAW FIRM OR MEMBER OR

GENERAL-PURPOSE COMMITTEE OF LAW FIRM. (a) Subject to Section

253.1621, a judicial candidate or officeholder may not accept a

political contribution in excess of $50 from a person if:

(1) the person is a law firm, a member of a law firm, or a

general-purpose committee established or controlled by a law

firm; and

(2) the contribution when aggregated with all political

contributions accepted by the candidate or officeholder from the

law firm, other members of the law firm, or a general-purpose

committee established or controlled by the law firm in connection

with the election would exceed six times the applicable

contribution limit under Section 253.155.

(b) A person who receives a political contribution that violates

Subsection (a) shall return the contribution to the contributor

not later than the later of:

(1) the last day of the reporting period in which the

contribution is received; or

(2) the fifth day after the date the contribution is received.

(c) A person who fails to return a political contribution as

required by Subsection (b) is liable for a civil penalty not to

exceed three times the total amount of political contributions

accepted from the law firm, members of the law firm, or

general-purpose committees established or controlled by the law

firm in connection with the election.

(d) For purposes of this section, a general-purpose committee is

established or controlled by a law firm if the committee is

established or controlled by members of the law firm.

(e) In this section:

(1) "Law firm" means a partnership, limited liability

partnership, or professional corporation organized for the

practice of law.

(2) "Member" means a partner, associate, shareholder, employee,

or person designated "of counsel" or "of the firm".

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995. Amended by Acts 1997, 75th Leg., ch. 479, Sec. 5, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 552, Sec. 2, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 5.16, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 1096, Sec. 3, eff. Sept. 1, 2003.

Sec. 253.158. CONTRIBUTION BY SPOUSE OR CHILD CONSIDERED TO BE

CONTRIBUTION BY INDIVIDUAL. (a) For purposes of Sections

253.155 and 253.157, a contribution by the spouse or child of an

individual is considered to be a contribution by the individual.

(b) In this section, "child" means a person under 18 years of

age who is not and has not been married or who has not had the

disabilities of minority removed for general purposes.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995.

Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS. Sections

253.155 and 253.157 do not apply to an individual who is related

to the candidate or officeholder within the second degree by

consanguinity, as determined under Subchapter B, Chapter 573,

Government Code.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995.

Sec. 253.160. AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND DIRECT

CAMPAIGN EXPENDITURES BY GENERAL-PURPOSE COMMITTEE. (a) Subject

to Section 253.1621, a judicial candidate or officeholder may not

knowingly accept a political contribution from a general-purpose

committee that, when aggregated with each other political

contribution from a general-purpose committee in connection with

an election, exceeds 15 percent of the applicable limit on

expenditures prescribed by Section 253.168, regardless of whether

the limit on expenditures is suspended.

(b) A person who receives a political contribution that violates

Subsection (a) shall return the contribution to the contributor

not later than the later of:

(1) the last day of the reporting period in which the

contribution is received; or

(2) the fifth day after the date the contribution is received.

(c) For purposes of this section, an expenditure by a

general-purpose committee for the purpose of supporting a

candidate, for opposing the candidate's opponent, or for

assisting the candidate as an officeholder is considered to be a

contribution to the candidate unless the campaign treasurer of

the general-purpose committee, in an affidavit filed with the

authority with whom the candidate's campaign treasurer

appointment is required to be filed, states that the committee

has not directly or indirectly communicated with the candidate's

campaign, including the candidate, an aide to the candidate, a

campaign officer, or a campaign consultant, or a specific-purpose

committee in regard to a strategic matter, including polling

data, advertising, or voter demographics, in connection with the

candidate's campaign.

(d) This section does not apply to a political expenditure by

the principal political committee of the state executive

committee or a county executive committee of a political party

that complies with Section 253.171(b).

(e) A person who violates this section is liable for a civil

penalty not to exceed three times the amount by which the

political contributions accepted in violation of this section

exceed the applicable limit prescribed by Subsection (a).

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995. Amended by Acts 1997, 75th Leg., ch. 479, Sec. 6, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1096, Sec. 4, eff. Sept.

1, 2003.

Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED

CONTRIBUTION TO CANDIDATE. For purposes of Sections 253.155,

253.157, and 253.160, a contribution to a specific-purpose

committee for the purpose of supporting a judicial candidate,

opposing the candidate's opponent, or assisting the candidate as

an officeholder is considered to be a contribution to the

candidate.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995. Renumbered from Election Code Sec. 253.156 and amended by

Acts 1997, 75th Leg., ch. 479, Sec. 4, eff. Sept. 1, 1997.

Sec. 253.161. USE OF CONTRIBUTION FROM NONJUDICIAL OR JUDICIAL

OFFICE PROHIBITED. (a) A judicial candidate or officeholder, a

specific-purpose committee for supporting or opposing a judicial

candidate, or a specific-purpose committee for assisting a

judicial officeholder may not use a political contribution to

make a campaign expenditure for judicial office or to make an

officeholder expenditure in connection with a judicial office if

the contribution was accepted while the candidate or

officeholder:

(1) was a candidate for an office other than a judicial office;

or

(2) held an office other than a judicial office, unless the

person had become a candidate for judicial office.

(b) A candidate, officeholder, or specific-purpose committee for

supporting, opposing, or assisting the candidate or officeholder

may not use a political contribution to make a campaign

expenditure for an office other than a judicial office or to make

an officeholder expenditure in connection with an office other

than a judicial office if the contribution was accepted while the

candidate or officeholder:

(1) was a candidate for a judicial office; or

(2) held a judicial office, unless the person had become a

candidate for another office.

(c) This section does not prohibit a candidate or officeholder

from making a political contribution to another candidate or

officeholder.

(d) A person who violates this section is liable for a civil

penalty not to exceed three times the amount of political

contributions used in violation of this section.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 1, eff. June 16,

1995.

Sec. 253.1611. CERTAIN CONTRIBUTIONS BY JUDICIAL CANDIDATES,

OFFICEHOLDERS, AND COMMITTEES RESTRICTED. (a) A judicial

candidate or officeholder or a specific-purpose committee for

supporting or opposing a judicial candidate or assisting a

judicial officeholder may not use a political contribution to

knowingly make political contributions that in the aggregate

exceed $100 in a calendar year to a candidate or officeholder.

(b) A judicial candidate or a specific-purpose committee for

supporting or opposing a judicial candidate may not use a

political contribution to knowingly make political contributions

to a political committee in connection with a primary election.

(c) A judicial candidate or a specific-purpose committee for

supporting or opposing a judicial candidate may not use a

political contribution to knowingly make a political contribution

to a political committee that, when aggregated with each other

political contribution to a political committee in connection

with a general election, exceeds $500.

(d) A judicial officeholder or a specific-purpose committee for

assisting a judicial officeholder may not, in any calendar year

in which the office held is not on the ballot, use a political

contribution to knowingly make a political contribution to a

political committee that, when aggregated with each other

political contribution to a political committee in that calendar

year, exceeds $250.

(e) This section does not apply to a political contribution made

to the principal political committee of the state executive

committee or a county executive committee of a political party

that:

(1) is made in return for goods or services, including political

advertising or a campaign communication, the value of which

substantially equals or exceeds the amount of the contribution;

or

(2) is in an amount that is not more than the candidate's or

officeholder's pro rata share of the committee's normal overhead

and administrative or operating costs.

(f) For purposes of Subsection (e)(2), a candidate's or

officeholder's pro rata share of a political committee's normal

overhead and administrative or operating costs is computed by

dividing the committee's estimated total expenses for a period by

the number of candidates and officeholders to whom the committee

reasonably expects to provide goods or services during that

period.

(g) A person who violates this section is liable for a civil

penalty not to exceed three times the amount of political

contributions used in violation of this section.

Added by Acts 1997, 75th Le