HBA-CBW H.B. 167 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 167
By: Gallego
Judicial Affairs
2/21/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no statutory provision prohibiting the aggregation of
judicial campaign contributions by a judicial candidate who is running
unopposed in an election. Moreover, judicial candidates who run unopposed
may continue to raise campaign contributions when they do not face
immediate contested elections, leading to concerns about undue influence on
such candidates.  House Bill167 prohibits an unopposed judicial candidate
from knowingly accepting political contributions during uncontested primary
and general elections. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 167 amends the Election Code to prohibit an unopposed judicial
candidate from  knowingly accepting a political contribution. The bill
defines an unopposed judicial candidate as one who does not have an
opponent in the primary election or for nomination by convention and will
not have an opponent in the general election who is the nominee of a party
that is required to nominate the party's candidate by primary election. The
bill specifies that a candidate is determined to be unopposed the day after
the filing date of an application for a place on the ballot or for
nomination by convention for the office.  The bill provides that a person
who violates these provisions is liable for a civil penalty not to exceed
three times the amount of the political contributions accepted in violation
of these provisions.  These provisions do not apply to contributions made
to a candidate by an individual who is related to the candidate within the
second degree by consanguinity. Under these provisions, a contribution to a
specific purpose committee for the purpose of supporting a candidate,
opposing the candidate's opponent,  or assisting the candidate as an
officeholder is considered a contribution to the candidate.   

EFFECTIVE DATE

September 1, 2001.