89th Legislature 2nd Special Session

SB 19

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 19 seeks to extend existing restrictions on political contributions during legislative sessions to include special legislative sessions. Currently, Texas law prohibits statewide officeholders, legislators, and certain political committees from accepting or soliciting campaign contributions during regular sessions of the Legislature. SB 19 would expand that restriction by prohibiting the making and accepting of political contributions during the period beginning on the day a special session convenes and ending on the day it adjourns.

The bill amends Section 253.034 of the Election Code to reflect this new blackout period. It applies to contributions directed to: (1) a statewide elected official, (2) a legislator, or (3) a specific-purpose political committee established to support or oppose such individuals. Contributions inadvertently received during the prohibited period must be refused and returned within 30 days. Contributions sent via mail or delivery services before the blackout period begins are exempt, provided documentation shows they were sent prior to the start of the session.

SB 19 provides narrow exceptions, including contributions intended for elections held during the special session period, campaign contest expenses, and donations to or from officeholders who were defeated in the most recent general election. The bill ensures that campaign activity is kept distinct from active lawmaking during these focused and often high-stakes special sessions, reinforcing public confidence in the legislative process.

If passed, the law would apply prospectively.

Author
Paul Bettencourt
Co-Author
Carol Alvarado
Donna Campbell
Adam Hinojosa
Phil King
Lois Kolkhorst
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 19 is not expected to have a significant fiscal impact on the state. Any administrative costs associated with implementing the bill's provisions, such as compliance oversight or communication of the new contribution restrictions, can be absorbed by existing state resources without the need for additional appropriations.

Moreover, the bill does not create any new regulatory body, reporting requirement, or enforcement mechanism that would necessitate new spending. It simply extends an already established campaign finance restriction (currently applicable during regular legislative sessions) to include special sessions as well. As such, the infrastructure and procedures already in place for monitoring contribution restrictions are presumed to be sufficient for handling the additional timeframe covered by SB 19.

At the local level, there is no anticipated fiscal impact. The bill does not impose any mandates or duties on counties, municipalities, or other local political subdivisions, and thus should not generate costs or administrative burdens for them.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 19 as a clean and necessary extension of existing ethics laws that bolster public confidence in the integrity of the legislative process. By expanding the current prohibition on political contributions during regular sessions to include special legislative sessions, SB 19 closes a loophole that has allowed state lawmakers and officeholders to solicit or accept donations while they are actively deliberating policy. This is particularly important given the rising frequency of special sessions and concerns about lawmakers leveraging high-stakes political moments, such as quorum breaks or redistricting standoffs, for fundraising gain.

The author’s statement of intent clearly outlines the bill’s rationale: to eliminate the potential for political contributions to influence or appear to influence legislative behavior during special sessions. The blackout period is temporary and narrowly tailored, applying only from the start to the end of a called session, with reasonable exceptions for contributions related to concurrent elections, defeated incumbents, or litigation expenses.

The fiscal note confirms that the bill has no significant cost to the state or local governments, and any administrative duties can be absorbed with existing resources. Moreover, the enforcement mechanism, requiring that contributions received during the blackout period be returned within 30 days, follows established practice and poses no additional regulatory burden.

liberty-minded perspective, this bill does not infringe on core constitutional rights, as it maintains exceptions for legitimate electoral activity and applies only to a brief and specific period during legislative activity. Rather than expanding government, it reinforces ethical governance and helps protect the legislative process from real or perceived corruption. For lawmakers concerned with transparency, accountability, and preserving public trust, SB 19 offers a targeted reform worth supporting.

  • Individual Liberty: The bill does not directly restrict the freedoms of individuals, voters, or general contributors to participate in political speech or association. The bill narrowly targets a specific window during which elected officials and certain political committees may not accept contributions, mirroring an existing restriction during regular sessions. By preserving key exceptions (such as contributions for concurrent elections or to defeated candidates), it respects electoral participation while guarding against undue influence. It modestly reinforces fair legislative proceedings without infringing on core individual rights.
  • Personal Responsibility: The bill does not create new obligations on individual citizens, taxpayers, or voters. It places responsibility squarely on officeholders and PACs to uphold ethical standards during the lawmaking process. While this could be seen as reinforcing a culture of accountability among elected officials, it does not meaningfully shift or redefine the role of personal responsibility for the average Texan.
  • Free Enterprise: The bill has no bearing on market activity, business formation, or economic freedom. It does not regulate commerce or impact business owners’ ability to engage in the political process outside of the limited blackout window. Campaign finance restrictions of this kind are already routine during regular sessions and have not been interpreted as suppressing commercial speech or economic liberty.
  • Private Property Rights: There is no direct or indirect impact on property rights. The bill does not deal with land use, ownership, eminent domain, or regulatory takings. Campaign contributions, though monetary, are not treated as private property in this context; rather, they are a form of political expression governed by existing ethics laws.
  • Limited Government: This is where the bill has its clearest alignment with liberty principles. By extending the fundraising blackout to special sessions, the bill prevents real or perceived quid pro quo arrangements during active lawmaking. It does not expand government authority, create new agencies, or introduce intrusive regulations. Instead, it reinforces transparency and ethical conduct, ensuring that policymaking is not influenced by the simultaneous solicitation of campaign dollars. This supports a restrained, principled approach to governance.
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