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Tex. Elec. Code § 253.131

LIABILITY TO CANDIDATES

Applied in 12 court decisions — leading case Osterberg v. Peca (2000)

Most recently applied in King Street Patriots, Catherine Engelbrecht, Bryan Engelbrecht, and Diane Josephs v. Texas Democratic Party Gilberto Hinojosa, Successor to Boyd Richie, in His Capacity as Chairman of the Texas Democratic Party John Warren, in His Capacity as Democratic Nominee for Dallas County Clerk And Ann Bennett, in Her Capacity as the Democratic (June 2017)

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

How often courts cite this section

199020002010201740
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.