Texas Codes

Tex. Elec. Code § 253.131 (2026)

Liability To Candidates

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 32 cases (4 in the last 5 years), 1990–2024 · leading case: Osterberg v. Peca, 12 S.W.3d 31 (Tex. 2000).

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Osterberg v. Peca, 12 S.W.3d 31 (Tex. 2000). · cites it 17× “Tex. ELEC.CODE § 253.131. Peca claimed that the Osterbergs violated Chapter 253 of the Election Code by failing to report the direct campaign expenditures they made for the television advertisements.”

In Re Guerra, 235 S.W.3d 392 (Tex. App. 2007). · cites it 4× “[61] These cases rely on Texas Election Code section 253.131, which provides a civil action for damages against a campaign contributor or candidate who makes an expenditure of money in violation of the Election Code.”

Aaron Rents, Inc. v. Travis Cent. Appraisal Dist., 212 S.W.3d 665 (Tex. App. 2006). · cites it 2× “" See Tex. Elec.Code Ann. § 253.131(e) (West 2003); see also id.”

King Street Patriots, Catherine Engelbrecht, Bryan Engelbrecht, & 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 Cnty. Clerk & Ann Bennett, in Her Capacity as the Democratic, 521 S.W.3d 729 (Tex. 2017). · cites it 2× “” Tex. Elec. Code §§ 253.131(d), .132(b). .”

Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014). “See Tex. Elec.Code § 253.131(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.”

City of El Paso & John F. Cook, in His Off. Capacity as Mayor of El Paso v. Tom Brown Ministries, Word of Life Church of El Paso, Tom Brown, El Pasoans for Traditional Fam. Values & Ben Mendoza, 505 S.W.3d 124 (Tex. App. 2016). · cites it 2× “Tex. Elec. Code Ann. § 253.131 (West 2010).”

King Street Patriots v. Texas Democratic Party, 459 S.W.3d 631 (Tex. App. 2014). · cites it 4× “Among the grounds asserted to support summary judgment in their favor, appellants urged that: (i) the sections creating private rights of action for Election Code violations, see Tex. Elec. Code §§ 253.131, 253.132, 273.”

Delay, Thomas Dale, 443 S.W.3d 909 (Tex. Crim. App. 2014). “See Tex. Elec.Code § 253.131(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.”

Osterberg v. Peca, 952 S.W.2d 121 (Tex. App. 1997). · cites it 5× “TexElection Code Ann. § 253.131 (Vernon Supp.”

Ragsdale v. Progressive Voters League, 790 S.W.2d 77 (Tex. App. 1990). “Now see Tex.Elec.Code Ann. § 253.131 (Vernon Supp.”

Baca v. Sanchez, 172 S.W.3d 93 (Tex. App. 2005). “, Tex. Elec.Code Ann. § 253.131 (Vernon 2003); see also Osterberg v.”

Reynaldo Gonzalez Jr. v. Morgan Graham (Tex. App. 2024). · cites it 5× “003; TEX. ELEC. CODE ANN. § 253.131. By three issues that we have reorganized, Gonzalez argues the trial court erred in denying his motion to dismiss because: (1) Graham lacks standing to bring her claim; (2) the TCPA applies to his claim and Graham failed to demonstrate a prima…”

Show all 32 citing cases →

— Tex. Elec. Code § 253.131(a) — 9 cases

Osterberg v. Peca, 12 S.W.3d 31 (Tex. 2000). “Tex. ELEC.CODE § 253.131. Peca claimed that the Osterbergs violated Chapter 253 of the Election Code by failing to report the direct campaign expenditures they made for the television advertisements.”

Osterberg v. Peca, 952 S.W.2d 121 (Tex. App. 1997). “TexElection Code Ann. § 253.131 (Vernon Supp.”

Anthony G. Buzbee v. Clear Channel Outdoor, LLC. & Sylvester Turner (Tex. App. 2020).

— Tex. Elec. Code § 253.131(b) — 2 cases

Reynaldo Gonzalez Jr. v. Morgan Graham (Tex. App. 2024). “003; TEX. ELEC. CODE ANN. § 253.131. By three issues that we have reorganized, Gonzalez argues the trial court erred in denying his motion to dismiss because: (1) Graham lacks standing to bring her claim; (2) the TCPA applies to his claim and Graham failed to demonstrate a prima…”

Reynaldo Gonzalez Jr. v. Morgan Graham (Tex. App. 2024).

— Tex. Elec. Code § 253.131(c) — 2 cases

Reynaldo Gonzalez Jr. v. Morgan Graham (Tex. App. 2024).

— Tex. Elec. Code § 253.131(d) — 1 case

King Street Patriots, Catherine Engelbrecht, Bryan Engelbrecht, & 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 Cnty. Clerk & Ann Bennett, in Her Capacity as the Democratic, 521 S.W.3d 729 (Tex. 2017). “” Tex. Elec. Code §§ 253.131(d), .132(b). .”

— Tex. Elec. Code § 253.131(d)(1) — 1 case

Osterberg v. Peca, 952 S.W.2d 121 (Tex. App. 1997). “TexElection Code Ann. § 253.131 (Vernon Supp.”

— Tex. Elec. Code § 253.131(d)(2) — 1 case

— Tex. Elec. Code § 253.131(e) — 9 cases

Aaron Rents, Inc. v. Travis Cent. Appraisal Dist., 212 S.W.3d 665 (Tex. App. 2006). “" See Tex. Elec.Code Ann. § 253.131(e) (West 2003); see also id.”

King Street Patriots, Catherine Engelbrecht, Bryan Engelbrecht, & 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 Cnty. Clerk & Ann Bennett, in Her Capacity as the Democratic, 521 S.W.3d 729 (Tex. 2017). “” Tex. Elec. Code §§ 253.131(d), .132(b). .”

King Street Patriots v. Texas Democratic Party, 459 S.W.3d 631 (Tex. App. 2014). “Among the grounds asserted to support summary judgment in their favor, appellants urged that: (i) the sections creating private rights of action for Election Code violations, see Tex. Elec. Code §§ 253.131, 253.132, 273.”

Chris Bell v. Repub. Governors Ass'n (Tex. App. 2015).

RSS MSBAM2014C17-TX HAH, LLC v. Houston Airport Hosp. LP, Pacifica Host, Inc. & Pacifica Harbor View Two, L.P. (Tex. App. 2024).

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