ELECTION CODE FELONY COMPLAINT FILED AGAINST PORTILLO

By Juan Montoya
Claiming that Deborah Portillo,  one of the four candidates in the City of Brownsville District 3 election, committed a third-degree felony by knowingly accepting contributions from one or more corporations in violation of the Texas Election Code, a complaint was filed Thursday with the Brownsville Police Department.
Candidate Martin Sarkis said he had filed the complaint against Portillo because her expense campaign report covering the period from March 1 through April 31 – 30 days before the election – Portillo filed with the City of Brownsville Secretary indicated that she had received money from several suspect corporate contributors, including a $250 contribution from Jewelry Corner Inc..
The Texas Election Code specifically prohibits candidates from accepting contributions from corporations or labor unions under penalty of law. The code specifically states that:
Section 253.094
(a) "A corporation or labor organization may not make a political contribution that is not authorized by this subchapter.
(c) A person who violates this section commits an offense. An offense under this section is a felony of the third degree."
Further, the TEC states that a candidate faces personal liability under Sec. 253.131.

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. 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.
There is more.
Under the Code, the state may also seek damages from the candidate, in this case, Portillo.

"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."
In her expense report, Portillo listed other business contributors, which  included well-known hotel chains and other corporations like:

(March 28) Holiday Inn Express, Brownsville, ($500)?
(March 28) Hampton Inn Suites, Brownsville, ($500)?
(March-08 and April-11) Port Warehouse Properties, (a limited liability corporation) $5,500(?)
(March 14) Jewelry Corner, Inc., $250
According to Wikipedia, Holiday Inns, Inc. was renamed "Holiday Corporation" in 1985 to reflect the growth of the company’s brand. In 1988, Holiday Corporation was purchased by UK-based Bass followed by the remaining domestic Holiday Inn hotels in 1990, when founder Wilson sold his interest, after which the hotel group was known as Holiday Inn Worldwide. The remainder of Holiday Corporation (including the Hampton Inn brands) was spun off to shareholders as Promus Companies Incorporated. In 1990, Bass launched Holiday Inn Express, a complementary brand in the limited service segment.

"I only want to make sure everything is run legally, that no illegal contributions of big money is used to influence this race, and that whoever gets elected to represent the residents of District 3 does it the legal and right way," Sarkis said.
The complaint was numbered 13050219 and after investigated by the Brownsville PD detectives will be handed to the Cameron County District attorney for prosecution.