By: Greenberg H.B. No. 1049
73R2622 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to political contributions and expenditures in connection
1-3 with and the financing of campaigns for the supreme court and to
1-4 the increase of certain fees collected by clerks of court;
1-5 providing criminal penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 15, Election Code, is amended by adding
1-8 Chapter 258 to read as follows:
1-9 CHAPTER 258. PUBLIC FINANCING OF SUPREME COURT CAMPAIGNS
1-10 SUBCHAPTER A. GENERAL PROVISIONS
1-11 Sec. 258.001. APPLICABILITY OF CHAPTER. This chapter
1-12 applies only to the offices of chief justice and associate justice,
1-13 supreme court.
1-14 Sec. 258.002. EFFECT OF ACCEPTING PUBLIC MONEY. By
1-15 accepting money from the supreme court campaign fund, a candidate
1-16 agrees to abide by the contribution and expenditure limits of
1-17 Subchapter F, Chapter 253.
1-18 (Sections 258.003-258.010 reserved for expansion
1-19 SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
1-20 Sec. 258.011. CERTIFICATION OF CANDIDATE AS CONDITIONALLY
1-21 ELIGIBLE. (a) Not later than the fifth day after the date the
1-22 state chairman of a political party certifies to the secretary of
1-23 state the candidates who are the party's nominees for statewide
1-24 office, the secretary in writing shall certify the party's
2-1 candidates, if any, for chief justice or associate justice, supreme
2-2 court, to the commission as conditionally eligible. The
2-3 certification must state whether the party's nominee for governor
2-4 received at least 10 percent of the total votes received by all
2-5 candidates in the most recent gubernatorial general election.
2-6 (b) Not later than the fifth day after the date the
2-7 secretary of state certifies a candidate as an independent
2-8 candidate for chief justice or associate justice, supreme court,
2-9 the secretary in writing shall certify the candidate to the
2-10 commission as conditionally eligible.
2-11 (c) Not later than the fifth day after the date the
2-12 secretary of state certifies a candidate for placement on the list
2-13 of write-in candidates as a candidate for chief justice or
2-14 associate justice, supreme court, the secretary in writing shall
2-15 certify the candidate to the commission as conditionally eligible.
2-16 (d) The secretary of state shall send a copy of a
2-17 certification under this section to the affected candidate.
2-18 Sec. 258.012. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a)
2-19 Not later than the fifth day after the date the commission
2-20 determines a candidate is eligible, the commission shall certify to
2-21 the comptroller as eligible each candidate:
2-22 (1) who the secretary of state has certified to the
2-23 commission as conditionally eligible; and
2-24 (2) who:
2-25 (A) is the nominee of a political party whose
2-26 nominee for governor received at least 10 percent of the total
2-27 votes received by all candidates in the most recent gubernatorial
3-1 general election; or
3-2 (B) is a candidate other than a candidate
3-3 described by Paragraph (A), if:
3-4 (i) the candidate has accepted campaign
3-5 contributions from at least 500 contributors that in the aggregate
3-6 equal or exceed $50,000;
3-7 (ii) each contribution used for computing
3-8 the amount of contributions under Subparagraph (i) was accepted on
3-9 or after January 1 of the year preceding the year in which the
3-10 general election for the office the candidate seeks occurs; and
3-11 (iii) the aggregate amount of
3-12 contributions used for computing the amount of contributions under
3-13 Subparagraph (i) from any one contributor does not exceed $1,000.
3-14 (b) A candidate who is eligible under Subsection (a)(2)(A)
3-15 is considered to be determined eligible by the commission on the
3-16 date the secretary of state certifies to the commission that the
3-17 candidate is conditionally eligible.
3-18 (c) A determination as to whether a candidate is eligible
3-19 under Subsection (a)(2)(B) must be based on reports of political
3-20 contributions and expenditures filed under Chapter 254. The
3-21 commission is not required to make a determination as to whether a
3-22 candidate is eligible under Subsection (a)(2)(B) until the
3-23 candidate makes a written request for a determination. The
3-24 commission must make a determination not later than the 15th day
3-25 after the date the commission receives the request.
3-26 (d) The commission shall send a copy of a certification
3-27 under this section to the affected candidate.
4-1 (Sections 258.013-258.050 reserved for expansion
4-2 SUBCHAPTER C. SUPREME COURT CAMPAIGN FUND
4-3 Sec. 258.051. SUPREME COURT CAMPAIGN FUND. (a) The supreme
4-4 court campaign fund is in the state treasury.
4-5 (b) The fund consists of:
4-6 (1) amounts credited to the fund under Section 51.831,
4-7 Government Code;
4-8 (2) amounts refunded to the fund under Section 258.055
4-9 or 258.056;
4-10 (3) amounts appropriated to the fund; and
4-11 (4) amounts received by the commission or comptroller
4-12 as a gift or grant to the fund.
4-13 (c) The comptroller shall distribute amounts from the fund
4-14 as provided by Section 258.052.
4-15 (d) For a person to be eligible to receive money from the
4-16 fund, the commission must certify to the comptroller that the
4-17 person is eligible as provided by Section 258.012.
4-18 (e) Money in the fund may be used for preparation of a voter
4-19 information pamphlet as provided by Section 31.006.
4-20 Sec. 258.052. MATCHING FUNDS FOR ELIGIBLE CANDIDATES. (a)
4-21 Subject to the limits prescribed by Subsections (b) and (c), a
4-22 certified candidate may receive from the supreme court campaign
4-23 fund an amount equal to the amount of each political contribution
4-24 accepted by the candidate from an individual on or after January 1
4-25 of the year preceding the year in which the election for the office
4-26 the candidate seeks occurs.
4-27 (b) In computing the amount that a candidate may receive,
5-1 the commission may not include any amount by which the aggregate
5-2 contributions accepted by the candidate from an individual on or
5-3 after January 1 of the year preceding the year in which the
5-4 election occurs exceeds $2,500.
5-5 (c) Except as provided by Subsection (d), a candidate may
5-6 not receive from the fund more than $1 million for the general
5-7 election.
5-8 (d) A certified candidate who has an opponent who is
5-9 eligible for public financing under this chapter but who chooses
5-10 not to participate may receive from the fund the amount to which
5-11 the nonparticipating candidate would have been entitled.
5-12 Sec. 258.053. DISTRIBUTIONS FROM FUND. The comptroller
5-13 shall distribute funds to certified candidates as directed by the
5-14 commission. If the amount in the supreme court campaign fund is
5-15 insufficient to provide the amounts specified by Section 258.052,
5-16 the comptroller shall determine the amount of available funds and
5-17 shall distribute the amount on a pro rata basis.
5-18 Sec. 258.054. RESTRICTION ON USE OF MONEY FROM FUND. (a)
5-19 Money accepted by a candidate from the supreme court campaign fund
5-20 is considered to be a campaign contribution to the candidate.
5-21 Except as otherwise provided by this chapter, the provisions of
5-22 this title regulating the use of political contributions apply to
5-23 money accepted by a candidate from the fund.
5-24 (b) A candidate may use money accepted from the fund only
5-25 for expenses related to the campaign for election.
5-26 (c) A candidate who uses money from the fund in violation of
5-27 Subsection (b) is not eligible for any additional money from the
6-1 fund.
6-2 (d) A candidate who uses money from the fund in violation of
6-3 Subsection (b) commits an offense. An offense under this section
6-4 is a Class A misdemeanor.
6-5 Sec. 258.055. REFUND OF UNEXPENDED AMOUNTS. (a) After the
6-6 general election for state and county officers, a candidate shall
6-7 refund amounts accepted from the supreme court campaign fund that
6-8 have not been expended or contractually obligated. All campaign
6-9 contributions that have not been expended or contractually
6-10 obligated as of the date of the general election are considered to
6-11 be contributions from the fund, except to the extent the remaining
6-12 campaign contributions exceed the amount the candidate received
6-13 from the fund.
6-14 (b) A candidate shall make a refund under this section to
6-15 the comptroller not later than the 30th day after the date of the
6-16 general election. The comptroller shall deposit refunds received
6-17 under this section to the credit of the fund.
6-18 Sec. 258.056. WITHDRAWAL OR INELIGIBILITY OF CANDIDATE. A
6-19 candidate who withdraws from an election or is declared ineligible
6-20 shall refund amounts accepted from the supreme court campaign fund
6-21 that have not been expended or contractually obligated. The
6-22 candidate shall refund those amounts to the comptroller not later
6-23 than the 10th day after the date the candidate withdraws or is
6-24 declared ineligible. The comptroller shall deposit refunds
6-25 received under this section to the credit of the fund.
6-26 SECTION 2. Chapter 253, Election Code, is amended by adding
6-27 Subchapter F to read as follows:
7-1 SUBCHAPTER F. SUPREME COURT FAIR
7-2 CAMPAIGN PRACTICES ACT
7-3 Sec. 253.151. APPLICATION. This subchapter applies only to:
7-4 (1) a candidate for the office of chief justice or
7-5 associate justice, supreme court, who accepts money from the
7-6 supreme court campaign fund under Chapter 258; and
7-7 (2) a candidate for the office of chief justice or
7-8 associate justice, supreme court, who is not eligible to receive
7-9 money from the supreme court campaign fund under Chapter 258 but
7-10 who files with the commission a written declaration of intent to
7-11 comply with this subchapter.
7-12 Sec. 253.152. CONTRIBUTION LIMITS. (a) A candidate to whom
7-13 this subchapter applies may not knowingly accept political
7-14 contributions in connection with a general election for state and
7-15 county officers that in the aggregate exceed:
7-16 (1) $5,000 from an individual;
7-17 (2) $10,000 from a political committee; or
7-18 (3) $100,000 from all political committees from which
7-19 the candidate accepts contributions.
7-20 (b) A candidate who accepts money from the supreme court
7-21 campaign fund who violates a limit prescribed by Subsection (a) is
7-22 not eligible for any additional money from the fund.
7-23 (c) In this section, "in connection with an election" means:
7-24 (1) with regard to a contribution that is designated
7-25 in writing for a particular election, the election designated; or
7-26 (2) with regard to a contribution that is not
7-27 designated in writing for a particular election or that is
8-1 designated as an officeholder contribution, the next election for
8-2 that office occurring after the contribution is made.
8-3 (d) A candidate who violates this section commits an
8-4 offense. An offense under this section is a Class A misdemeanor.
8-5 Sec. 253.153. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
8-6 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.152, a
8-7 contribution to a specific-purpose committee for supporting a
8-8 candidate, for opposing the candidate's opponent, or for assisting
8-9 the candidate as an officeholder is considered to be a contribution
8-10 to the candidate unless the candidate, in an affidavit filed with
8-11 the commission, states that the candidate has not directly or
8-12 indirectly communicated with the committee in regard to a strategic
8-13 matter, including polling data, advertising, campaign speeches, or
8-14 voter demographics, in connection with the candidate's campaign.
8-15 Sec. 253.154. USE OF PERSONAL FUNDS OR FUNDS OF CERTAIN
8-16 FAMILY MEMBERS. (a) A candidate to whom this subchapter applies
8-17 may not knowingly use personal funds of the candidate, the
8-18 candidate's spouse, and the candidate's children that in the
8-19 aggregate exceed $25,000 in connection with a campaign.
8-20 (b) A candidate who accepts money from the supreme court
8-21 campaign fund who violates Subsection (a) is not eligible for any
8-22 additional money from the fund.
8-23 (c) A candidate who violates this section commits an
8-24 offense. An offense under this section is a Class A misdemeanor.
8-25 Sec. 253.155. EXPENDITURE LIMIT. (a) Except as provided by
8-26 Subsection (b), a candidate to whom this subchapter applies may not
8-27 knowingly make or authorize campaign expenditures in connection
9-1 with a general election that, in the aggregate, exceed $3 million.
9-2 (b) A candidate to whom this subchapter applies may not
9-3 knowingly make or authorize campaign expenditures in connection
9-4 with a general election that, in the aggregate, exceed $4 million
9-5 if the candidate has an opponent who is eligible to receive money
9-6 from the supreme court campaign fund but who chooses not to
9-7 participate.
9-8 (c) A candidate who accepts money from the supreme court
9-9 campaign fund who violates a limit prescribed by Subsection (a) or
9-10 (b) is not eligible for any additional money from the fund.
9-11 (d) A candidate who violates this section commits an
9-12 offense. An offense under this section is a Class A misdemeanor.
9-13 Sec. 253.156. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
9-14 EXPENDITURE BY CANDIDATE. For purposes of Section 253.155, an
9-15 expenditure by a specific-purpose committee for supporting a
9-16 candidate, for opposing the candidate's opponent, or for assisting
9-17 the candidate as an officeholder is considered to be an expenditure
9-18 by the candidate unless the candidate, in an affidavit filed with
9-19 the commission, states that the candidate has not directly or
9-20 indirectly communicated with the committee in regard to a strategic
9-21 matter, including polling data, advertising, campaign speeches, or
9-22 voter demographics, in connection with the candidate's campaign.
9-23 SECTION 3. Subchapter A, Chapter 31, Election Code, is
9-24 amended by adding Section 31.006 to read as follows:
9-25 Sec. 31.006. VOTER INFORMATION PAMPHLET. (a) The secretary
9-26 of state shall prepare a nonpartisan voter information pamphlet for
9-27 each general election for state and county officers if, as provided
10-1 by Subsection (b), there is sufficient money in the supreme court
10-2 campaign fund under Chapter 258 to pay for preparation of the
10-3 pamphlet.
10-4 (b) Not later than July 15 of the year in which the election
10-5 occurs, the secretary of state shall notify the comptroller of the
10-6 projected cost to prepare the pamphlet. Not later than August 15,
10-7 the comptroller shall notify the secretary whether there is
10-8 sufficient money in the fund.
10-9 (c) The pamphlet must identify each candidate for the office
10-10 of chief justice or associate justice, supreme court, and presiding
10-11 judge or judge, court of criminal appeals, whose name will appear
10-12 on the ballot and must include:
10-13 (1) the candidate's name and address;
10-14 (2) the names of the candidate's spouse and children,
10-15 if any;
10-16 (3) the candidate's educational background;
10-17 (4) the candidate's judicial experience;
10-18 (5) an unedited statement by the candidate of the
10-19 candidate's positions, in compliance with the Code of Judicial
10-20 Conduct, not to exceed 50 words; and
10-21 (6) the candidate's party affiliation.
10-22 (d) The identification of a candidate for the office of
10-23 chief justice or associate justice, supreme court, who is eligible
10-24 under Chapter 258 to receive money from the supreme court campaign
10-25 fund but who chooses not to participate may include only the
10-26 information described by Subsections (c)(1) and (6) and must be
10-27 accompanied by the following statement: "(Name of candidate) chose
11-1 not to participate in the public campaign financing for supreme
11-2 court candidates."
11-3 SECTION 4. Subchapter C, Chapter 254, Election Code, is
11-4 amended by adding Section 254.0631 to read as follows:
11-5 Sec. 254.0631. MONTHLY REPORTING SCHEDULE FOR SUPREME COURT
11-6 CANDIDATE. (a) In addition to other reports required by this
11-7 chapter, a candidate for chief justice or associate justice,
11-8 supreme court, shall file a report each month during the calendar
11-9 year in which the election occurs.
11-10 (b) The first monthly report shall be filed not later than
11-11 February 15 or the 15th day of the month following the month in
11-12 which the candidate's campaign treasurer appointment is filed,
11-13 whichever is later. The report covers the period beginning January
11-14 1, the day the candidate's campaign treasurer appointment is filed,
11-15 or the first day after the period covered by the last report
11-16 required to be filed under this subchapter, as applicable, and
11-17 continuing through January 31.
11-18 (c) The remaining monthly reports shall be filed not later
11-19 than the 15th day of the month following the period covered by the
11-20 report. The report covers the period beginning the first day after
11-21 the period covered by the last report required to be filed under
11-22 this subchapter and continuing through the last day of the month.
11-23 (d) A candidate for chief justice or associate justice,
11-24 supreme court, is not required to file a report under Section
11-25 254.063 or 254.064 during the calendar year in which the election
11-26 occurs.
11-27 SECTION 5. Chapter 255, Election Code, is amended by adding
12-1 Section 255.008 to read as follows:
12-2 Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING BY SUPREME
12-3 COURT CANDIDATE. (a) This section applies only to a candidate in
12-4 the general election for state and county officers for the office
12-5 of chief justice or associate justice, supreme court.
12-6 (b) Political advertising by a candidate who accepts money
12-7 from the supreme court campaign fund under Chapter 258, a
12-8 specific-purpose committee for supporting such a candidate, a
12-9 candidate who files a declaration of intent to comply with the
12-10 contribution and expenditure limits of Subchapter F, Chapter 253,
12-11 or a specific-purpose committee for supporting such a candidate,
12-12 must include the following statement: "Political advertising paid
12-13 for by (name of candidate or committee) in compliance with the
12-14 voluntary limits of the Supreme Court Fair Campaign Practices Act."
12-15 (c) Political advertising by a candidate who is eligible to
12-16 receive money from the supreme court campaign fund under Chapter
12-17 258 but who chooses not to participate or a specific-purpose
12-18 committee for supporting such a candidate must include the
12-19 following statement: "Political advertising paid for by (name of
12-20 candidate or committee), (who or which) has rejected the voluntary
12-21 limits of the Supreme Court Fair Campaign Practices Act."
12-22 (d) A person who violates this section commits an offense.
12-23 An offense under this section is a Class A misdemeanor.
12-24 SECTION 6. Chapter 51, Government Code, is amended by adding
12-25 Subchapter J to read as follows:
12-26 SUBCHAPTER J. ADDITIONAL FILING FEE
12-27 FOR SUPREME COURT CAMPAIGN FUND
13-1 Sec. 51.831. ADDITIONAL FILING FEE FOR SUPREME COURT
13-2 CAMPAIGN FUND. (a) In addition to each filing fee collected under
13-3 Section 51.317(b)(1), the district clerk shall collect a $10 filing
13-4 fee to be used to provide public campaign financing for candidates
13-5 for the office of chief justice or associate justice, supreme
13-6 court.
13-7 (b) The district clerk shall send the fees collected under
13-8 this section to the comptroller at least as frequently as monthly.
13-9 The comptroller shall deposit the fees to the credit of the supreme
13-10 court campaign fund under Chapter 258, Election Code.
13-11 (c) Sections 51.320 and 51.321 apply to a fee collected
13-12 under this section.
13-13 SECTION 7. (a) Chapter 258, Election Code, as added by
13-14 Section 1 of this Act, is amended by adding Section 258.0011 to
13-15 read as follows:
13-16 Sec. 258.0011. DEFINITION. Notwithstanding Section 1.39(b),
13-17 Chapter 304, Acts of the 72nd Legislature, Regular Session, 1991, a
13-18 reference in this chapter to the secretary of state means the
13-19 secretary of state.
13-20 (b) This section takes effect only if ___B. No._____, 73rd
13-21 Legislature, Regular Session, 1993, is not enacted or does not
13-22 become law. If ___B. No._____, 73rd Legislature, Regular Session,
13-23 1993, is enacted and becomes law, this section has no effect.
13-24 SECTION 8. This Act takes effect September 1, 1993.
13-25 SECTION 9. The importance of this legislation and the
13-26 crowded condition of the calendars in both houses create an
13-27 emergency and an imperative public necessity that the
14-1 constitutional rule requiring bills to be read on three several
14-2 days in each house be suspended, and this rule is hereby suspended.