By Schechter H.B. No. 2201
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to political contributions to and accepted by certain
1-3 candidates and officeholders; political reporting by certain
1-4 candidates and officeholders; personal financial statements filed
1-5 by certain candidates and officeholders; appointments made by
1-6 certain judicial officers; and, providing criminal penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 252.005, Election Code, is amended to
1-9 read as follows:
1-10 Sec. 252.005. Authority with Whom Appointment Filed;
1-11 Candidate. (a) An individual must file a campaign treasurer
1-12 appointment for the individual's own candidacy with:
1-13 (1) the commission, if the appointment is made for
1-14 candidacy for:
1-15 (A) a statewide office;
1-16 (B) a district office filled by voters of more
1-17 than one county, other than a judicial office;
1-18 (C) state senator;
1-19 (D) state representative; <or>
1-20 (E) the State Board of Education; or
1-21 (F) justice of the court of appeals, state
1-22 district judge, or judge of a statutory county court;
1-23 (2) the county clerk, if the appointment is made for
2-1 candidacy for a county office, a precinct office, or a district
2-2 office other than one included in Subdivision (1);
2-3 (3) the clerk or secretary of the governing body of
2-4 the political subdivision or, if the political subdivision has no
2-5 clerk or secretary, with the governing body's presiding officer, if
2-6 the appointment is made for candidacy for an office of a political
2-7 subdivision other than a county;
2-8 (4) the county clerk if:
2-9 (A) the appointment is made for candidacy for an
2-10 office of a political subdivision other than a county;
2-11 (B) the governing body for the political
2-12 subdivision has not been formed; and
2-13 (C) no boundary of the political subdivision
2-14 crosses a boundary of the county; or
2-15 (5) the commission if:
2-16 (A) the appointment is made for candidacy for an
2-17 office of a political subdivision other than a county;
2-18 (B) the governing body for the political
2-19 subdivision has not been formed; and
2-20 (C) the political subdivision is situated in
2-21 more than one county.
2-22 (b) In addition to the authority specified in Subdivision
2-23 (1) of Subsection (a) of this section, a candidate for a state or
2-24 county judicial office shall file a copy of the candidate's
2-25 campaign treasurer appointment with:
3-1 (1) the clerk of the Supreme Court, if the candidacy
3-2 is for the office of Supreme Court justice;
3-3 (2) the clerk of the Court of Criminal Appeals, if the
3-4 candidacy is for the office of Court of Criminal Appeals judge;
3-5 (3) the clerk of the court of appeals, if the
3-6 candidacy is for the office of court of appeals justice;
3-7 (4) the district clerk, if the candidacy is for the
3-8 office of district judge; or
3-9 (5) the county clerk, if the candidacy is for the
3-10 office of judge of a statutory county court.
3-11 SECTION 2. Chapter 253, Election Code, is amended by adding
3-12 Subchapter F to read as follows:
3-13 SUBCHAPTER F. JUDICIAL CANDIDATES AND OFFICEHOLDERS
3-14 Sec. 253.151. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
3-15 PERIOD. (a) A person may not knowingly make or authorize a
3-16 political contribution to a judicial candidate or officeholder, a
3-17 specific-purpose committee for supporting or opposing a judicial
3-18 candidate, or a specific-purpose committee for assisting a judicial
3-19 officeholder except during the period:
3-20 (1) beginning on:
3-21 (A) the 45th day before the date an application
3-22 for a place on the ballot or for nomination by convention for the
3-23 office is required to be filed, if the election is for a full term;
3-24 or
3-25 (B) the date a vacancy in the office occurs, if
4-1 the election is for an unexpired term; and
4-2 (2) ending on the 45th day after the date of:
4-3 (A) the general election for state and county
4-4 officers, if the officer or candidate has an opponent in the
4-5 general election; or
4-6 (B) except as provided by Subsection (c), the
4-7 runoff primary election without regard to whether a runoff is held,
4-8 if the officeholder or candidate does not have an opponent in the
4-9 general election.
4-10 (b) A person may not knowingly accept a political
4-11 contribution made or authorized in violation of Subsection (a).
4-12 (c) Notwithstanding Subsection (a)(2)(B), a person may make
4-13 a political contribution to a judicial candidate or a
4-14 specific-purpose committee for supporting or opposing a judicial
4-15 candidate after another person files a declaration of write-in
4-16 candidacy opposing the candidate.
4-17 (d) A person who violates this section commits an offense.
4-18 An offense under this section is a Class A misdemeanor.
4-19 Sec. 253.152. WRITE-IN CANDIDACY. (a) A person may not
4-20 knowingly make or authorize a political contribution to a write-in
4-21 candidate for judicial office or a specific-purpose committee for
4-22 supporting or opposing a write-in candidate for judicial office
4-23 before the candidate files a declaration of write-in candidacy.
4-24 (b) A person may not knowingly accept a political
4-25 contribution made or authorized in violation of Subsection (a).
5-1 (c) A person who violates this section commits an offense.
5-2 An offense under this section is a Class A misdemeanor.
5-3 Sec. 253.153. CONTRIBUTION FROM GENERAL-PURPOSE COMMITTEE
5-4 PROHIBITED. (a) A general-purpose committee may not knowingly
5-5 make or authorize a political contribution to a judicial candidate
5-6 or officeholder, a specific-purpose committee for supporting or
5-7 opposing a judicial candidate, or a specific-purpose committee for
5-8 assisting a judicial officeholder.
5-9 (b) A person may not knowingly accept a political
5-10 contribution made or authorized in violation of Subsection (a).
5-11 (c) A person who violates this section commits an offense.
5-12 An offense under this section is a Class A misdemeanor.
5-13 Sec. 253.154. REFUND OF CONTRIBUTION IF NO OPPONENT. (a)
5-14 Not later than the 30th day after the date of the general election
5-15 for state and county officers, a judicial candidate who did not
5-16 have an opponent in either the primary or general election or the
5-17 campaign treasurer of a specific-purpose committee for supporting a
5-18 judicial candidate who did not have an opponent in either the
5-19 primary or general election shall return to each person making a
5-20 political contribution to the candidate or committee, according to
5-21 the amount of the contribution, a pro rata share of the candidate's
5-22 or committee's unobligated and unexpended political contributions.
5-23 (b) A judicial candidate or a specific-purpose committee for
5-24 supporting a judicial candidate may deduct the fee for filing an
5-25 application for a place on the ballot, if any, before returning a
6-1 contribution as provided by Subsection (a).
6-2 (c) A candidate or campaign treasurer of a specific-purpose
6-3 committee who violates this section commits an offense. An offense
6-4 under this section is a Class A misdemeanor.
6-5 Sec. 253.155. USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
6-6 PROHIBITED. (a) A judicial candidate or officeholder, a
6-7 specific-purpose committee for supporting or opposing a judicial
6-8 candidate, or a specific-purpose committee for assisting a judicial
6-9 officeholder may not use a political contribution to make a
6-10 campaign expenditure for judicial office or to make an officeholder
6-11 expenditure in connection with a judicial office if the
6-12 contribution was accepted while the candidate or officeholder:
6-13 (1) was a candidate for an office other than a
6-14 judicial office; or
6-15 (2) held an office other than a judicial office,
6-16 unless the person had become a candidate for judicial office.
6-17 (b) A person who violates this section commits an offense.
6-18 An offense under this section is a Class A misdemeanor.
6-19 Sec. 253.156. CERTAIN OFFICES NOT COVERED. This subchapter
6-20 does not apply to the office of:
6-21 (1) constitutional county judge; or
6-22 (2) judge of a municipal court.
6-23 SECTION 3. Section 254.040, Election Code, is amended to
6-24 read as follows:
6-25 Sec. 254.040. Preservation of Reports. (a) Each report
7-1 filed under this chapter shall be preserved by the authority with
7-2 whom it is filed for at least two years after the date it is filed.
7-3 (b) A general-purpose committee that makes political
7-4 contributions to or expenditures on behalf of a candidate for
7-5 judicial office, or a candidate for or holder of a judicial office,
7-6 or a specific-purpose committee supporting or opposing a candidate
7-7 or holder of a judicial office must retain a file-stamped copy of
7-8 each report filed under this chapter for at least four years after
7-9 the date it is filed.
7-10 SECTION 4. The heading to Section 254.064, Election Code, is
7-11 amended to read as follows:
7-12 Sec. 254.064. ADDITIONAL REPORTS OF CERTAIN CANDIDATES
7-13 <OPPOSED CANDIDATE>.
7-14 SECTION 5. Section 254.064(a), Election Code, is amended to
7-15 read as follows:
7-16 (a) In addition to other required reports, for each election
7-17 in which a person is a candidate <and has an opponent whose name is
7-18 to appear on the ballot>, the person shall file two reports if the
7-19 person:
7-20 (1) has an opponent whose name is to appear on the
7-21 ballot; or
7-22 (2) is a candidate for a judicial office to which
7-23 Subchapter F, Chapter 253, applies.
7-24 SECTION 6. Subchapter C, Chapter 254, Election Code, is
7-25 amended by adding Section 254.0611 to read as follows:
8-1 SECTION 254.0611. ADDITIONAL CONTENTS OF REPORTS BY JUDICIAL
8-2 CANDIDATES. In addition to the contents required by Sections
8-3 254.031 and 254.061, each report by a candidate for a state or
8-4 county judicial office must include:
8-5 (1) the total amount of funds maintained in one or
8-6 more campaign accounts as of the last day of the reporting period;
8-7 (2) the principal occupation, job title, business
8-8 address, and full name and business address of the employer, if
8-9 any, of each person from whom political contributions that in the
8-10 aggregate exceed $250 are accepted during the reporting period;
8-11 (3) a complete list of all campaign assets, including
8-12 unpaid pledges identifying the pledgor, the pledgor's address, and
8-13 the amount of the unpaid pledge; and
8-14 (4) a complete list of all campaign indebtedness and
8-15 obligations, including the name and address of each creditor and
8-16 the name and address of all guarantors other than the candidate or
8-17 officeholder.
8-18 SECTION 7. Subchapter D, Chapter 254, Election Code, is
8-19 amended by adding Section 254.0911 to read as follows:
8-20 SECTION 254.0911. ADDITIONAL CONTENTS OF REPORTS BY JUDICIAL
8-21 OFFICEHOLDERS. In addition to the contents required by
8-22 Sections 254.031 and 254.091, each report by a holder of a state or
8-23 county judicial office must include:
8-24 (1) the total amount of funds maintained in one or
8-25 more campaign accounts as of the last day of the reporting period;
9-1 (2) the principal occupation, job title, business
9-2 address, and full name and business address of the employer, if
9-3 any, of each person from whom political contributions that in the
9-4 aggregate exceed $250 are accepted during the reporting period;
9-5 (3) a complete list of all campaign assets, including
9-6 unpaid pledges, identifying the pledgor, the pledgor's address, and
9-7 the amount of the unpaid pledge; and
9-8 (4) a complete list of all campaign indebtedness and
9-9 obligations, including the name and address of each creditor and
9-10 the name and address of all guarantors other than the officeholder.
9-11 SECTION 8. Subdivision (2), Section 2, Chapter 421, Acts of
9-12 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
9-13 Vernon's Texas Civil Statutes), is amended to read as follows:
9-14 (2) "Elected officer" means:
9-15 (A) a member of the legislature;
9-16 (B) an executive or judicial officer elected in
9-17 a statewide election;
9-18 (C) a judge of the court of civil appeals, a
9-19 district court, a court of domestic relations, a statutory county
9-20 court, or a juvenile court created by special law;
9-21 (D) a member of the State Board of Education; or
9-22 (E) a person appointed to fill a vacancy or
9-23 newly created office who, if elected rather than appointed, would
9-24 be an elected officer as defined in paragraph (A), (B), (C), or (D)
9-25 of this subdivision.
10-1 SECTION 9. Chapter 421, Acts of the 63rd Legislature,
10-2 Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
10-3 Statutes), is amended by adding Section 5 to read as follows:
10-4 Section 5. ADDITIONAL REQUIREMENTS FOR JUDICIAL OFFICERS.
10-5 (a) In addition to the information required to be disclosed under
10-6 Section 4 of this Act, a financial statement filed by an elected
10-7 officer of a judicial office shall contain the following
10-8 information with respect to the activity of the officer and the
10-9 activity of the officer's spouse and dependent children over which
10-10 the officer had actual control for the reporting period:
10-11 (1) for the past seven years, the name of any
10-12 partnership, professional corporation, or other business entity
10-13 formed for the purpose of practicing law with which the officer has
10-14 been associated, and the date and duration of such association;
10-15 (2) the name and nature of the business of any sole
10-16 proprietorship, partnership, privately held corporation, joint
10-17 venture, or any other business entity, excluding a publicly held
10-18 corporation, in which the officer has a beneficial interest, the
10-19 name, occupation and address of any other person with an interest
10-20 in such business entity, and if sold the amount of net gain or loss
10-21 realized from such sale;
10-22 (3) the source, specifically identified by name,
10-23 address, and occupation, if any, of the payor, and amount of income
10-24 in excess of $500 per source from interest, dividends, royalties,
10-25 and rents;
11-1 (4) the amount owed under any personal note or lease
11-2 agreement that existed at any time during the reporting period, and
11-3 the name, address, and occupation of any guarantor, creditor, or
11-4 lessee;
11-5 (5) the name of any trust and of the trustee for any
11-6 trust from which the officer received income as a beneficiary of
11-7 the trust;
11-8 (6) the value of all assets and liabilities of any
11-9 corporation, partnership, or other business entity in which 50
11-10 percent or more of the outstanding ownership was held, acquired, or
11-11 sold by the officer, and the name, address, and occupation, if any,
11-12 of the person to whom an asset or liability of such business entity
11-13 was sold; and
11-14 (7) the name of any person, association, corporation,
11-15 or other entity that providing gifts, meals, transportation, or
11-16 lodging expenses on behalf of or to benefit the officer (except for
11-17 those conferred on account of kinship or a personal, professional,
11-18 or business relationship independent of the officer's official
11-19 status), the amount of such expenses, and the date and location of
11-20 such expenses.
11-21 (b) To the extent that the information required to be
11-22 disclosed under this section conflicts with that required by
11-23 Section 4 of this Act, this section shall control.
11-24 (c) If there is a change at any time during the current
11-25 calendar year in the information required to be disclosed by an
12-1 elected officer of a judicial office, the officer shall file an
12-2 amended statement with the commission reflecting the change not
12-3 later than 30 days after the change occurs.
12-4 (d) An elected officer of a judicial office shall file a
12-5 copy of the officer's financial statement and amendments with the
12-6 same authorities with which the officer files a campaign treasurer
12-7 appointment under Section 252.005, Election Code.
12-8 (e) An elected officer of a judicial office shall retain a
12-9 file-stamped copy of each statement or amendment for four years
12-10 following the date such statement or amendment is filed.
12-11 SECTION 10. Subchapter G, Chapter 51, Government Code, is
12-12 amended by adding Section 51.605 to read as follows:
12-13 Sec. 51.605. DISCLOSURE OF JUDICIAL APPOINTMENTS FOR FEES.
12-14 (a) Whenever the word "clerk" is used in this section, it shall
12-15 refer to the clerk of any court, the judge of which makes an
12-16 appointment for which compensation from any source is paid.
12-17 (b) Each month the clerk shall publish a list that contains:
12-18 (1) the name of each person appointed to serve by the
12-19 court and the capacity in which the person serves;
12-20 (2) the name of the judge who made the appointment;
12-21 and
12-22 (3) the amount of fees paid to the person.
12-23 (c) The list shall be updated each month to reflect any
12-24 changes. Information regarding a specific appointment may be
12-25 deleted from the list at the time the appointment is terminated by
13-1 the court.
13-2 (d) A copy of the list must be made available for public
13-3 inspection in the office of the clerk. The clerk may charge a
13-4 reasonable fee for recovering the cost of reproducing the list for
13-5 the public.
13-6 (e) Copies of each list shall be retained by the clerk for
13-7 four years after the list is initially published.
13-8 SECTION 11. (a) Sections 1, 3, 8, and 9 of this Act take
13-9 effect January 1, 1994.
13-10 (b) Sections 2, 4, and 5 of this Act take effect January 1,
13-11 1994. Section 2 applies only to a contribution offered, made,
13-12 solicited, received, or accepted on or after that date. A
13-13 contribution received before the effective date is governed by the
13-14 law in effect on the date that it was received.
13-15 (c) Sections 6 and 7 of this Act take effect January 1,
13-16 1994, and apply to fund balances, assets, and debts existing as of
13-17 that date, and to a contribution offered, made, received, or
13-18 accepted on or after that date. A contribution received before the
13-19 effective date is governed by the law in effect on the date that it
13-20 was received.
13-21 (d) Section 10 of this Act takes effect September 1, 1993.
13-22 SECTION 12. The importance of this legislation and the
13-23 crowded condition of the calendars in both houses create an
13-24 emergency and an imperative public necessity that the
13-25 constitutional rule requiring bills to be read on three several
14-1 days in each house be suspended, and this rule is hereby suspended.