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.