By: Hunter, Todd H.B. No. 2424
73R3317 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to political contributions and expenditures in connection
1-3 with campaigns for certain judicial offices; providing criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 253, Election Code, is amended by adding
1-7 Subchapter F to read as follows:
1-8 SUBCHAPTER F. TEXAS JUDICIAL
1-9 FAIR CAMPAIGN PRACTICES ACT
1-10 Sec. 253.151. APPLICABILITY OF SUBCHAPTER. This subchapter
1-11 applies only to a candidate for the office of:
1-12 (1) chief justice or associate justice, supreme court;
1-13 (2) presiding judge or judge, court of criminal
1-14 appeals;
1-15 (3) chief justice or associate justice, court of
1-16 appeals;
1-17 (4) judge, district court;
1-18 (5) judge, statutory county court; or
1-19 (6) judge, statutory probate court.
1-20 Sec. 253.152. DEFINITIONS. In this subchapter:
1-21 (1) "Appellate court" means the supreme court, the
1-22 court of criminal appeals, or a court of appeals.
1-23 (2) "Business entity" means a partnership,
1-24 association, professional corporation, or other organization
2-1 established for commercial, industrial, or professional dealings,
2-2 including the practice of law.
2-3 (3) "Election" means a primary, runoff primary, or
2-4 general election.
2-5 (4) "With respect to an election" means:
2-6 (A) with regard to a contribution that is
2-7 designated in writing for a particular election, the election
2-8 designated; and
2-9 (B) with regard to a contribution that is not
2-10 designated in writing for a particular election or that is
2-11 designated as an officeholder contribution, the next election
2-12 occurring for that office after the contribution is made.
2-13 (5) "Trial court" means a district court, statutory
2-14 county court, or statutory probate court.
2-15 Sec. 253.153. CONTRIBUTION LIMITS. (a) An individual may
2-16 not knowingly make or authorize political contributions that in the
2-17 aggregate exceed:
2-18 (1) $1,000 to a candidate for an appellate court
2-19 office; or
2-20 (2) $500 to a candidate for a trial court office.
2-21 (b) A business entity or a political committee that is
2-22 directly established, administered, or controlled by one or more
2-23 business entities may not knowingly make or authorize political
2-24 contributions that in the aggregate exceed:
2-25 (1) $10,000 to a candidate for an appellate court
2-26 office; or
2-27 (2) $5,000 to a candidate for a trial court office.
3-1 (c) The limits prescribed by Subsections (a) and (b) apply
3-2 with respect to each election in which the candidate is involved.
3-3 (d) A person may not knowingly accept a political
3-4 contribution made or authorized in violation of Subsection (a) or
3-5 (b).
3-6 (e) A person who violates this section commits an offense.
3-7 An offense under this section is a Class A misdemeanor.
3-8 Sec. 253.154. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
3-9 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.153, a
3-10 contribution to a specific-purpose committee for supporting a
3-11 candidate, for opposing the candidate's opponent, or for assisting
3-12 the candidate as an officeholder is considered to be a contribution
3-13 to the candidate unless the candidate, in an affidavit filed with
3-14 the authority with whom the candidate's campaign treasurer
3-15 appointment is required to be filed, states that the candidate has
3-16 not directly or indirectly communicated with the committee in
3-17 regard to a strategic matter, including polling data, advertising,
3-18 campaign speeches, or voter demographics, in connection with the
3-19 candidate's campaign.
3-20 Sec. 253.155. CERTAIN DIRECT EXPENDITURES CONSIDERED
3-21 CONTRIBUTIONS. For purposes of Section 253.153, a direct campaign
3-22 expenditure is considered to be a campaign contribution.
3-23 Sec. 253.156. VOLUNTARY EXPENDITURE LIMIT. (a) A candidate
3-24 to whom this subchapter applies may file a sworn declaration of
3-25 intent to comply with the voluntary expenditure limits prescribed
3-26 by this section. The declaration must:
3-27 (1) state that the candidate voluntarily agrees to
4-1 comply with the expenditure limits prescribed by this section;
4-2 (2) be filed with the authority with whom the
4-3 candidate's campaign treasurer appointment is required to be filed;
4-4 and
4-5 (3) be filed on or before the date the candidate files
4-6 a campaign treasurer appointment.
4-7 (b) Except as provided by Subsection (d), a candidate for an
4-8 appellate court office who files a declaration of compliance under
4-9 Subsection (a) may not knowingly make or authorize campaign
4-10 expenditures with respect to an election that in the aggregate
4-11 exceed $500,000.
4-12 (c) Except as provided by Subsection (d), a candidate for a
4-13 trial court office who files a declaration of compliance under
4-14 Subsection (a) may not knowingly make or authorize campaign
4-15 expenditures with respect to an election that in the aggregate
4-16 exceed $50,000.
4-17 (d) A candidate who files a declaration of compliance under
4-18 Subsection (a) is not required to comply with the expenditure
4-19 limits prescribed by this section if another person becomes a
4-20 candidate for the same office but does not file a declaration of
4-21 compliance. Not later than the third day after the date a person
4-22 who does not file a declaration of compliance becomes a candidate,
4-23 the authority with whom each complying candidate filed the
4-24 candidate's declaration of compliance shall notify the candidate in
4-25 writing that the expenditure limit has been suspended.
4-26 (e) A candidate who violates this section commits an
4-27 offense. An offense under this section is a Class A misdemeanor.
5-1 Sec. 253.157. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
5-2 EXPENDITURE BY CANDIDATE. For purposes of Section 253.156, an
5-3 expenditure by a specific-purpose committee for supporting a
5-4 candidate, for opposing the candidate's opponent, or for assisting
5-5 the candidate as an officeholder is considered to be an expenditure
5-6 by the candidate unless the candidate, in an affidavit filed with
5-7 the authority with whom the candidate's campaign treasurer
5-8 appointment is required to be filed, states that the candidate has
5-9 not directly or indirectly communicated with the committee in
5-10 regard to a strategic matter, including polling data, advertising,
5-11 campaign speeches, or voter demographics, in connection with the
5-12 candidate's campaign.
5-13 SECTION 2. Chapter 255, Election Code, is amended by adding
5-14 Section 255.008 to read as follows:
5-15 Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING BY
5-16 JUDICIAL CANDIDATE. (a) This section applies only to a candidate
5-17 covered by Subchapter F, Chapter 253.
5-18 (b) Political advertising by a candidate who files a
5-19 declaration of compliance under Section 253.156(a) or a
5-20 specific-purpose committee for supporting such a candidate must
5-21 include the following statement: "Political advertising paid for
5-22 by (name of candidate or committee) in compliance with the
5-23 voluntary spending limits of the Texas Judicial Fair Campaign
5-24 Practices Act."
5-25 (c) Political advertising by a candidate who does not file a
5-26 declaration of compliance under Section 253.156(a) or a
5-27 specific-purpose committee for supporting such a candidate must
6-1 include the following statement: "Political advertising paid for
6-2 by (name of candidate or committee) (who or which) has rejected the
6-3 voluntary spending limits of the Texas Judicial Fair Campaign
6-4 Practices Act."
6-5 (d) A candidate who files a declaration of compliance under
6-6 Section 253.156(a) is entitled to use the statement prescribed by
6-7 Subsection (b) without regard to whether the expenditure limit is
6-8 later suspended because another candidate fails to file a
6-9 declaration of compliance.
6-10 (e) A person who violates this section commits an offense.
6-11 An offense under this section is a Class A misdemeanor.
6-12 SECTION 3. A candidate to whom Subchapter F, Chapter 253,
6-13 Election Code, as added by this Act, applies and who has a campaign
6-14 treasurer appointment in effect on the effective date of this Act
6-15 may file a declaration of intent to comply with the voluntary
6-16 expenditure limits of Section 253.156, Election Code, as added by
6-17 this Act, not later than the last day for the candidate to file:
6-18 (1) an application for a place on the ballot;
6-19 (2) an application for nomination by convention;
6-20 (3) a declaration of intent to run as an independent
6-21 candidate; or
6-22 (4) a declaration of a write-in candidacy.
6-23 SECTION 4. This Act takes effect September 1, 1993.
6-24 SECTION 5. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.