By:  Ellis, Moncrief                                   S.B. No. 309
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of political contributions, political
    1-2  expenditures, and political advertising in connection with certain
    1-3  judicial candidates and officeholders, to personal financial
    1-4  statements filed by certain judicial officeholders, and to certain
    1-5  appointments made by trial judges; providing civil and criminal
    1-6  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 <secretary of state>, if the
   1-14  appointment is made for candidacy for:
   1-15                    (A)  a statewide office;
   1-16                    (B)  a district office filled by voters of more
   1-17  than one county;
   1-18                    (C)  state senator;
   1-19                    (D)  state representative; or
   1-20                    (E)  the State Board of Education;
   1-21              (2)  the county clerk, if the appointment is made for
   1-22  candidacy for a county office, a precinct office, or a district
   1-23  office other than one included in Subdivision (1);
    2-1              (3)  the clerk or secretary of the governing body of
    2-2  the political subdivision or, if the political subdivision has no
    2-3  clerk or secretary, with the governing body's presiding officer, if
    2-4  the appointment is made for candidacy for an office of a political
    2-5  subdivision other than a county;
    2-6              (4)  the county clerk if:
    2-7                    (A)  the appointment is made for candidacy for an
    2-8  office of a political subdivision other than a county;
    2-9                    (B)  the governing body for the political
   2-10  subdivision has not been formed; and
   2-11                    (C)  no boundary of the political subdivision
   2-12  crosses a boundary of the county; <or>
   2-13              (5)  the commission <secretary of state> if:
   2-14                    (A)  the appointment is made for candidacy for an
   2-15  office of a political subdivision other than a county;
   2-16                    (B)  the governing body for the political
   2-17  subdivision has not been formed; and
   2-18                    (C)  the political subdivision is situated in
   2-19  more than one county; or
   2-20              (6)  both the commission and the county clerk, if the
   2-21  appointment is made for candidacy for judge of a district court,
   2-22  statutory county court, or statutory probate court.
   2-23        (b)  A candidate for a judicial office must file a copy of
   2-24  the appointment with:
   2-25              (1)  the clerk of the supreme court, if the appointment
    3-1  is made for candidacy for chief justice or justice, supreme court;
    3-2              (2)  the clerk of the court of criminal appeals, if the
    3-3  appointment is made for candidacy for presiding judge or judge,
    3-4  court of criminal appeals;
    3-5              (3)  the clerk of the appropriate court of appeals, if
    3-6  the appointment is made for candidacy for chief justice or justice,
    3-7  court of appeals; or
    3-8              (4)  the clerk of the appropriate district court, if
    3-9  the appointment is made for candidacy for district judge.
   3-10        SECTION 2.  Chapter 253, Election Code, is amended by adding
   3-11  Subchapter F to read as follows:
   3-12             SUBCHAPTER F.  JUDICIAL CAMPAIGN FAIRNESS ACT
   3-13        Sec. 253.151.  APPLICABILITY.  This subchapter applies only
   3-14  to a candidate for or holder of the office of:
   3-15              (1)  chief justice or justice, supreme court;
   3-16              (2)  presiding judge or judge, court of criminal
   3-17  appeals;
   3-18              (3)  chief justice or justice, court of appeals;
   3-19              (4)  district judge;
   3-20              (5)  judge, statutory county court; or
   3-21              (6)  judge, statutory probate court.
   3-22        Sec. 253.152.  DEFINITIONS.  In this subchapter:
   3-23              (1)  "Complying candidate" or "complying officeholder"
   3-24  means a judicial candidate who files a declaration of compliance
   3-25  under Section 253.162(a)(1).
    4-1              (2)  "In connection with an election" means:
    4-2                    (A)  with regard to a contribution that is
    4-3  designated in writing for a particular election, the election
    4-4  designated; or
    4-5                    (B)  with regard to a contribution that is not
    4-6  designated in writing for a particular election or that is
    4-7  designated as an officeholder contribution, the next election for
    4-8  that office occurring after the contribution is made.
    4-9              (3)  "Judicial district" means the territory from which
   4-10  a judicial candidate is elected.
   4-11              (4)  "Noncomplying candidate" means a judicial
   4-12  candidate who files a declaration of intent to exceed the limits on
   4-13  expenditures and the use of personal funds under Section
   4-14  253.162(a)(2).
   4-15        Sec. 253.153.  CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
   4-16  PERIOD.  (a)  A person may not knowingly make or authorize a
   4-17  political contribution to a judicial candidate or officeholder, a
   4-18  specific-purpose committee for supporting or opposing a judicial
   4-19  candidate, or a specific-purpose committee for assisting a judicial
   4-20  officeholder except during the period:
   4-21              (1)  beginning on:
   4-22                    (A)  the 180th day before the date an application
   4-23  for a place on the ballot or for nomination by convention for the
   4-24  office is required to be filed, if the election is for a full term;
   4-25  or
    5-1                    (B)  the later of the 180th day before the date
    5-2  an application for a place on the ballot or for nomination by
    5-3  convention for the office is required to be filed or the date a
    5-4  vacancy in the office occurs, if the election is for an unexpired
    5-5  term; and
    5-6              (2)  ending on the 45th day after the date of:
    5-7                    (A)  the general election for state and county
    5-8  officers, if the officeholder or candidate has an opponent in the
    5-9  general election; or
   5-10                    (B)  except as provided by Subsection (c), the
   5-11  runoff primary election regardless of whether a runoff is held, if
   5-12  the officeholder or candidate does not have an opponent in the
   5-13  general election.
   5-14        (b)  A person may not knowingly accept a political
   5-15  contribution made or authorized in violation of Subsection (a).
   5-16        (c)  Notwithstanding Subsection (a)(2)(B), a person may make
   5-17  a political contribution to a judicial candidate or a
   5-18  specific-purpose committee for supporting or opposing a judicial
   5-19  candidate after another person files a declaration of write-in
   5-20  candidacy opposing the candidate.
   5-21        (d)  This section does not apply to a candidate for or holder
   5-22  of the office of chief justice or justice, supreme court, or
   5-23  presiding judge or judge, court of criminal appeals.
   5-24        (e)  A person who violates this section commits an offense.
   5-25  An offense under this section is a Class A misdemeanor.
    6-1        Sec. 253.154.  WRITE-IN CANDIDACY.  (a)  A person may not
    6-2  knowingly make or authorize a political contribution to a write-in
    6-3  candidate for judicial office or a specific-purpose committee for
    6-4  supporting or opposing a write-in candidate for judicial office
    6-5  before the candidate files a declaration of write-in candidacy.
    6-6        (b)  A person may not knowingly accept a political
    6-7  contribution made or authorized in violation of Subsection (a).
    6-8        (c)  This section does not apply to a candidate for the
    6-9  office of chief justice or justice, supreme court, or presiding
   6-10  judge or judge, court of criminal appeals.
   6-11        (d)  A person who violates this section commits an offense.
   6-12  An offense under this section is a Class A misdemeanor.
   6-13        Sec. 253.155.  CONTRIBUTION LIMITS.  (a)  Except as provided
   6-14  by Subsection (d), a person may not knowingly make or authorize
   6-15  political contributions to a judicial candidate that in the
   6-16  aggregate exceed the limits prescribed by Subsection (b) in
   6-17  connection with each election in which the candidate is involved.
   6-18        (b)  The contribution limits are:
   6-19              (1)  for the office of chief justice or justice,
   6-20  supreme court, or presiding judge or judge, court of criminal
   6-21  appeals, $5,000; or
   6-22              (2)  for any other judicial office:
   6-23                    (A)  $1,000, if the population of the judicial
   6-24  district is less than 150,000;
   6-25                    (B)  $2,500, if the population of the judicial
    7-1  district is 150,000 to 500,000; or
    7-2                    (C)  $5,000, if the population of the judicial
    7-3  district is more than 500,000.
    7-4        (c)  A candidate may not knowingly accept a political
    7-5  contribution made or authorized in violation of Subsection (a).
    7-6        (d)  This section does not apply to a political contribution
    7-7  made by the principal political committee of the state executive
    7-8  committee or a county executive committee of a political party.
    7-9        (e)  A person who violates this section commits an offense.
   7-10  An offense under this section is a Class A misdemeanor.
   7-11        Sec. 253.156.  CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
   7-12  CONTRIBUTION TO CANDIDATE.  For purposes of Section 253.155, a
   7-13  contribution to a specific-purpose committee for the purpose of
   7-14  supporting a judicial candidate, opposing the candidate's opponent,
   7-15  or assisting the candidate as an officeholder is considered to be a
   7-16  contribution to the candidate.
   7-17        Sec. 253.157.  LIMIT ON CONTRIBUTION BY MEMBER OF LAW FIRM.
   7-18  (a)  A judicial candidate may not accept a political contribution
   7-19  in excess of $50 from an individual if:
   7-20              (1)  the individual is a member of a law firm; and
   7-21              (2)  the contribution, when aggregated with all
   7-22  political contributions accepted by the candidate from other
   7-23  members of the individual's law firm in connection with the
   7-24  election, would exceed five times the applicable contribution limit
   7-25  under Section 253.155.
    8-1        (b)  A candidate who receives a political contribution that
    8-2  violates Subsection (a) shall return the contribution to the
    8-3  contributor.
    8-4        (c)  In this section:
    8-5              (1)  "Law firm" means a partnership or professional
    8-6  corporation organized for the practice of law.
    8-7              (2)  "Member" means a partner, associate, shareholder,
    8-8  or employee.
    8-9        Sec. 253.158.  CONTRIBUTION FROM OR DIRECT CAMPAIGN
   8-10  EXPENDITURE BY GENERAL-PURPOSE COMMITTEE PROHIBITED.  (a)  A
   8-11  general-purpose committee may not knowingly make or authorize a
   8-12  political contribution to a judicial candidate or officeholder, a
   8-13  specific-purpose committee for supporting or opposing a judicial
   8-14  candidate, or a specific-purpose committee for assisting a judicial
   8-15  officeholder.
   8-16        (b)  A person may not knowingly accept a political
   8-17  contribution made or authorized in violation of Subsection (a).
   8-18        (c)  For purposes of this section, an expenditure by a
   8-19  general-purpose committee for the purpose of supporting a
   8-20  candidate, for opposing the candidate's opponent, or for assisting
   8-21  the candidate as an officeholder is considered to be a contribution
   8-22  to the candidate unless the campaign treasurer of the
   8-23  general-purpose committee, in an affidavit filed with the
   8-24  commission, states that the committee has not directly or
   8-25  indirectly communicated with the candidate's campaign, including
    9-1  the candidate, an aide to the candidate, a campaign officer, or a
    9-2  campaign consultant, or another political committee in regard to a
    9-3  strategic matter, including polling data, advertising, or voter
    9-4  demographics, in connection with the candidate's campaign.
    9-5        (d)  This section does not apply to the principal political
    9-6  committee of the state executive committee or a county executive
    9-7  committee of a political party.
    9-8        (e)  A person who violates this section commits an offense.
    9-9  An offense under this section is a Class A misdemeanor.
   9-10        Sec. 253.159.  USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
   9-11  PROHIBITED.  (a)  A judicial candidate or officeholder, a
   9-12  specific-purpose committee for supporting or opposing a judicial
   9-13  candidate, or a specific-purpose committee for assisting a judicial
   9-14  officeholder may not use a political contribution to make a
   9-15  campaign expenditure for judicial office or to make an officeholder
   9-16  expenditure in connection with a judicial office if the
   9-17  contribution was accepted while the candidate or officeholder:
   9-18              (1)  was a candidate for an office other than a
   9-19  judicial office; or
   9-20              (2)  held an office other than a judicial office,
   9-21  unless the person had become a candidate for judicial office.
   9-22        (b)  A person who violates this section commits an offense.
   9-23  An offense under this section is a Class A misdemeanor.
   9-24        Sec. 253.160.  LIMIT ON REIMBURSEMENT OF PERSONAL FUNDS.
   9-25  (a)  A judicial candidate or officeholder who makes political
   10-1  expenditures from the person's personal funds may not reimburse the
   10-2  personal funds from political contributions in amounts that in the
   10-3  aggregate exceed $5,000 for each election in which the person's
   10-4  name appears on the ballot.
   10-5        (b)  A person who is both a candidate and an officeholder may
   10-6  reimburse the person's personal funds only in one capacity.
   10-7        (c)  A person who violates this section commits an offense.
   10-8  An offense under this section is a Class A misdemeanor.
   10-9        Sec. 253.161.  NOTICE REQUIRED FOR CERTAIN POLITICAL
  10-10  EXPENDITURES.  (a)  A person other than a candidate, officeholder,
  10-11  or the state executive committee or a county executive committee of
  10-12  a political party may not make political expenditures that in the
  10-13  aggregate exceed the lesser of $5,000 or five percent of the
  10-14  applicable limit on expenditures prescribed by Section 253.166 for
  10-15  the purpose of supporting or opposing a candidate for an office
  10-16  other than chief justice or justice, supreme court, or presiding
  10-17  judge or judge, court of criminal appeals, or assisting such a
  10-18  candidate as an officeholder unless the person files with the
  10-19  commission a written declaration of the person's intent to make
  10-20  expenditures that exceed the limit prescribed by this subsection.
  10-21        (b)  A person other than a candidate, officeholder, or the
  10-22  state executive committee or a county executive committee of a
  10-23  political party may not make political expenditures that in the
  10-24  aggregate exceed $15,000 for the purpose of supporting or opposing
  10-25  a candidate for chief justice or justice, supreme court, or
   11-1  presiding judge or judge, court of criminal appeals, or assisting
   11-2  such a candidate as an officeholder unless the person files with
   11-3  the commission a written declaration of the person's intent to make
   11-4  expenditures that exceed the limit prescribed by this subsection.
   11-5        (c)  A declaration under Subsection (a) or (b) must be filed
   11-6  not later than the earlier of:
   11-7              (1)  the date the person makes the political
   11-8  expenditure that causes the person to exceed the limit prescribed
   11-9  by Subsection (a) or (b); or
  11-10              (2)  the 90th day before the date of the election in
  11-11  connection with which the political expenditures are intended to be
  11-12  made.
  11-13        (d)  The commission shall file a declaration received under
  11-14  Subsection (a) or (b) with the records of each judicial candidate
  11-15  or officeholder on whose behalf the person filing the declaration
  11-16  intends to make political expenditures.  If the person intends to
  11-17  make only political expenditures opposing a judicial candidate, the
  11-18  commission shall file the declaration with the records of each
  11-19  candidate for the office.
  11-20        (e)  An expenditure made by a political committee that
  11-21  consists only of costs incurred in contacting the committee's
  11-22  membership may be made without the declaration required by
  11-23  Subsection (a) or (b).
  11-24        (f)  A person who makes a political expenditure in violation
  11-25  of Subsection (a) or (b) is liable in damages to the state in the
   12-1  amount of triple the amount by which the political expenditures
   12-2  exceed the limit prescribed by Subsection (a) or (b).
   12-3        (g)  On the request of the commission, the attorney general
   12-4  shall bring an action in a court of competent jurisdiction to
   12-5  recover damages under this section.  In an action under this
   12-6  subsection, the state is entitled to reasonable attorney fees and
   12-7  costs of court.
   12-8        (h)  Damages recovered under this section shall be deposited
   12-9  to the credit of the judicial campaign fairness fund.
  12-10        Sec. 253.162.  VOLUNTARY COMPLIANCE.  (a)  When a person
  12-11  becomes a candidate for a judicial office, the person must file
  12-12  with the commission:
  12-13              (1)  a sworn declaration of compliance stating that the
  12-14  person voluntarily agrees to comply with the limits on expenditures
  12-15  and the use of personal funds prescribed by this subchapter; or
  12-16              (2)  a written declaration of the person's intent to
  12-17  make expenditures or use personal funds that exceed the limits
  12-18  prescribed by this subchapter.
  12-19        (b)  The limits on contributions prescribed by this
  12-20  subchapter apply to complying candidates unless suspended as
  12-21  provided by Section 253.163 or 253.168.  The limit on reimbursement
  12-22  of personal funds prescribed by this subchapter applies to
  12-23  complying and noncomplying candidates.  The limits on contributions
  12-24  prescribed by this subchapter apply to noncomplying candidates
  12-25  regardless of whether the limits on contributions, expenditures,
   13-1  and use of personal funds are suspended as to complying candidates.
   13-2        (c)  A judicial candidate may not knowingly accept a campaign
   13-3  contribution or make or authorize a campaign expenditure before the
   13-4  candidate files a declaration under Subsection (a).
   13-5        (d)  A person who violates Subsection (c) commits an offense.
   13-6  An offense under this subsection is a Class A misdemeanor.
   13-7        Sec. 253.163.  EFFECT OF NONCOMPLYING CANDIDATE.  (a)  A
   13-8  complying candidate or a specific-purpose committee for supporting
   13-9  a complying candidate is not required to comply with the limits on
  13-10  contributions, expenditures, and the use of personal funds
  13-11  prescribed by this subchapter if another person becomes a candidate
  13-12  for the same office and:
  13-13              (1)  files a declaration of intent to exceed the limits
  13-14  on expenditures and the use of personal funds under Section
  13-15  253.162(a)(2); or
  13-16              (2)  files a declaration of compliance under Section
  13-17  253.162(a)(1) but later exceeds the limits on expenditures and the
  13-18  use of personal funds.
  13-19        (b)  The executive director of the commission shall issue an
  13-20  order suspending the limits on contributions, expenditures, and the
  13-21  use of personal funds for a specific office not later than the 10th
  13-22  day after the date the executive director determines:
  13-23              (1)  a person has become a candidate for that office
  13-24  and has filed the declaration of intent to exceed the limits on
  13-25  expenditures and the use of personal funds under Section
   14-1  253.162(a)(2); or
   14-2              (2)  a complying candidate for that office has exceeded
   14-3  the limit on expenditures or the use of personal funds prescribed
   14-4  by this subchapter.
   14-5        Sec. 253.164.  BENEFIT TO COMPLYING CANDIDATE.  (a)  A
   14-6  complying candidate is entitled to state on political advertising
   14-7  as provided by Section 255.008 that the candidate complies with the
   14-8  Judicial Campaign Fairness Act, regardless of whether the limits on
   14-9  contributions, expenditures, and the use of personal funds are
  14-10  later suspended.
  14-11        (b)  A noncomplying candidate is not entitled to the benefit
  14-12  provided by this section.
  14-13        Sec. 253.165.  CERTIFICATION OF POPULATION; NOTICE OF
  14-14  EXPENDITURE LIMITS.  (a)  For purposes of this subchapter only, not
  14-15  later than July 15 of each odd-numbered year, the secretary of
  14-16  state shall deliver to the commission a written certification of
  14-17  the population of each judicial district the office of justice or
  14-18  judge of which will be filled at the succeeding general election
  14-19  for state and county officers.
  14-20        (b)  Based on the certification of population under
  14-21  Subsection (a), the commission shall deliver to each candidate for
  14-22  an office covered by this subchapter written notice of the
  14-23  expenditure limits applicable to the office the candidate seeks not
  14-24  later than the fifth day after the earlier of:
  14-25              (1)  the date the candidate files a campaign treasurer
   15-1  appointment; or
   15-2              (2)  the date the candidate files the report required
   15-3  to be filed under Chapter 254 on January 15 of the year in which
   15-4  the election occurs.
   15-5        Sec. 253.166.  EXPENDITURE LIMITS.  (a)  For each election in
   15-6  which the candidate is involved, a complying candidate may not
   15-7  knowingly make or authorize political expenditures that in the
   15-8  aggregate exceed:
   15-9              (1)  for the office of chief justice or justice,
  15-10  supreme court, or presiding judge or judge, court of criminal
  15-11  appeals, $2 million; or
  15-12              (2)  for an office other than an office covered by
  15-13  Subdivision (1):
  15-14                    (A)  if the population of the judicial district
  15-15  is less than 250,000, the greater of:
  15-16                          (i)  $50,000; or
  15-17                          (ii)  an amount equal to $0.60 multiplied
  15-18  by the population of the judicial district; or
  15-19                    (B)  if the population of the judicial district
  15-20  is 250,000 or more, the lesser of:
  15-21                          (i)  $500,000; or
  15-22                          (ii)  an amount equal to $150,000 plus
  15-23  $0.30 multiplied by the population of the judicial district in
  15-24  excess of 250,000.
  15-25        (b)  A complying candidate who violates this section commits
   16-1  an offense.  An offense under this section is a Class A
   16-2  misdemeanor.
   16-3        Sec. 253.167.  EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
   16-4  EXPENDITURE BY CANDIDATE.  For purposes of Section 253.166, an
   16-5  expenditure by a specific-purpose committee for the purpose of
   16-6  supporting a candidate, opposing the candidate's opponent, or
   16-7  assisting the candidate as an officeholder is considered to be an
   16-8  expenditure by the candidate unless the candidate, in an affidavit
   16-9  filed with the commission, states that the candidate's campaign,
  16-10  including the candidate, an aide to the candidate, a campaign
  16-11  officer, or a campaign consultant of the candidate has not directly
  16-12  or indirectly communicated with the committee in regard to a
  16-13  strategic matter, including polling data, advertising, or voter
  16-14  demographics, in connection with the candidate's campaign.
  16-15        Sec. 253.168.  EFFECT OF CERTAIN POLITICAL EXPENDITURES.
  16-16  (a)  A complying candidate for an office other than chief justice
  16-17  or justice, supreme court, or presiding judge or judge, court of
  16-18  criminal appeals, or a specific-purpose committee for supporting
  16-19  such a candidate is not required to comply with the limits on
  16-20  contributions, expenditures, and the use of personal funds
  16-21  prescribed by this subchapter if a person other than the
  16-22  candidate's opponent or the state executive committee or a county
  16-23  executive committee of a political party makes political
  16-24  expenditures that in the aggregate exceed the lesser of $5,000 or
  16-25  five percent of the applicable limit on expenditures prescribed by
   17-1  Section 253.166 for the purpose of supporting the candidate's
   17-2  opponent, opposing the candidate, or assisting the candidate's
   17-3  opponent as an officeholder.
   17-4        (b)  A complying candidate for chief justice or justice,
   17-5  supreme court, or presiding judge or judge, court of criminal
   17-6  appeals, or a specific-purpose committee for supporting such a
   17-7  candidate is not required to comply with the limits on
   17-8  contributions, expenditures, and the use of personal funds
   17-9  prescribed by this subchapter if a person other than the
  17-10  candidate's opponent or the state executive committee or a county
  17-11  executive committee of a political party makes political
  17-12  expenditures that in the aggregate exceed $15,000 for the purpose
  17-13  of supporting the candidate's opponent, opposing the candidate, or
  17-14  assisting the candidate's opponent as an officeholder.
  17-15        (c)  The executive director of the commission shall issue an
  17-16  order suspending the limits on contributions, expenditures, and the
  17-17  use of personal funds for a specific office not later than the 10th
  17-18  day after the date the executive director determines that:
  17-19              (1)  a declaration of intent to make expenditures that
  17-20  exceed the limit prescribed by Subsection (a) or (b) is filed in
  17-21  connection with the office as provided by Section 253.161; or
  17-22              (2)  a political expenditure that exceeds the limit
  17-23  prescribed by Subsection (a) or (b) has been made.
  17-24        (d)  An expenditure made by a political committee that
  17-25  consists only of costs incurred in contacting the committee's
   18-1  membership does not count towards the limit prescribed by
   18-2  Subsection (a) or (b).
   18-3        Sec. 253.169.  CONTRIBUTION FROM OR DIRECT CAMPAIGN
   18-4  EXPENDITURE BY POLITICAL PARTY.  (a)  Except as provided by
   18-5  Subsection (b), a political contribution to or a direct campaign
   18-6  expenditure on behalf of a complying candidate that is made by the
   18-7  principal political committee of the state executive committee or a
   18-8  county executive committee of a political party is considered to be
   18-9  a political expenditure by the candidate for purposes of the
  18-10  expenditure limits prescribed by Section 253.166.
  18-11        (b)  Subsection (a) does not apply to a political expenditure
  18-12  for a general get-out-the-vote campaign or a written list that:
  18-13              (1)  identifies the party's candidates by name and
  18-14  office sought, office held, or photograph;
  18-15              (2)  does not include any reference to the party's or a
  18-16  candidate's ideology, philosophy, or position on an issue; or
  18-17              (3)  is not used in connection with any broadcasting,
  18-18  cablecasting, newspaper, magazine, billboard, or similar type of
  18-19  public communication.
  18-20        Sec. 253.170.  RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
  18-21  (a)  A noncomplying candidate or a specific-purpose committee for
  18-22  supporting a noncomplying candidate may not make a political
  18-23  expenditure that causes the person to exceed the applicable limit
  18-24  on expenditures prescribed by Section 253.166 before the 90th day
  18-25  after the date the candidate files a declaration of intent to
   19-1  exceed the limits on expenditures and the use of personal funds
   19-2  under Section 253.162(a)(2).
   19-3        (b)  A person who violates this section is liable in damages
   19-4  to the state in the amount of triple the amount of the political
   19-5  expenditures made that are prohibited by Subsection (a).
   19-6        (c)  On the request of the commission, the attorney general
   19-7  shall bring an action in a court of competent jurisdiction to
   19-8  recover damages under this section.  In an action under this
   19-9  subsection, the state is entitled to reasonable attorney fees and
  19-10  costs of court.
  19-11        (d)  Damages recovered under this section shall be deposited
  19-12  to the credit of the judicial campaign fairness fund.
  19-13        Sec. 253.171.  LIMIT ON USE OF PERSONAL FUNDS.  (a)  A
  19-14  complying candidate may not make political contributions or
  19-15  political expenditures in connection with the person's own
  19-16  candidacy that in the aggregate exceed $5,000 for each election in
  19-17  which the candidate is involved.
  19-18        (b)  A complying candidate may reimburse the person's
  19-19  personal funds only as provided by Section 253.160.
  19-20        (c)  A person who violates this section commits an offense.
  19-21  An offense under this section is a Class A misdemeanor.
  19-22        Sec. 253.172.  JUDICIAL CAMPAIGN FAIRNESS FUND.  (a)  The
  19-23  judicial campaign fairness fund is a special account in the general
  19-24  revenue fund.
  19-25        (b)  The judicial campaign fairness fund consists of:
   20-1              (1)  damages recovered under Sections 253.161 and
   20-2  253.170; and
   20-3              (2)  any gifts or grants received by the commission
   20-4  under Subsection (d).
   20-5        (c)  The judicial campaign fairness fund may be used only for
   20-6  voter education projects that relate to judicial campaigns.  To the
   20-7  extent practicable, the fund shall be permitted to accumulate until
   20-8  the balance is sufficient to permit the publication of a voter's
   20-9  guide that lists candidates for judicial office, their backgrounds,
  20-10  and similar information.  The commission shall implement this
  20-11  subsection.
  20-12        (d)  The commission may accept gifts and grants for the
  20-13  purposes described by Subsection (c).  Funds received under this
  20-14  subsection shall be deposited to the credit of the judicial
  20-15  campaign fairness fund.
  20-16        (e)  The judicial campaign fairness fund is exempt from
  20-17  Sections 403.094 and 403.095, Government Code.
  20-18        SECTION 3.  Section 254.031, Election Code, is amended by
  20-19  adding Subsection (c) to read as follows:
  20-20        (c)  A political contribution that is accepted but not
  20-21  received in a reporting period is not reported again in the
  20-22  reporting period when it is received.
  20-23        SECTION 4.  Section 254.040, Election Code, is amended to
  20-24  read as follows:
  20-25        Sec. 254.040.  PRESERVATION OF REPORTS.  (a)  Each report
   21-1  filed under this chapter shall be preserved by the authority with
   21-2  whom it is filed for at least two years after the date it is filed.
   21-3        (b)  A copy of each report filed under this chapter that
   21-4  includes reportable activity in connection with a candidate for or
   21-5  holder of a judicial office covered by Subchapter F, Chapter 253,
   21-6  shall be preserved by the person required to file the report for at
   21-7  least four years after the date it is filed.
   21-8        (c)  A person who violates Subsection (b) commits an offense.
   21-9  An offense under this section is a Class B misdemeanor.
  21-10        SECTION 5.  Subchapter C, Chapter 254, Election Code, is
  21-11  amended by adding Section 254.0611 to read as follows:
  21-12        Sec. 254.0611.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
  21-13  JUDICIAL CANDIDATES.  In addition to the contents required by
  21-14  Sections 254.031 and 254.061, each report by a candidate for a
  21-15  judicial office covered by Subchapter F, Chapter 253, must include:
  21-16              (1)  the total amount of political contributions,
  21-17  including interest or other income, maintained in one or more
  21-18  political funds accounts as of the last day of the reporting
  21-19  period;
  21-20              (2)  for each individual from whom the candidate has
  21-21  accepted political contributions that in the aggregate exceed $50
  21-22  and that are accepted during the reporting period:
  21-23                    (A)  the individual's principal occupation and
  21-24  job title; and
  21-25                    (B)  the full name and business address of the
   22-1  individual's employer, if any;
   22-2              (3)  a specific listing of each asset purchased with
   22-3  political contributions and on hand as of the last day of the
   22-4  reporting period;
   22-5              (4)  for each political contribution accepted by the
   22-6  candidate but not received as of the last day of the reporting
   22-7  period:
   22-8                    (A)  the full name and address of the person
   22-9  making the contribution;
  22-10                    (B)  the amount of the contribution; and
  22-11                    (C)  the date of the contribution; and
  22-12              (5)  for each outstanding loan to the candidate as of
  22-13  the last day of the reporting period:
  22-14                    (A)  the full name and address of the person or
  22-15  financial institution making the loan; and
  22-16                    (B)  the full name and address of each guarantor
  22-17  of the loan other than the candidate.
  22-18        SECTION 6.  The heading to Section 254.064, Election Code, is
  22-19  amended to read as follows:
  22-20        Sec. 254.064.  ADDITIONAL REPORTS OF CERTAIN CANDIDATES
  22-21  <OPPOSED CANDIDATE>.
  22-22        SECTION 7.  Subsection (a), Section 254.064, Election Code,
  22-23  is amended to read as follows:
  22-24        (a)  In addition to other required reports, for each election
  22-25  in which a person is a candidate <and has an opponent whose name is
   23-1  to appear on the ballot>, the person shall file two reports if the
   23-2  person:
   23-3              (1)  has an opponent whose name is to appear on the
   23-4  ballot; or
   23-5              (2)  is a candidate for a judicial office covered by
   23-6  Subchapter F, Chapter 253.
   23-7        SECTION 8.  Subchapter D, Chapter 254, Election Code, is
   23-8  amended by adding Section 254.0911 to read as follows:
   23-9        Sec. 254.0911.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
  23-10  JUDICIAL OFFICEHOLDERS.  In addition to the contents required by
  23-11  Sections 254.031 and 254.091, each report by a holder of a judicial
  23-12  office covered by Subchapter F, Chapter 253, must include:
  23-13              (1)  the total amount of political contributions,
  23-14  including interest or other income, maintained in one or more
  23-15  political funds accounts as of the last day of the reporting
  23-16  period;
  23-17              (2)  for each individual from whom the officeholder has
  23-18  accepted political contributions that in the aggregate exceed $50
  23-19  and that are accepted during the reporting period:
  23-20                    (A)  the individual's principal occupation and
  23-21  job title; and
  23-22                    (B)  the full name and business address of the
  23-23  individual's employer, if any;
  23-24              (3)  a specific listing of each asset purchased with
  23-25  political contributions and on hand as of the last day of the
   24-1  reporting period;
   24-2              (4)  for each political contribution accepted by the
   24-3  officeholder but not received as of the last day of the reporting
   24-4  period:
   24-5                    (A)  the full name and address of the person
   24-6  making the contribution;
   24-7                    (B)  the amount of the contribution; and
   24-8                    (C)  the date of the contribution; and
   24-9              (5)  for each outstanding loan to the officeholder as
  24-10  of the last day of the reporting period:
  24-11                    (A)  the full name and address of the person or
  24-12  financial institution making the loan; and
  24-13                    (B)  the full name and address of each guarantor
  24-14  of the loan other than the officeholder.
  24-15        SECTION 9.  Subchapter E, Chapter 254, Election Code, is
  24-16  amended by adding Section 254.1211 to read as follows:
  24-17        Sec. 254.1211.  ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
  24-18  COMMITTEES.  In addition to the contents required by Sections
  24-19  254.031 and 254.121, each report by a specific-purpose committee
  24-20  for supporting or opposing a candidate for or assisting a holder of
  24-21  a judicial office covered by Subchapter F, Chapter 253, must
  24-22  include:
  24-23              (1)  the total amount of political contributions,
  24-24  including interest or other income, maintained in one or more
  24-25  political funds accounts as of the last day of the reporting
   25-1  period;
   25-2              (2)  for each individual from whom the committee has
   25-3  accepted political contributions that in the aggregate exceed $50
   25-4  and that are accepted during the reporting period:
   25-5                    (A)  the individual's principal occupation and
   25-6  job title; and
   25-7                    (B)  the full name and business address of the
   25-8  individual's employer, if any;
   25-9              (3)  a specific listing of each asset purchased with
  25-10  political contributions and on hand as of the last day of the
  25-11  reporting period;
  25-12              (4)  for each political contribution accepted by the
  25-13  committee but not received as of the last day of the reporting
  25-14  period:
  25-15                    (A)  the full name and address of the person
  25-16  making the contribution;
  25-17                    (B)  the amount of the contribution; and
  25-18                    (C)  the date of the contribution; and
  25-19              (5)  for each outstanding loan to the committee as of
  25-20  the last day of the reporting period:
  25-21                    (A)  the full name and address of the person or
  25-22  financial institution making the loan; and
  25-23                    (B)  the full name and address of each guarantor
  25-24  of the loan.
  25-25        SECTION 10.  Chapter 255, Election Code, is amended by adding
   26-1  Section 255.008 to read as follows:
   26-2        Sec. 255.008.  DISCLOSURE ON POLITICAL ADVERTISING BY
   26-3  JUDICIAL CANDIDATE.  (a)  This section applies only to a candidate
   26-4  covered by Subchapter F, Chapter 253.
   26-5        (b)  Political advertising by a candidate who files a
   26-6  declaration of intent to comply with the limits on expenditures and
   26-7  the use of personal funds under  Subchapter F, Chapter 253, or a
   26-8  specific-purpose committee for supporting such a candidate must
   26-9  include the following statement:  "Political advertising paid for
  26-10  by (name of candidate or committee) in compliance with the
  26-11  voluntary limits of the Judicial Campaign Fairness Act."
  26-12        (c)  Political advertising by a candidate who files a
  26-13  declaration of intent to exceed the limits on expenditures and the
  26-14  use of personal funds under Subchapter F, Chapter 253, or a
  26-15  specific-purpose committee for supporting such a candidate must
  26-16  include the following statement:  "Political advertising paid for
  26-17  by (name of candidate or committee), (who or which) has rejected
  26-18  the voluntary limits of the Judicial Campaign Fairness Act."
  26-19        (d)  The commission shall adopt rules providing for:
  26-20              (1)  the minimum type size of the disclosure required
  26-21  by this section in written political advertising; and
  26-22              (2)  the minimum duration of the disclosure required by
  26-23  this section in political advertising that appears on television or
  26-24  radio.
  26-25        (e)  A person who violates this section or a rule adopted
   27-1  under this section commits an offense.  An offense under this
   27-2  section is a Class A misdemeanor.
   27-3        SECTION 11.  Subdivision (2), Section 2, Chapter 421, Acts of
   27-4  the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
   27-5  Vernon's Texas Civil Statutes), is amended to read as follows:
   27-6              (2)  "Elected officer" means:
   27-7                    (A)  a member of the legislature;
   27-8                    (B)  an executive or judicial officer elected in
   27-9  a statewide election;
  27-10                    (C)  a judge of a court of <civil> appeals, a
  27-11  district court, a statutory county court <of domestic relations>,
  27-12  or a statutory probate <juvenile> court <created by special law>;
  27-13                    (D)  a member of the State Board of Education; or
  27-14                    (E)  a person appointed to fill a vacancy or
  27-15  newly created office who, if elected rather than appointed, would
  27-16  be an elected officer as defined in paragraph (A), (B), (C), or (D)
  27-17  of this subdivision.
  27-18        SECTION 12.  Chapter 421, Acts of the 63rd Legislature,
  27-19  Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
  27-20  Statutes), is amended by adding Section 5 to read as follows:
  27-21        Sec. 5.  ADDITIONAL REQUIREMENTS FOR JUDICIAL CANDIDATES AND
  27-22  OFFICERS.  (a)  In addition to the information required to be
  27-23  disclosed under Section 4 of this Act, a financial statement filed
  27-24  by an elected officer holding a judicial office or a candidate for
  27-25  a judicial office shall include, for the preceding calendar year
   28-1  except as provided by Subdivision (1) of this subsection, the
   28-2  following information with respect to the activity of the person
   28-3  and the activity of the person's spouse and dependent children over
   28-4  which the person had actual control for the preceding calendar
   28-5  year:
   28-6              (1)  for the seven-year period before the date the
   28-7  person is required to file the supplemental financial statement,
   28-8  the name of any business entity in which the person practiced law
   28-9  and the dates and duration of the person's relationship with each
  28-10  business entity under this subdivision;
  28-11              (2)  a description of the business of any business
  28-12  entity that is not a publicly held or traded corporation in which
  28-13  the person had a beneficial interest, and, if the interest was
  28-14  sold, the amount of the net gain or loss realized from the sale;
  28-15              (3)  a list of each source of income, identified by the
  28-16  name, occupation, if any, and address of the payor and by amount,
  28-17  for any income paid or given to the person that is in excess of
  28-18  $500 and that is in the form of interest, dividends, royalties, or
  28-19  rents;
  28-20              (4)  the amount owed under each personal note or lease
  28-21  agreement that existed at any time during the preceding year and
  28-22  the name, occupation, if any, and address of any guarantor,
  28-23  creditor, or lessor;
  28-24              (5)  the name of each trust and the trustee of each
  28-25  trust from which the person received income as a beneficiary of the
   29-1  trust; and
   29-2              (6)  the value of all assets and liabilities of a
   29-3  business entity in which 50 percent or more of the outstanding
   29-4  ownership was held, acquired, or sold by the person and the name,
   29-5  occupation, if any, and address of any person who purchased an
   29-6  asset or who assumed a liability of the business.
   29-7        (b)  This section controls to the extent that the information
   29-8  required to be disclosed under this section conflicts with that
   29-9  required by Section 4 of this Act.
  29-10        (c)  An elected officer holding a judicial office or a
  29-11  candidate for a judicial office shall file a copy of the person's
  29-12  financial statement with each authority with whom the person files
  29-13  a campaign treasurer appointment under Chapter 252, Election Code.
  29-14        (d)  An elected officer holding a judicial office or a
  29-15  candidate for a judicial office shall retain a file-stamped copy of
  29-16  each statement until the fourth anniversary of the date the
  29-17  statement is filed.
  29-18        SECTION 13.  Chapter 23, Government Code, is amended by
  29-19  adding Subchapter Z to read as follows:
  29-20                SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
  29-21        Sec. 23.901.  DISCLOSURE OF JUDICIAL APPOINTMENTS FOR FEE.
  29-22  (a)  Each month the clerk of a trial court shall prepare a list
  29-23  containing:
  29-24              (1)  the name of each person appointed by the judge of
  29-25  the court to a position for which a fee is paid from any source;
   30-1              (2)  the name of the judge making the appointment;
   30-2              (3)  the position to which the person was appointed;
   30-3  and
   30-4              (4)  the amount of the fee paid to the person.
   30-5        (b)  In updating a list, a clerk may delete information
   30-6  relating to a specific appointment if the appointment has been
   30-7  terminated by the court.
   30-8        (c)  A clerk shall make a copy of a list available for public
   30-9  inspection in the clerk's office.  A clerk may charge a reasonable
  30-10  fee for reproducing a list for a person.
  30-11        (d)  A clerk shall retain a list until the fourth anniversary
  30-12  of the date it is made available for public inspection.
  30-13        (e)  A clerk is not required to include in a list information
  30-14  relating to a person appointed by a judge to a position in which
  30-15  the person is considered a county employee.
  30-16        SECTION 14.  (a)  Subchapter F, Chapter 253, Election Code,
  30-17  as added by this Act, is amended by adding Section 253.1521 to read
  30-18  as follows:
  30-19        Sec. 253.1521.  DEFINITION.  Notwithstanding Subsection (b),
  30-20  Section 1.39, Chapter 304, Acts of the 72nd Legislature, Regular
  30-21  Session, 1991, a reference in this subchapter to the secretary of
  30-22  state means the secretary of state.
  30-23        (b)  This section takes effect only if H.B. No. 947, 73rd
  30-24  Legislature, Regular Session, 1993, and S.B. No. 451, 73rd
  30-25  Legislature, Regular Session, 1993, are not enacted or do not
   31-1  become law.  If H.B. No. 947, 73rd Legislature, Regular Session,
   31-2  1993, or S.B. No. 451, 73rd Legislature, Regular Session, 1993, is
   31-3  enacted and becomes law, this section has no effect.
   31-4        SECTION 15.  Sections 253.155, 253.156, 253.157, 253.161
   31-5  through 253.169, and 253.171, Election Code, as added by this Act,
   31-6  are not severable, and none would have been enacted without the
   31-7  others.  If any one of those provisions is held invalid, each of
   31-8  those provisions is invalid.
   31-9        SECTION 16.  (a)  Sections 1 through 12, 14, and 15 of this
  31-10  Act take effect January 1, 1994.
  31-11        (b)  Subchapter F, Chapter 253, Election Code, as added by
  31-12  this Act, applies only to a political contribution accepted or
  31-13  political expenditure made on or after January 1, 1994.  A
  31-14  political contribution accepted or political expenditure made
  31-15  before January 1, 1994, is governed by the law in effect on the
  31-16  date the contribution  was accepted or the expenditure was made.
  31-17        (c)  Sections 254.0611, 254.0911, and 254.1211, Election
  31-18  Code, as added by this Act, apply to account balances, assets, and
  31-19  debts existing as of January 1, 1994, and to the reporting of a
  31-20  political contribution accepted on or after January 1, 1994.  The
  31-21  reporting of a  political contribution accepted before January 1,
  31-22  1994, is governed by the law in effect on the date it was accepted.
  31-23        (d)  Section 13 of this Act takes effect September 1, 1993.
  31-24        SECTION 17.  The importance of this legislation and the
  31-25  crowded condition of the calendars in both houses create an
   32-1  emergency and an imperative public necessity that the
   32-2  constitutional rule requiring bills to be read on three several
   32-3  days in each house be suspended, and this rule is hereby suspended.