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.