73R11274 ESH-D
          By Ellis, Moncrief                                     S.B. No. 309
          Substitute the following for S.B. No. 309:
          By Danburg                                         C.S.S.B. No. 309
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of political contributions, political
    1-3  expenditures, and political advertising in connection with certain
    1-4  judicial candidates and officeholders, to personal financial
    1-5  statements filed by certain judicial officeholders, and to certain
    1-6  appointments made by trial judges; providing criminal penalties.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 252.005, Election Code, is amended to
    1-9  read as follows:
   1-10        Sec. 252.005.  Authority with Whom Appointment Filed:
   1-11  Candidate.  (a)  An individual must file a campaign treasurer
   1-12  appointment for the individual's own candidacy with:
   1-13              (1)  the commission <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; or
   1-21                    (F)  judge of a district court;
   1-22              (2)  the county clerk, if the appointment is made for
   1-23  candidacy for a county office, a precinct office, or a district
   1-24  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 statutory county
   2-22  court or statutory probate court.
   2-23        (b)  A candidate for a judicial office must also file a
   2-24  campaign treasurer appointment with:
   2-25              (1)  the clerk of the supreme court, if the appointment
   2-26  is made for candidacy for chief justice or justice, supreme court;
   2-27              (2)  the clerk of the court of criminal appeals, if the
    3-1  appointment is made for candidacy for presiding judge or judge,
    3-2  court of criminal appeals;
    3-3              (3)  the clerk of the appropriate court of appeals, if
    3-4  the appointment is made for candidacy for chief justice or justice,
    3-5  court of appeals; or
    3-6              (4)  the district clerk of the county in which the
    3-7  candidate resides, if the appointment is made for candidacy for
    3-8  district judge.
    3-9        SECTION 2.  Chapter 253, Election Code, is amended by adding
   3-10  Subchapter F to read as follows:
   3-11             SUBCHAPTER F.  JUDICIAL CAMPAIGN FAIRNESS ACT
   3-12        Sec. 253.151.  APPLICABILITY.  This subchapter applies only
   3-13  to a candidate for or holder of the office of:
   3-14              (1)  chief justice or justice, supreme court;
   3-15              (2)  presiding judge or judge, court of criminal
   3-16  appeals;
   3-17              (3)  chief justice or justice, court of appeals;
   3-18              (4)  district judge;
   3-19              (5)  judge, statutory county court; or
   3-20              (6)  judge, statutory probate court.
   3-21        Sec. 253.152.  DEFINITIONS.  In this subchapter:
   3-22              (1)  "Complying candidate" or "complying officeholder"
   3-23  means a judicial candidate who files a declaration of compliance
   3-24  under Section 253.162(a)(1).
   3-25              (2)  "In connection with an election" means:
   3-26                    (A)  with regard to a contribution that is
   3-27  designated in writing for a particular election, the election
    4-1  designated; or
    4-2                    (B)  with regard to a contribution that is not
    4-3  designated in writing for a particular election or that is
    4-4  designated as an officeholder contribution, the next election for
    4-5  that office occurring after the contribution is made.
    4-6              (3)  "Judicial district" means the territory from which
    4-7  a judicial candidate is elected.
    4-8              (4)  "Noncomplying candidate" means:
    4-9                    (A)  a judicial candidate who files a declaration
   4-10  of intent to exceed the limits on expenditures and the use of
   4-11  personal funds under Section 253.162(a)(2); or
   4-12                    (B)  a complying candidate who exceeds the limits
   4-13  on expenditures or the use of personal funds.
   4-14        Sec. 253.153.  CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
   4-15  PERIOD.  (a)  A person may not knowingly make or authorize a
   4-16  political contribution to a judicial candidate or officeholder, a
   4-17  specific-purpose committee for supporting or opposing a judicial
   4-18  candidate, or a specific-purpose committee for assisting a judicial
   4-19  officeholder except during the period:
   4-20              (1)  beginning on:
   4-21                    (A)  the 240th day before the date an application
   4-22  for a place on the ballot or for nomination by convention for the
   4-23  office is required to be filed, if the election is for a full term;
   4-24  or
   4-25                    (B)  the later of the 240th day before the date
   4-26  an application for a place on the ballot or for nomination by
   4-27  convention for the office is required to be filed or the date a
    5-1  vacancy in the office occurs, if the election is for an unexpired
    5-2  term; and
    5-3              (2)  ending on the 90th day after the date of:
    5-4                    (A)  the general election for state and county
    5-5  officers, if the officeholder or candidate has an opponent in the
    5-6  general election; or
    5-7                    (B)  except as provided by Subsection (c), the
    5-8  runoff primary election regardless of whether a runoff is held, if
    5-9  the officeholder or candidate does not have an opponent in the
   5-10  general election.
   5-11        (b)  A person may not knowingly accept a political
   5-12  contribution made or authorized in violation of Subsection (a).
   5-13        (c)  Notwithstanding Subsection (a)(2)(B), a person may make
   5-14  a political contribution to a judicial candidate or a
   5-15  specific-purpose committee for supporting or opposing a judicial
   5-16  candidate after another person files a declaration of write-in
   5-17  candidacy opposing the candidate.
   5-18        (d)  This section does not apply to a candidate for or holder
   5-19  of the office of chief justice or justice, supreme court, or
   5-20  presiding judge or judge, court of criminal appeals.
   5-21        (e)  A person who violates this section commits an offense.
   5-22  An offense under this section is a Class B misdemeanor.
   5-23        Sec. 253.154.  WRITE-IN CANDIDACY.  (a)  A person may not
   5-24  knowingly make or authorize a political contribution to a write-in
   5-25  candidate for judicial office or a specific-purpose committee for
   5-26  supporting or opposing a write-in candidate for judicial office
   5-27  before the candidate files a declaration of write-in candidacy.
    6-1        (b)  A person may not knowingly accept a political
    6-2  contribution made or authorized in violation of Subsection (a).
    6-3        (c)  This section does not apply to a candidate for the
    6-4  office of chief justice or justice, supreme court, or presiding
    6-5  judge or judge, court of criminal appeals.
    6-6        (d)  A person who violates this section commits an offense.
    6-7  An offense under this section is a Class B misdemeanor.
    6-8        Sec. 253.155.  CONTRIBUTION LIMITS.  (a)  Except as provided
    6-9  by Subsection (d) or Section 253.158, a person may not knowingly
   6-10  make or authorize political contributions to a judicial candidate
   6-11  that in the aggregate exceed the limits prescribed by Subsection
   6-12  (b) in connection with each election in which the candidate is
   6-13  involved.
   6-14        (b)  The contribution limits are:
   6-15              (1)  for the office of chief justice or justice,
   6-16  supreme court, or presiding judge or judge, court of criminal
   6-17  appeals, $5,000; or
   6-18              (2)  for any other judicial office:
   6-19                    (A)  $1,000, if the population of the judicial
   6-20  district is less than 150,000;
   6-21                    (B)  $2,500, if the population of the judicial
   6-22  district is 150,000 to 500,000; or
   6-23                    (C)  $5,000, if the population of the judicial
   6-24  district is more than 500,000.
   6-25        (c)  A candidate may not knowingly accept a political
   6-26  contribution made or authorized in violation of Subsection (a).
   6-27        (d)  This section does not apply to a political contribution
    7-1  made by the principal political committee of the state executive
    7-2  committee or a county executive committee of a political party.
    7-3        (e)  A person who violates this section commits an offense.
    7-4  An offense under this section is a Class B misdemeanor.
    7-5        Sec. 253.156.  CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
    7-6  CONTRIBUTION TO CANDIDATE.  For purposes of Section 253.155, a
    7-7  contribution to a specific-purpose committee for the purpose of
    7-8  supporting a judicial candidate, opposing the candidate's opponent,
    7-9  or assisting the candidate as an officeholder is considered to be a
   7-10  contribution to the candidate.
   7-11        Sec. 253.157.  LIMIT ON CONTRIBUTION BY MEMBER OR SPOUSE OF
   7-12  MEMBER OF LAW FIRM.  (a)  A judicial candidate may not accept a
   7-13  political contribution in excess of $50 from an individual if:
   7-14              (1)  the individual is a member or the spouse of a
   7-15  member of a law firm; and
   7-16              (2)  the contribution, when aggregated with all
   7-17  political contributions accepted by the candidate from other
   7-18  members or spouses of members of the law firm in connection with
   7-19  the election, would exceed five times the applicable contribution
   7-20  limit under Section 253.155.
   7-21        (b)  A candidate who receives a political contribution that
   7-22  violates Subsection (a) shall return the contribution to the
   7-23  contributor.
   7-24        (c)  In this section:
   7-25              (1)  "Law firm" means a partnership or professional
   7-26  corporation organized for the practice of law.
   7-27              (2)  "Member" means a partner, associate, shareholder,
    8-1  or employee.
    8-2        Sec. 253.158.  AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND
    8-3  DIRECT CAMPAIGN EXPENDITURES BY POLITICAL COMMITTEE.  (a)  A
    8-4  judicial candidate or officeholder or a specific-purpose committee
    8-5  for supporting or opposing a judicial candidate or assisting a
    8-6  judicial officeholder may not knowingly accept a political
    8-7  contribution from a political committee that, when aggregated with
    8-8  each other political contribution from a political committee in
    8-9  connection with an election, exceeds 10 times the applicable limit
   8-10  on contributions prescribed by Section 253.155.
   8-11        (b)  A candidate or officeholder who receives a political
   8-12  contribution that violates Subsection (a) shall return the
   8-13  contribution to the contributor.
   8-14        (c)  For purposes of this section, an expenditure by a
   8-15  political committee for the purpose of supporting a candidate, for
   8-16  opposing the candidate's opponent, or for assisting the candidate
   8-17  as an officeholder is considered to be a contribution to the
   8-18  candidate unless the campaign treasurer of the committee, in an
   8-19  affidavit filed with the commission, states that the committee has
   8-20  not directly or indirectly communicated with the candidate's
   8-21  campaign, including the candidate, an aide to the candidate, a
   8-22  campaign officer, or a campaign consultant, or another political
   8-23  committee in regard to a strategic matter, including polling data,
   8-24  advertising, or voter demographics, in connection with the
   8-25  candidate's campaign.
   8-26        (d)  A person who violates this section commits an offense.
   8-27  An offense under this section is a Class B misdemeanor.
    9-1        Sec. 253.159.  USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
    9-2  PROHIBITED.  (a)  Except as provided by Subsection (b), a judicial
    9-3  candidate or officeholder, a specific-purpose committee for
    9-4  supporting or opposing a judicial candidate, or a specific-purpose
    9-5  committee for assisting a judicial officeholder may not use a
    9-6  political contribution to make a campaign expenditure for judicial
    9-7  office or to make an officeholder expenditure in connection with a
    9-8  judicial office if the contribution was accepted while the
    9-9  candidate or officeholder:
   9-10              (1)  was a candidate for an office other than a
   9-11  judicial office; or
   9-12              (2)  held an office other than a judicial office,
   9-13  unless the person had become a candidate for judicial office.
   9-14        (b)  A political contribution the use of which is prohibited
   9-15  under Subsection (a) may be used in connection with a judicial
   9-16  office if the acceptance of that contribution would have complied
   9-17  with this subchapter if the contribution had been accepted under
   9-18  this subchapter.
   9-19        (c)  The commission shall adopt accounting rules relating to
   9-20  contributions used as permitted by Subsection (b).
   9-21        (d)  A person who violates this section commits an offense.
   9-22  An offense under this section is a Class B misdemeanor.
   9-23        Sec. 253.160.  LIMIT ON REIMBURSEMENT OF PERSONAL FUNDS.  (a)
   9-24  A judicial candidate or officeholder who makes political
   9-25  expenditures from the person's personal funds may not reimburse the
   9-26  personal funds from political contributions in amounts that in the
   9-27  aggregate exceed $10,000 for each election in which the person's
   10-1  name appears on the ballot.
   10-2        (b)  A person who is both a candidate and an officeholder may
   10-3  reimburse the person's personal funds only in one capacity.
   10-4        (c)  A person who violates this section commits an offense.
   10-5  An offense under this section is a Class B misdemeanor.
   10-6        Sec. 253.161.  NOTICE REQUIRED FOR CERTAIN POLITICAL
   10-7  EXPENDITURES.  (a)  A person other than a candidate, officeholder,
   10-8  or the state executive committee or a county executive committee of
   10-9  a political party may not make political expenditures that in the
  10-10  aggregate exceed the lesser of $5,000 or 2-1/2 percent of the
  10-11  applicable limit on expenditures prescribed by Section 253.166 for
  10-12  the purpose of supporting or opposing a judicial candidate or
  10-13  assisting a judicial candidate as an officeholder unless the person
  10-14  files with the commission a written declaration of the person's
  10-15  intent to make expenditures that exceed the limit prescribed by
  10-16  this subsection.
  10-17        (b)  A declaration under Subsection (a) must be filed not
  10-18  later than the earlier of:
  10-19              (1)  the date the person makes the political
  10-20  expenditure that causes the person to exceed the limit prescribed
  10-21  by Subsection (a); or
  10-22              (2)  the 90th day before the date of the election in
  10-23  connection with which the political expenditures are intended to be
  10-24  made.
  10-25        (c)  The commission shall file a declaration received under
  10-26  Subsection (a) with the records of each judicial candidate or
  10-27  officeholder on whose behalf the person filing the declaration
   11-1  intends to make political expenditures.  If the person intends to
   11-2  make only political expenditures opposing a judicial candidate, the
   11-3  commission shall file the declaration with the records of each
   11-4  candidate for the office.
   11-5        (d)  An expenditure made by a political committee that
   11-6  consists only of costs incurred in contacting the committee's
   11-7  membership may be made without the declaration required by
   11-8  Subsection (a).
   11-9        (e)  A person who makes a political expenditure in violation
  11-10  of Subsection (a) is liable in damages to the state in the amount
  11-11  of triple the amount by which the political expenditures exceed the
  11-12  limit prescribed by Subsection (a).
  11-13        (f)  On the request of the commission, the attorney general
  11-14  shall bring an action in a court of competent jurisdiction to
  11-15  recover damages under this section.  In an action under this
  11-16  subsection, the state is entitled to reasonable attorney's fees and
  11-17  costs of court.
  11-18        (g)  Damages recovered under this section shall be deposited
  11-19  to the credit of the judicial campaign fairness fund.
  11-20        Sec. 253.162.  VOLUNTARY COMPLIANCE.  (a)  When a person
  11-21  becomes a candidate for a judicial office, the person must file
  11-22  with the commission:
  11-23              (1)  a sworn declaration of compliance stating that the
  11-24  person voluntarily agrees to comply with the limits on expenditures
  11-25  and the use of personal funds prescribed by this subchapter; or
  11-26              (2)  a written declaration of the person's intent to
  11-27  make expenditures or use personal funds that exceed the limits
   12-1  prescribed by this subchapter.
   12-2        (b)  The limits on contributions prescribed by this
   12-3  subchapter apply to complying candidates unless suspended as
   12-4  provided by Section 253.163 or 253.168.  The limit on reimbursement
   12-5  of personal funds prescribed by this subchapter applies to
   12-6  complying and noncomplying candidates.  The limits on contributions
   12-7  prescribed by this subchapter apply to noncomplying candidates
   12-8  regardless of whether the limits on contributions, expenditures,
   12-9  and use of personal funds are suspended as to complying candidates.
  12-10        (c)  A judicial candidate may not knowingly accept a campaign
  12-11  contribution or make or authorize a campaign expenditure before the
  12-12  candidate files a declaration under Subsection (a).
  12-13        (d)  A person who violates Subsection (c) commits an offense.
  12-14  An offense under this subsection is a Class B misdemeanor.
  12-15        Sec. 253.163.  EFFECT OF NONCOMPLYING CANDIDATE.  (a)  A
  12-16  complying candidate or a specific-purpose committee for supporting
  12-17  a complying candidate is not required to comply with the limits on
  12-18  contributions, expenditures, and the use of personal funds
  12-19  prescribed by this subchapter if another person becomes a candidate
  12-20  for the same office and:
  12-21              (1)  files a declaration of intent to exceed the limits
  12-22  on expenditures and the use of personal funds under Section
  12-23  253.162(a)(2); or
  12-24              (2)  files a declaration of compliance under Section
  12-25  253.162(a)(1) but later exceeds the limits on expenditures and the
  12-26  use of personal funds.
  12-27        (b)  The executive director of the commission shall issue an
   13-1  order suspending the limits on contributions, expenditures, and the
   13-2  use of personal funds for a specific office not later than the 10th
   13-3  day after the date the executive director determines:
   13-4              (1)  a person has become a candidate for that office
   13-5  and has filed the declaration of intent to exceed the limits on
   13-6  expenditures and the use of personal funds under Section
   13-7  253.162(a)(2); or
   13-8              (2)  a complying candidate for that office has exceeded
   13-9  the limit on expenditures or the use of personal funds prescribed
  13-10  by this subchapter.
  13-11        Sec. 253.164.  BENEFIT TO COMPLYING CANDIDATE.  (a)  A
  13-12  complying candidate is entitled to state on political advertising
  13-13  as provided by Section 255.008 that the candidate complies with the
  13-14  Judicial Campaign Fairness Act, regardless of whether the limits on
  13-15  contributions, expenditures, and the use of personal funds are
  13-16  later suspended.
  13-17        (b)  A noncomplying candidate is not entitled to the benefit
  13-18  provided by this section.
  13-19        Sec. 253.165.  CERTIFICATION OF POPULATION; NOTICE OF
  13-20  EXPENDITURE LIMITS.  (a)  For purposes of this subchapter only, not
  13-21  later than July 15 of each odd-numbered year, the secretary of
  13-22  state shall deliver to the commission a written certification of
  13-23  the population of each judicial district the office of justice or
  13-24  judge of which may be filled at the succeeding general election for
  13-25  state and county officers.
  13-26        (b)  Based on the certification of population under
  13-27  Subsection (a), the commission shall deliver to each candidate for
   14-1  an office covered by this subchapter written notice of the
   14-2  expenditure limits applicable to the office the candidate seeks not
   14-3  later than the fifth day after the earlier of:
   14-4              (1)  the date the candidate files a campaign treasurer
   14-5  appointment; or
   14-6              (2)  the date the candidate files the report required
   14-7  to be filed under Chapter 254 on January 15 of the year in which
   14-8  the election occurs.
   14-9        Sec. 253.166.  EXPENDITURE LIMITS.  (a)  For each election in
  14-10  which the candidate is involved, a complying candidate may not
  14-11  knowingly make or authorize campaign expenditures that in the
  14-12  aggregate exceed:
  14-13              (1)  for the office of chief justice or justice,
  14-14  supreme court, or presiding judge or judge, court of criminal
  14-15  appeals, $2 million; or
  14-16              (2)  for an office other than an office covered by
  14-17  Subdivision (1):
  14-18                    (A)  if the population of the judicial district
  14-19  is less than 250,000, the greater of:
  14-20                          (i)  $50,000; or
  14-21                          (ii)  an amount equal to $0.75 multiplied
  14-22  by the population of the judicial district; or
  14-23                    (B)  if the population of the judicial district
  14-24  is 250,000 or more, the lesser of:
  14-25                          (i)  $500,000; or
  14-26                          (ii)  an amount equal to $187,500 plus
  14-27  $0.30 multiplied by the population of the judicial district in
   15-1  excess of 250,000.
   15-2        (b)  A complying candidate who violates this section commits
   15-3  an offense.  An offense under this section is a Class B
   15-4  misdemeanor.
   15-5        Sec. 253.167.  EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
   15-6  EXPENDITURE BY CANDIDATE.  For purposes of Sections 253.161 and
   15-7  253.166, an expenditure by a specific-purpose committee for the
   15-8  purpose of supporting a candidate, opposing the candidate's
   15-9  opponent, or assisting the candidate as an officeholder is
  15-10  considered to be an expenditure by the candidate unless:
  15-11              (1)  the candidate, in an affidavit filed with the
  15-12  commission, states that the candidate's campaign, including the
  15-13  candidate, an aide to the candidate, a campaign officer, or a
  15-14  campaign consultant of the candidate has not directly or indirectly
  15-15  communicated with the committee in regard to a strategic matter,
  15-16  including polling data, advertising, or voter demographics, in
  15-17  connection with the candidate's campaign; or
  15-18              (2)  the candidate does not receive notice of the
  15-19  expenditure as provided by Section 254.128.
  15-20        Sec. 253.168.  EFFECT OF CERTAIN POLITICAL EXPENDITURES.  (a)
  15-21  A complying candidate or a specific-purpose committee for
  15-22  supporting a complying candidate is not required to comply with the
  15-23  limits on contributions, expenditures, and the use of personal
  15-24  funds prescribed by this subchapter if a person other than the
  15-25  candidate's opponent or the state executive committee or a county
  15-26  executive committee of a political party makes political
  15-27  expenditures that in the aggregate exceed the lesser of $5,000 or
   16-1  2-1/2 percent of the applicable limit on expenditures prescribed by
   16-2  Section 253.166 for the purpose of supporting the candidate's
   16-3  opponent, opposing the candidate, or assisting the candidate's
   16-4  opponent as an officeholder.
   16-5        (b)  The executive director of the commission shall issue an
   16-6  order suspending the limits on contributions, expenditures, and the
   16-7  use of personal funds for a specific office not later than  the
   16-8  10th day after the date the executive director determines that:
   16-9              (1)  a declaration of intent to make expenditures that
  16-10  exceed the limit prescribed by Subsection (a) is filed in
  16-11  connection with the office as provided by Section 253.161; or
  16-12              (2)  a political expenditure that exceeds the limit
  16-13  prescribed by Subsection (a) has been made.
  16-14        (c)  An expenditure made by a political committee that
  16-15  consists only of costs incurred in contacting the committee's
  16-16  membership does not count towards the limit prescribed by
  16-17  Subsection (a).
  16-18        (d)  For purposes of this section, an expenditure that is
  16-19  made for the purpose of supporting or opposing two or more
  16-20  candidates is considered to have been made for the purpose of
  16-21  supporting or opposing each of those candidates.
  16-22        Sec. 253.169.  CONTRIBUTION FROM OR DIRECT CAMPAIGN
  16-23  EXPENDITURE BY POLITICAL PARTY.  (a)  Except as provided by
  16-24  Subsection (b), a political contribution to or a direct campaign
  16-25  expenditure on behalf of a complying candidate that is made by the
  16-26  principal political committee of the state executive committee or a
  16-27  county executive committee of a political party is considered to be
   17-1  a campaign expenditure by the candidate for purposes of the
   17-2  expenditure limits prescribed by Section 253.166.
   17-3        (b)  Subsection (a) does not apply to a campaign expenditure
   17-4  for a general get-out-the-vote campaign or a written list that:
   17-5              (1)  identifies the party's candidates by name and
   17-6  office sought, office held, or photograph;
   17-7              (2)  does not include any reference to the party's or a
   17-8  candidate's ideology, philosophy, or position on an issue; and
   17-9              (3)  is not used in connection with any broadcasting,
  17-10  cablecasting, newspaper, magazine, billboard, direct mail, or
  17-11  similar type of public communication.
  17-12        Sec. 253.170.  RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
  17-13  (a)  A noncomplying candidate or a specific-purpose committee for
  17-14  supporting a noncomplying candidate may not make a campaign
  17-15  expenditure that causes the person to exceed the applicable limit
  17-16  on expenditures prescribed by Section 253.166 before the later of:
  17-17              (1)  the date an application for a place on the ballot
  17-18  or for nomination by convention for the office is required to be
  17-19  filed; or
  17-20              (2)  the 90th day after the date the candidate files a
  17-21  declaration of intent to exceed the limits on expenditures and the
  17-22  use of personal funds under Section 253.162(a)(2).
  17-23        (b)  A person who violates this section is liable in damages
  17-24  to the state in the amount of triple the amount of the political
  17-25  expenditures made that are prohibited by Subsection (a).
  17-26        (c)  On the request of the commission, the attorney general
  17-27  shall bring an action in a court of competent jurisdiction to
   18-1  recover damages under this section.  In an action under this
   18-2  subsection, the state is entitled to reasonable attorney's fees and
   18-3  costs of court.
   18-4        (d)  Damages recovered under this section shall be deposited
   18-5  to the credit of the judicial campaign fairness fund.
   18-6        Sec. 253.171.  LIMIT ON USE OF PERSONAL FUNDS.  (a)  A
   18-7  complying candidate may not make political contributions or
   18-8  political expenditures in connection with the person's own
   18-9  candidacy that in the aggregate exceed $10,000 for each election in
  18-10  which the candidate is involved.
  18-11        (b)  A complying candidate may reimburse the person's
  18-12  personal funds only as provided by Section 253.160.
  18-13        (c)  A person who violates this section commits an offense.
  18-14  An offense under this section is a Class B misdemeanor.
  18-15        Sec. 253.172.  JUDICIAL CAMPAIGN FAIRNESS FUND.  (a)  The
  18-16  judicial campaign fairness fund is a special account in the general
  18-17  revenue fund.
  18-18        (b)  The judicial campaign fairness fund consists of:
  18-19              (1)  damages recovered under Sections 253.161 and
  18-20  253.170; and
  18-21              (2)  any gifts or grants received by the commission
  18-22  under Subsection (d).
  18-23        (c)  The judicial campaign fairness fund may be used only for
  18-24  voter education projects that relate to judicial campaigns.  To the
  18-25  extent practicable, the fund shall be permitted to accumulate until
  18-26  the balance is sufficient to permit the publication of a voter's
  18-27  guide that lists candidates for judicial office, their backgrounds,
   19-1  and similar information.  The commission shall implement this
   19-2  subsection.
   19-3        (d)  The commission may accept gifts and grants for the
   19-4  purposes described by Subsection (c).  Funds received under this
   19-5  subsection shall be deposited to the credit of the judicial
   19-6  campaign fairness fund.
   19-7        (e)  The judicial campaign fairness fund is exempt from
   19-8  Sections 403.094 and 403.095, Government Code.
   19-9        SECTION 3.  Section 254.031, Election Code, is amended by
  19-10  adding Subsection (c) to read as follows:
  19-11        (c)  A political contribution that is accepted but not
  19-12  received in a reporting period is not reported again in the
  19-13  reporting period when it is received.
  19-14        SECTION 4.  Subchapter B, Chapter 254, Election Code, is
  19-15  amended by adding Section 254.0401 to read as follows:
  19-16        Sec. 254.0401.  DUTY OF CLERK OF SUPREME COURT REGARDING
  19-17  REPORTS.  (a)  On receipt of a report filed under this chapter, the
  19-18  clerk of the supreme court shall compare the report to the court's
  19-19  docket of pending cases.  The clerk shall note on the report each
  19-20  political contribution made by:
  19-21              (1)  the attorney for a party to a case pending before
  19-22  the supreme court; or
  19-23              (2)  a member of a law firm that has as a member the
  19-24  attorney for a party to a case pending before the supreme court.
  19-25        (b)  In this section, "law firm" and "member" have the
  19-26  meanings assigned by Section 253.157.
  19-27        SECTION 5.  Subchapter C, Chapter 254, Election Code, is
   20-1  amended by adding Section 254.0611 to read as follows:
   20-2        Sec. 254.0611.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
   20-3  JUDICIAL CANDIDATES.  (a)  In addition to the contents required by
   20-4  Sections 254.031 and 254.061, each report by a candidate for a
   20-5  judicial office covered by Subchapter F, Chapter 253, must:
   20-6              (1)  include the total amount of political
   20-7  contributions, including interest or other income, maintained in
   20-8  one or more political funds accounts as of the last day of the
   20-9  reporting period;
  20-10              (2)  for each individual from whom the candidate has
  20-11  accepted political contributions that in the aggregate exceed $50
  20-12  and that are accepted during the reporting period, include:
  20-13                    (A)  the individual's principal occupation and
  20-14  job title; and
  20-15                    (B)  the full name and business address of:
  20-16                          (i)  the individual's employer, if any; or
  20-17                          (ii)  the law firm of which the individual
  20-18  is a member, if applicable;
  20-19              (3)  include a specific listing of each item of
  20-20  tangible property purchased with political contributions and on
  20-21  hand as of the last day of the reporting period;
  20-22              (4)  for each outstanding loan to the candidate as of
  20-23  the last day of the reporting period, include:
  20-24                    (A)  the full name and address of the person or
  20-25  financial institution making the loan; and
  20-26                    (B)  the full name and address of each guarantor
  20-27  of the loan other than the candidate;
   21-1              (5)  list political contributions accepted from
   21-2  general-purpose committees separately from political contributions
   21-3  accepted from persons other than general-purpose committees; and
   21-4              (6)  include the total amount of political
   21-5  contributions accepted from general-purpose committees during the
   21-6  reporting period.
   21-7        (b)  In this section, "law firm" and "member" have the
   21-8  meanings assigned by Section 253.157.
   21-9        SECTION 6.  The heading to Section 254.064, Election Code, is
  21-10  amended to read as follows:
  21-11        Sec. 254.064.  ADDITIONAL REPORTS OF CERTAIN CANDIDATES
  21-12  <OPPOSED CANDIDATE>.
  21-13        SECTION 7.  Section 254.064(a), Election Code, is amended to
  21-14  read as follows:
  21-15        (a)  In addition to other required reports, for each election
  21-16  in which a person is a candidate <and has an opponent whose name is
  21-17  to appear on the ballot>, the person shall file two reports if the
  21-18  person:
  21-19              (1)  has an opponent whose name is to appear on the
  21-20  ballot; or
  21-21              (2)  is a candidate for a judicial office covered by
  21-22  Subchapter F, Chapter 253.
  21-23        SECTION 8.  Subchapter D, Chapter 254, Election Code, is
  21-24  amended by adding Section 254.0911 to read as follows:
  21-25        Sec. 254.0911.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
  21-26  JUDICIAL OFFICEHOLDERS.  (a)  In addition to the contents required
  21-27  by Sections 254.031 and 254.091, each report by a holder of a
   22-1  judicial office covered by Subchapter F, Chapter 253, must:
   22-2              (1)  include the total amount of political
   22-3  contributions, including interest or other income, maintained in
   22-4  one or more political funds accounts as of the last day of the
   22-5  reporting period;
   22-6              (2)  for each individual from whom the officeholder has
   22-7  accepted political contributions that in the aggregate exceed $50
   22-8  and that are accepted during the reporting period, include:
   22-9                    (A)  the individual's principal occupation and
  22-10  job title; and
  22-11                    (B)  the full name and business address of:
  22-12                          (i)  the individual's employer, if any; or
  22-13                          (ii)  the law firm of which the individual
  22-14  is a member, if applicable;
  22-15              (3)  include a specific listing of each item of
  22-16  tangible property purchased with political contributions and on
  22-17  hand as of the last day of the reporting period;
  22-18              (4)  for each outstanding loan to the officeholder as
  22-19  of the last day of the reporting period, include:
  22-20                    (A)  the full name and address of the person or
  22-21  financial institution making the loan; and
  22-22                    (B)  the full name and address of each guarantor
  22-23  of the loan other than the officeholder;
  22-24              (5)  list political contributions accepted from
  22-25  general-purpose committees separately from political contributions
  22-26  accepted from persons other than general-purpose committees; and
  22-27              (6)  include the total amount of political
   23-1  contributions accepted from general-purpose committees during the
   23-2  reporting period.
   23-3        (b)  In this section, "law firm" and "member" have the
   23-4  meanings assigned by Section 253.157.
   23-5        SECTION 9.  Subchapter E, Chapter 254, Election Code, is
   23-6  amended by adding Section 254.1211 to read as follows:
   23-7        Sec. 254.1211.  ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
   23-8  COMMITTEES.  (a)  In addition to the contents required by Sections
   23-9  254.031 and 254.121, each report by a specific-purpose committee
  23-10  for supporting or opposing a candidate for or assisting a holder of
  23-11  a judicial office covered by Subchapter F, Chapter 253, must:
  23-12              (1)  include the total amount of political
  23-13  contributions, including interest or other income, maintained in
  23-14  one or more political funds accounts as of the last day of the
  23-15  reporting period;
  23-16              (2)  for each individual from whom the committee has
  23-17  accepted political contributions that in the aggregate exceed $50
  23-18  and that are accepted during the reporting period, include:
  23-19                    (A)  the individual's principal occupation and
  23-20  job title; and
  23-21                    (B)  the full name and business address of:
  23-22                          (i)  the individual's employer, if any; or
  23-23                          (ii)  the law firm of which the individual
  23-24  is a member, if applicable;
  23-25              (3)  include a specific listing of each item of
  23-26  tangible property purchased with political contributions and on
  23-27  hand as of the last day of the reporting period;
   24-1              (4)  for each outstanding loan to the committee as of
   24-2  the last day of the reporting period, include:
   24-3                    (A)  the full name and address of the person or
   24-4  financial institution making the loan; and
   24-5                    (B)  the full name and address of each guarantor
   24-6  of the loan;
   24-7              (5)  list political contributions accepted from
   24-8  general-purpose committees separately from political contributions
   24-9  accepted from persons other than general-purpose committees; and
  24-10              (6)  include the total amount of political
  24-11  contributions accepted from general-purpose committees during the
  24-12  reporting period.
  24-13        (b)  In this section, "law firm" and "member" have the
  24-14  meanings assigned by Section 253.157.
  24-15        SECTION 10.  Chapter 255, Election Code, is amended by adding
  24-16  Sections 255.008 and 255.009 to read as follows:
  24-17        Sec. 255.008.  DISCLOSURE ON POLITICAL ADVERTISING BY
  24-18  JUDICIAL CANDIDATE.  (a)  This section applies only to a candidate
  24-19  covered by Subchapter F, Chapter 253.
  24-20        (b)  Political advertising by a complying candidate   or a
  24-21  specific-purpose committee for supporting a complying candidate
  24-22  must include the following statement:  "Political advertising paid
  24-23  for by (name of candidate or committee) in compliance with the
  24-24  voluntary limits of the Judicial Campaign Fairness Act."
  24-25        (c)  Political advertising by a noncomplying candidate   or a
  24-26  specific-purpose committee for supporting a noncomplying candidate
  24-27  must include the following statement:  "Political advertising paid
   25-1  for by (name of candidate or committee), (who or which) has
   25-2  rejected the voluntary limits of the Judicial Campaign Fairness
   25-3  Act."
   25-4        (d)  The commission shall adopt rules providing for:
   25-5              (1)  the minimum type size of the disclosure required
   25-6  by this section in written political advertising; and
   25-7              (2)  the minimum duration of the disclosure required by
   25-8  this section in political advertising that is broadcast by
   25-9  television or radio.
  25-10        (e)  In this section, "complying candidate" and "noncomplying
  25-11  candidate" have the meanings assigned by Section 253.152.
  25-12        (f)  A person who violates this section or a rule adopted
  25-13  under this section commits an offense.  An offense under this
  25-14  section is a Class B misdemeanor.
  25-15        Sec. 255.009.  DISCLOSURE ON POLITICAL ADVERTISING BY CERTAIN
  25-16  GENERAL-PURPOSE COMMITTEES SUPPORTING OR OPPOSING A JUDICIAL
  25-17  CANDIDATE.  (a)  This section applies only to a general-purpose
  25-18  committee that makes political expenditures supporting or opposing
  25-19  a candidate covered by Subchapter F, Chapter 253, that in the
  25-20  aggregate exceed the lesser of $5,000 or 2-1/2 percent of the
  25-21  applicable limit on expenditures prescribed by Section 253.166 in
  25-22  connection with an election.
  25-23        (b)  Political advertising supporting or opposing a candidate
  25-24  covered by Subchapter F, Chapter 253, by a general-purpose
  25-25  committee covered by this section must include the following
  25-26  statement:  "Political advertising paid for by (name of committee),
  25-27  which has exceeded the voluntary limits of the Judicial Campaign
   26-1  Fairness Act."
   26-2        (c)  The commission shall adopt rules providing for:
   26-3              (1)  the minimum type size of the disclosure required
   26-4  by this section in written political advertising; and
   26-5              (2)  the minimum duration of the disclosure required by
   26-6  this section in political advertising that is broadcast by
   26-7  television or radio.
   26-8        (d)  A person who violates this section or a rule adopted
   26-9  under this section commits an offense.  An offense under this
  26-10  section is a Class A misdemeanor.
  26-11        SECTION 11.  Section 2(2), Chapter 421, Acts of the 63rd
  26-12  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
  26-13  Civil Statutes), is amended to read as follows:
  26-14              (2)  "Elected officer" means:
  26-15                    (A)  a member of the legislature;
  26-16                    (B)  an executive or judicial officer elected in
  26-17  a statewide election;
  26-18                    (C)  a judge of a court of <civil> appeals, a
  26-19  district court, a statutory county court <of domestic relations>,
  26-20  or a statutory probate <juvenile> court <created by special law>;
  26-21                    (D)  a member of the State Board of Education; or
  26-22                    (E)  a person appointed to fill a vacancy or
  26-23  newly created office who, if elected rather than appointed, would
  26-24  be an elected officer as defined in paragraph (A), (B), (C), or (D)
  26-25  of this subdivision.
  26-26        SECTION 12.  Chapter 421, Acts of the 63rd Legislature,
  26-27  Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
   27-1  Statutes), is amended by adding Section 5 to read as follows:
   27-2        Sec. 5.  ADDITIONAL REQUIREMENTS FOR JUDICIAL CANDIDATES AND
   27-3  OFFICERS.  (a)  In addition to the information required to be
   27-4  disclosed under Section 4 of this Act, a financial statement filed
   27-5  by an elected officer holding a judicial office or a candidate for
   27-6  a judicial office shall include, for the preceding calendar year
   27-7  except as provided by Subdivision (1) of this subsection, the
   27-8  following information with respect to the activity of the person
   27-9  and the activity of the person's spouse and dependent children over
  27-10  which the person had actual control for the preceding calendar
  27-11  year:
  27-12              (1)  for the seven-year period before the date the
  27-13  person is required to file the supplemental financial statement,
  27-14  the name of any business entity in which the person practiced law
  27-15  and the dates and duration of the person's relationship with each
  27-16  business entity under this subdivision;
  27-17              (2)  a description of the business of any business
  27-18  entity that is not a publicly held or traded corporation in which
  27-19  the person had a beneficial interest, and, if the interest was
  27-20  sold, the amount of the net gain or loss realized from the sale;
  27-21              (3)  a list of each source of income, identified by the
  27-22  name, occupation, if any, and address of the payor and by amount,
  27-23  for any income paid or given to the person that is in excess of
  27-24  $500 and that is in the form of interest, dividends, royalties, or
  27-25  rents;
  27-26              (4)  the amount owed under each personal note or lease
  27-27  agreement that existed at any time during the preceding year, and
   28-1  the name, occupation, if any, and address of any guarantor,
   28-2  creditor, or lessor;
   28-3              (5)  the name of each trust, and the trustee of each
   28-4  trust, from which the person received income as a beneficiary of
   28-5  the trust; and
   28-6              (6)  the value of all assets and liabilities of a
   28-7  business entity in which 50 percent or more of the outstanding
   28-8  ownership was held, acquired, or sold by the person, and the name,
   28-9  occupation, if any, and address of any person who purchased an
  28-10  asset or who assumed a liability of the business.
  28-11        (b)  This section controls to the extent that the information
  28-12  required to be disclosed under this section conflicts with that
  28-13  required by Section 4 of this Act.
  28-14        (c)  An elected officer holding a judicial office or a
  28-15  candidate for a judicial office shall file a copy of the person's
  28-16  financial statement with each authority with whom the person files
  28-17  a campaign treasurer appointment under Chapter 252, Election Code.
  28-18        (d)  An elected officer holding a judicial office or a
  28-19  candidate for a judicial office shall retain a file-stamped copy of
  28-20  each statement until the fourth anniversary of the date the
  28-21  statement is filed.
  28-22        SECTION 13.  Chapter 23, Government Code, is amended by
  28-23  adding Subchapter Z to read as follows:
  28-24                SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
  28-25        Sec. 23.901.  DISCLOSURE OF JUDICIAL APPOINTMENTS FOR FEE.
  28-26  (a)  Each month the clerk of a court with whom the judge of a trial
  28-27  court files a campaign treasurer appointment under Section 252.005,
   29-1  Election Code, shall prepare a list containing:
   29-2              (1)  the name of each person appointed by the judge of
   29-3  the court to a position for which a fee is paid from any source;
   29-4              (2)  the name of the judge making the appointment;
   29-5              (3)  the position to which the person was appointed;
   29-6  and
   29-7              (4)  the source and amount of the fee paid to the
   29-8  person.
   29-9        (b)  A judge who appoints a person to a position for which a
  29-10  fee may be paid shall provide written notice of the appointment to
  29-11  the clerk.  A person appointed by a judge shall provide written
  29-12  notice of the amount of the fee received to the clerk.
  29-13        (c)  In updating a list, a clerk may delete information
  29-14  relating to a specific appointment if the appointment has been
  29-15  terminated by the court before the payment of a fee.
  29-16        (d)  A clerk shall make a copy of a list available for public
  29-17  inspection in the clerk's office.  A clerk may charge a reasonable
  29-18  fee for reproducing a list for a person.
  29-19        (e)  A clerk shall retain a list until the fourth anniversary
  29-20  of the date it is made available for public inspection.
  29-21        (f)  A clerk is not required to include in a list information
  29-22  relating to a person appointed by a judge to a position in which
  29-23  the person is considered a county employee.
  29-24        SECTION 14.  (a)  Subchapter F, Chapter 253, Election Code,
  29-25  as added by this Act, is amended by adding Section 253.1521 to read
  29-26  as follows:
  29-27        Sec. 253.1521.  DEFINITION.  Notwithstanding Section 1.39(b),
   30-1  Chapter 304, Acts of the 72nd Legislature, Regular Session, 1991, a
   30-2  reference in this subchapter to the secretary of state means the
   30-3  secretary of state.
   30-4        (b)  This section takes effect only if H.B. No. 947, 73rd
   30-5  Legislature, Regular Session, 1993, and S.B. No. 451, 73rd
   30-6  Legislature, Regular Session, 1993, are not enacted or do not
   30-7  become law.  If H.B. No. 947, 73rd Legislature, Regular Session,
   30-8  1993, or S.B. No. 451, 73rd Legislature, Regular Session, 1993, is
   30-9  enacted and becomes law, this section has no effect.
  30-10        SECTION 15.  Sections 253.155-253.157, 253.161-253.169, and
  30-11  253.171, Election Code, as added by this Act, are not severable,
  30-12  and none would have been enacted without the others.  If any one of
  30-13  those provisions is held invalid, each of those provisions is
  30-14  invalid.
  30-15        SECTION 16.  (a)  Sections 1-12, 14, and 15 of this Act take
  30-16  effect January 1, 1994.
  30-17        (b)  Subchapter F, Chapter 253, Election Code, as added by
  30-18  this Act, applies only to a political contribution accepted or
  30-19  political expenditure made on or after January 1, 1994.  A
  30-20  political contribution accepted or political expenditure made
  30-21  before January 1, 1994, is governed by the law in effect on the
  30-22  date the contribution  was accepted or the expenditure was made.
  30-23        (c)  Sections 254.0611, 254.0911, and 254.1211, Election
  30-24  Code, as added by this Act, apply to account balances, assets, and
  30-25  debts existing as of January 1, 1994, and to the reporting of a
  30-26  political contribution accepted on or after January 1, 1994.  The
  30-27  reporting of a  political contribution accepted before January 1,
   31-1  1994, is governed by the law in effect on the date it was accepted.
   31-2        (d)  Section 13 of this Act takes effect September 1, 1993.
   31-3        SECTION 17.  The importance of this legislation and the
   31-4  crowded condition of the calendars in both houses create an
   31-5  emergency and an imperative public necessity that the
   31-6  constitutional rule requiring bills to be read on three several
   31-7  days in each house be suspended, and this rule is hereby suspended.