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.