By: Ellis S.B. No. 309
A BILL TO BE ENTITLED
AN ACT
1-1 relating to limiting the time period in which political
1-2 contributions to candidates for judicial office may be made;
1-3 political reporting by judicial candidates and officeholders;
1-4 financial disclosure by judicial candidates and officeholders; and,
1-5 disclosure of appointments made by judicial officers.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 252.005, Election Code, is amended to
1-8 read as follows:
1-9 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED;
1-10 CANDIDATE. (a) An individual must file a campaign treasurer
1-11 appointment for the individual's own candidacy with:
1-12 (1) the commission, if the appointment is made for
1-13 candidacy for:
1-14 (A) a statewide office;
1-15 (B) a district office filled by voters of more
1-16 than one county, other than a judicial office;
1-17 (C) state senator;
1-18 (D) state representative; <or>
1-19 (E) the State Board of Education; or
1-20 (F) justice of the court of appeals, state
1-21 district judge, or judge of a statutory county 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
2-1 office other than one included in Subdivision (1);
2-2 (3) the clerk or secretary of the governing body of
2-3 the political subdivision or, if the political subdivision has no
2-4 clerk or secretary, with the governing body's presiding officer, if
2-5 the appointment is made for candidacy for an office of a political
2-6 subdivision other than a county;
2-7 (4) the county clerk if:
2-8 (A) the appointment is made for candidacy for an
2-9 office of a political subdivision other than a county;
2-10 (B) the governing body for the political
2-11 subdivision has not been formed; and
2-12 (C) no boundary of the political subdivision
2-13 crosses a boundary of the county; or
2-14 (5) the commission if:
2-15 (A) the appointment is made for candidacy for an
2-16 office of a political subdivision other than a county;
2-17 (B) the governing body for the political
2-18 subdivision has not been formed; and
2-19 (C) the political subdivision is situated in
2-20 more than one county.
2-21 (b) In addition to the authority specified in Subdivision
2-22 (1) of Subsection (a) of this section, a candidate for a state or
2-23 county judicial office shall file a copy of the candidate's
2-24 campaign treasurer appointment with:
2-25 (1) the clerk of the Supreme Court, if the candidacy
3-1 is for the office of Supreme Court justice;
3-2 (2) the clerk of the Court of Criminal Appeals, if the
3-3 candidacy is for the office of Court of Criminal Appeals judge;
3-4 (3) the clerk of the court of appeals, if the
3-5 candidacy is for the office of court of appeals justice;
3-6 (4) the district clerk, if the candidacy is for the
3-7 office of district judge; and
3-8 (5) the county clerk, if the candidacy is for the
3-9 office of judge of a statutory county court.
3-10 SECTION 2. Chapter 253, Election Code, is amended by adding
3-11 Section 253.043 to read as follows:
3-12 Sec. 253.043. LIMITATIONS ON TIME PERIOD FOR MAKING
3-13 POLITICAL CONTRIBUTIONS IN CONNECTION WITH JUDICIAL CAMPAIGNS.
3-14 (a) Except as provided by this section, a person may not knowingly
3-15 make or authorize a political contribution to a candidate for or
3-16 holder of a state or county judicial office, or to a
3-17 specific-purpose committee for supporting or opposing the candidate
3-18 or assisting the officeholder.
3-19 (b) A person may make or authorize political contributions
3-20 to the candidate, officeholder, or specific-purpose committee
3-21 during the period beginning on the 180th day before the date by
3-22 which the candidate or officeholder must file an application for a
3-23 place on the ballot and continuing through the 30th day after the
3-24 date of the general election for the judicial office sought by the
3-25 candidate or officeholder.
4-1 (c) In the event that the candidate or officeholder is
4-2 unopposed, the period prescribed by Subsection (b) of this sections
4-3 ends on the day after the date by which the candidate or
4-4 officeholder must file an application for a place on the ballot.
4-5 (d) A person may not knowingly solicit or accept political
4-6 contributions in violation of this section.
4-7 (e) A person who violates this section commits an offense.
4-8 An offense under this section is a Class A misdemeanor.
4-9 SECTION 3. Section 254.040, Election Code, is amended to
4-10 read as follows:
4-11 Sec. 254.040. PRESERVATION OF REPORTS. (a) Each report
4-12 filed under this chapter shall be preserved by the authority with
4-13 whom it is filed for at least two years after the date it is filed.
4-14 (b) A general-purpose committee that makes political
4-15 contributions to or expenditures on behalf of a candidate for
4-16 judicial office, or a candidate for or holder of a judicial office,
4-17 or a specific-purpose committee supporting or opposing a candidate
4-18 or holder of a judicial office must retain a file-stamped copy of
4-19 each report filed under this chapter for at least four years after
4-20 the date it is filed.
4-21 SECTION 4. Subchapter C, Chapter 254, Election Code, is
4-22 amended by adding Section 254.0611 to read as follows:
4-23 SECTION 254.0611. ADDITIONAL CONTENTS OF REPORTS BY JUDICIAL
4-24 CANDIDATES. In addition to the contents required by Sections
4-25 254.031 and 254.061, each report by a candidate for a state or
5-1 county judicial office must include:
5-2 (1) the total amount of funds maintained in one or
5-3 more campaign accounts as of the last day of the reporting period;
5-4 (2) the principal occupation, job title, business
5-5 address, and full name and business address of the employer, if
5-6 any, of each person from whom political contributions that in the
5-7 aggregate exceed $250 are accepted during the reporting period;
5-8 (3) a complete list of all campaign assets, including
5-9 unpaid pledges, identifying the pledgor, the pledgor's address, and
5-10 the amount of the unpaid pledge; and
5-11 (4) a complete list of all campaign indebtedness and
5-12 obligations, including the name and address of each creditor and
5-13 the name and address of all guarantors other than the candidate or
5-14 officeholder.
5-15 SECTION 5. Subchapter D, Chapter 254, Election Code, is
5-16 amended by adding Section 254.0911 to read as follows:
5-17 SECTION 254.0911. ADDITIONAL CONTENTS OF REPORTS BY JUDICIAL
5-18 OFFICEHOLDERS. In addition to the contents required by Sections
5-19 254.031 and 254.091, each report by a holder of a state or county
5-20 judicial office must include:
5-21 (1) the total amount of funds maintained in one or
5-22 more campaign accounts as of the last day of the reporting period;
5-23 (2) the principal occupation, job title, business
5-24 address, and full name and business address of the employer, if
5-25 any, of each person from whom political contributions that in the
6-1 aggregate exceed $250 are accepted during the reporting period;
6-2 (3) a complete list of all campaign assets, including
6-3 unpaid pledges, identifying the pledgor, the pledgor's address, and
6-4 the amount of the unpaid pledge; and
6-5 (4) a complete list of all campaign indebtedness and
6-6 obligations, including the name and address of each creditor and
6-7 the name and address of all guarantors other than the officeholder.
6-8 SECTION 6. Subdivision (2), Section 2, Chapter 421, Acts of
6-9 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
6-10 Vernon's Texas Civil Statutes), is amended to read as follows:
6-11 (2) "Elected officer" means:
6-12 (A) a member of the legislature;
6-13 (B) an executive or judicial officer elected in
6-14 a statewide election;
6-15 (C) a judge of the court of civil appeals, a
6-16 district court, a court of domestic relations, a statutory county
6-17 court, or a juvenile court created by special law;
6-18 (D) a member of the State Board of Education; or
6-19 (E) a person appointed to fill a vacancy or
6-20 newly created office who, if elected rather than appointed, would
6-21 be an elected officer as defined in paragraph (A), (B), (C), or (D)
6-22 of this subdivision.
6-23 SECTION 7. Chapter 421, Acts of the 63rd Legislature,
6-24 Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
6-25 Statutes), is amended by adding Section 5 to read as follows:
7-1 Section 5. ADDITIONAL REQUIREMENTS FOR JUDICIAL OFFICERS.
7-2 (a) In addition to the information required to be disclosed under
7-3 Section 4 of this Act, a financial statement filed by an elected
7-4 officer of a judicial office shall contain the following
7-5 information with respect to the activity of the officer and the
7-6 activity of the officer's spouse and dependent children over which
7-7 the officer had actual control for the reporting period:
7-8 (1) for the past seven years, the name of any
7-9 partnership, professional corporation, or other business entity
7-10 formed for the purpose of practicing law with which the officer has
7-11 been associated, and the date and duration of such association;
7-12 (2) the name and nature of the business of any sole
7-13 proprietorship, partnership, privately held corporation, joint
7-14 venture, or any other business entity, excluding a publicly held
7-15 corporation, in which the officer has a beneficial interest, the
7-16 name, occupation and address of any other person with an interest
7-17 in such business entity, and if sold the amount of net gain or loss
7-18 realized from such sale;
7-19 (3) the source, specifically identified by name,
7-20 address, and occupation, if any, of the payor, and amount of income
7-21 in excess of $500 per source from interest, dividends, royalties,
7-22 and rents;
7-23 (4) the amount owed under any personal note or lease
7-24 agreement that existed at any time during the reporting period, and
7-25 the name, address, and occupation of any guarantor, creditor, or
8-1 lessee;
8-2 (5) the name of any trust and of the trustee for any
8-3 trust from which the officer received income as a beneficiary of
8-4 the trust;
8-5 (6) the value of all assets and liabilities of any
8-6 corporation, partnership, or other business entity in which 50
8-7 percent or more of the outstanding ownership was held, acquired, or
8-8 sold by the officer, and the name, address, and occupation, if any,
8-9 of the person to whom an asset or liability of such business entity
8-10 was sold; and
8-11 (7) the name of any person, association, corporation,
8-12 or other entity that providing gifts, meals, transportation, or
8-13 lodging expenses on behalf of or to benefit the officer (except for
8-14 those conferred on account of kinship or a personal, professional,
8-15 or business relationship independent of the officer's official
8-16 status), the amount of such expenses, and the date and location of
8-17 such expenses.
8-18 (b) To the extent that the information required to be
8-19 disclosed under this section conflicts with that required by
8-20 Section 4 of this Act, this section shall control.
8-21 (c) If there is a change at any time during the current
8-22 calendar year in the information required to be disclosed by an
8-23 elected officer of a judicial office, the officer shall file an
8-24 amended statement with the commission reflecting the change not
8-25 later than 30 days after the change occurs.
9-1 (d) An elected officer of a judicial office shall file a
9-2 copy of the officer's financial statement and amendments with the
9-3 same authorities with which the officer files a campaign treasurer
9-4 appointment under Section 252.005, Election Code.
9-5 (e) An elected officer of a judicial office shall retain a
9-6 file-stamped copy of each statement or amendment for four years
9-7 following the date such statement or amendment is filed.
9-8 SECTION 8. Subchapter G, Chapter 51, Government Code, is
9-9 amended by adding Section 51.605 to read as follows:
9-10 Sec. 51.605. DISCLOSURE OF JUDICIAL APPOINTMENTS FOR FEES.
9-11 (a) Whenever the word "clerk" is used in this section, it shall
9-12 refer to the clerk of any court, the judge of which makes an
9-13 appointment for which compensation from any source is paid.
9-14 (b) Each month the clerk shall publish a list that contains:
9-15 (1) the name of each person appointed to serve by the
9-16 court and the capacity in which the person serves;
9-17 (2) the name of the judge who made the appointment;
9-18 and
9-19 (3) the amount of fees paid to the person.
9-20 (c) The list shall be updated each month to reflect any
9-21 changes. Information regarding a specific appointment may be
9-22 deleted from the list at the time the appointment is terminated by
9-23 the court.
9-24 (d) A copy of the list must be made available for public
9-25 inspection in the office of the clerk. The clerk may charge a
10-1 reasonable fee for recovering the cost of reproducing the list for
10-2 the public.
10-3 (e) Copies of each list shall be retained by the clerk for
10-4 four years after the list is initially published.
10-5 SECTION 9. (a) Sections 1, 3, 6, and 7 of this Act take
10-6 effect January 1, 1994.
10-7 (b) Section 2 of this Act takes effect January 1, 1994, and
10-8 applies only to a contribution offered, made, solicited, received,
10-9 or accepted on or after that date. A contribution received before
10-10 the effective date is governed by the law in effect on the date
10-11 that it was received.
10-12 (c) Sections 4 and 5 of this Act take effect January 1,
10-13 1994, and apply to fund balances, assets, and debts existing as of
10-14 that date, and to a contribution offered, made, received, or
10-15 accepted on or after that date. A contribution received before the
10-16 effective date is governed by the law in effect on the date that it
10-17 was received.
10-18 (d) Section 8 of this Act takes effect September 1, 1993.
10-19 SECTION 10. The importance of this legislation and the
10-20 crowded condition of the calendars in both houses create an
10-21 emergency and an imperative public necessity that the
10-22 constitutional rule requiring bills to be read on three several
10-23 days in each house be suspended, and this rule is hereby suspended.