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.