1-1  By:  Ellis                                             S.B. No. 309
    1-2        (In the Senate - Filed February 10, 1993; February 10, 1993,
    1-3  read first time and referred to Subcommittee on Elections and
    1-4  Ethics; April 22, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 5, Nays 0;
    1-6  April 22, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Carriker           x                               
   1-10        Harris of Dallas   x                               
   1-11        Ellis              x                               
   1-12        Henderson                                     x    
   1-13        Luna               x                               
   1-14        Parker                                        x    
   1-15        Wentworth          x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 309                    By:  Ellis
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the regulation of political contributions, political
   1-20  expenditures, and political advertising in connection with certain
   1-21  judicial candidates and officeholders, to personal financial
   1-22  statements filed by certain judicial officeholders, and to certain
   1-23  appointments made by trial judges; providing civil and criminal
   1-24  penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 252.005, Election Code, is amended to
   1-27  read as follows:
   1-28        Sec. 252.005.  Authority with Whom Appointment Filed:
   1-29  Candidate.  (a)  An individual must file a campaign treasurer
   1-30  appointment for the individual's own candidacy with:
   1-31              (1)  the commission <secretary of state>, if the
   1-32  appointment is made for candidacy for:
   1-33                    (A)  a statewide office;
   1-34                    (B)  a district office filled by voters of more
   1-35  than one county;
   1-36                    (C)  state senator;
   1-37                    (D)  state representative; or
   1-38                    (E)  the State Board of Education;
   1-39              (2)  the county clerk, if the appointment is made for
   1-40  candidacy for a county office, a precinct office, or a district
   1-41  office other than one included in Subdivision (1);
   1-42              (3)  the clerk or secretary of the governing body of
   1-43  the political subdivision or, if the political subdivision has no
   1-44  clerk or secretary, with the governing body's presiding officer, if
   1-45  the appointment is made for candidacy for an office of a political
   1-46  subdivision other than a county;
   1-47              (4)  the county clerk if:
   1-48                    (A)  the appointment is made for candidacy for an
   1-49  office of a political subdivision other than a county;
   1-50                    (B)  the governing body for the political
   1-51  subdivision has not been formed; and
   1-52                    (C)  no boundary of the political subdivision
   1-53  crosses a boundary of the county; <or>
   1-54              (5)  the commission <secretary of state> if:
   1-55                    (A)  the appointment is made for candidacy for an
   1-56  office of a political subdivision other than a county;
   1-57                    (B)  the governing body for the political
   1-58  subdivision has not been formed; and
   1-59                    (C)  the political subdivision is situated in
   1-60  more than one county; or
   1-61              (6)  both the commission and the county clerk, if the
   1-62  appointment is made for candidacy for judge of a district court,
   1-63  statutory county court, or statutory probate court.
   1-64        (b)  A candidate for a judicial office must file a copy of
   1-65  the appointment with:
   1-66              (1)  the clerk of the supreme court, if the appointment
   1-67  is made for candidacy for chief justice or justice, supreme court;
   1-68              (2)  the clerk of the court of criminal appeals, if the
    2-1  appointment is made for candidacy for presiding judge or judge,
    2-2  court of criminal appeals;
    2-3              (3)  the clerk of the appropriate court of appeals, if
    2-4  the appointment is made for candidacy for chief justice or justice,
    2-5  court of appeals; or
    2-6              (4)  the clerk of the appropriate district court, if
    2-7  the appointment is made for candidacy for district judge.
    2-8        SECTION 2.  Chapter 253, Election Code, is amended by adding
    2-9  Subchapter F to read as follows:
   2-10             SUBCHAPTER F.  JUDICIAL CAMPAIGN FAIRNESS ACT
   2-11        Sec. 253.151.  APPLICABILITY.  This subchapter applies only
   2-12  to a candidate for or holder of the office of:
   2-13              (1)  chief justice or justice, supreme court;
   2-14              (2)  presiding judge or judge, court of criminal
   2-15  appeals;
   2-16              (3)  chief justice or justice, court of appeals;
   2-17              (4)  district judge;
   2-18              (5)  judge, statutory county court; or
   2-19              (6)  judge, statutory probate court.
   2-20        Sec. 253.152.  DEFINITIONS.  In this subchapter:
   2-21              (1)  "Complying candidate" or "complying officeholder"
   2-22  means a judicial candidate who files a declaration of compliance
   2-23  under Section 253.162(a)(1).
   2-24              (2)  "In connection with an election" means:
   2-25                    (A)  with regard to a contribution that is
   2-26  designated in writing for a particular election, the election
   2-27  designated; or
   2-28                    (B)  with regard to a contribution that is not
   2-29  designated in writing for a particular election or that is
   2-30  designated as an officeholder contribution, the next election for
   2-31  that office occurring after the contribution is made.
   2-32              (3)  "Judicial district" means the territory from which
   2-33  a judicial candidate is elected.
   2-34              (4)  "Noncomplying candidate" means a judicial
   2-35  candidate who files a declaration of intent to exceed the limits on
   2-36  expenditures and the use of personal funds under Section
   2-37  253.162(a)(2).
   2-38        Sec. 253.153.  CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
   2-39  PERIOD.  (a)  A person may not knowingly make or authorize a
   2-40  political contribution to a judicial candidate or officeholder, a
   2-41  specific-purpose committee for supporting or opposing a judicial
   2-42  candidate, or a specific-purpose committee for assisting a judicial
   2-43  officeholder except during the period:
   2-44              (1)  beginning on:
   2-45                    (A)  the 180th day before the date an application
   2-46  for a place on the ballot or for nomination by convention for the
   2-47  office is required to be filed, if the election is for a full term;
   2-48  or
   2-49                    (B)  the later of the 180th day before the date
   2-50  an application for a place on the ballot or for nomination by
   2-51  convention for the office is required to be filed or the date a
   2-52  vacancy in the office occurs, if the election is for an unexpired
   2-53  term; and
   2-54              (2)  ending on the 45th day after the date of:
   2-55                    (A)  the general election for state and county
   2-56  officers, if the officeholder or candidate has an opponent in the
   2-57  general election; or
   2-58                    (B)  except as provided by Subsection (c), the
   2-59  runoff primary election regardless of whether a runoff is held, if
   2-60  the officeholder or candidate does not have an opponent in the
   2-61  general election.
   2-62        (b)  A person may not knowingly accept a political
   2-63  contribution made or authorized in violation of Subsection (a).
   2-64        (c)  Notwithstanding Subsection (a)(2)(B), a person may make
   2-65  a political contribution to a judicial candidate or a
   2-66  specific-purpose committee for supporting or opposing a judicial
   2-67  candidate after another person files a declaration of write-in
   2-68  candidacy opposing the candidate.
   2-69        (d)  This section does not apply to a candidate for or holder
   2-70  of the office of chief justice or justice, supreme court, or
    3-1  presiding judge or judge, court of criminal appeals.
    3-2        (e)  A person who violates this section commits an offense.
    3-3  An offense under this section is a Class A misdemeanor.
    3-4        Sec. 253.154.  WRITE-IN CANDIDACY.  (a)  A person may not
    3-5  knowingly make or authorize a political contribution to a write-in
    3-6  candidate for judicial office or a specific-purpose committee for
    3-7  supporting or opposing a write-in candidate for judicial office
    3-8  before the candidate files a declaration of write-in candidacy.
    3-9        (b)  A person may not knowingly accept a political
   3-10  contribution made or authorized in violation of Subsection (a).
   3-11        (c)  This section does not apply to a candidate for the
   3-12  office of chief justice or justice, supreme court, or presiding
   3-13  judge or judge, court of criminal appeals.
   3-14        (d)  A person who violates this section commits an offense.
   3-15  An offense under this section is a Class A misdemeanor.
   3-16        Sec. 253.155.  CONTRIBUTION LIMITS.  (a)  Except as provided
   3-17  by Subsection (d), a person may not knowingly make or authorize
   3-18  political contributions to a judicial candidate that in the
   3-19  aggregate exceed the limits prescribed by Subsection (b) in
   3-20  connection with each election in which the candidate is involved.
   3-21        (b)  The contribution limits are:
   3-22              (1)  for the office of chief justice or justice,
   3-23  supreme court, or presiding judge or judge, court of criminal
   3-24  appeals, $5,000; or
   3-25              (2)  for any other judicial office:
   3-26                    (A)  $1,000, if the population of the judicial
   3-27  district is less than 150,000;
   3-28                    (B)  $2,500, if the population of the judicial
   3-29  district is 150,000 to 500,000; or
   3-30                    (C)  $5,000, if the population of the judicial
   3-31  district is more than 500,000.
   3-32        (c)  A candidate may not knowingly accept a political
   3-33  contribution made or authorized in violation of Subsection (a).
   3-34        (d)  This section does not apply to a political contribution
   3-35  made by the state executive committee or a county executive
   3-36  committee of a political party.
   3-37        (e)  A person who violates this section commits an offense.
   3-38  An offense under this section is a Class A misdemeanor.
   3-39        Sec. 253.156.  CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
   3-40  CONTRIBUTION TO CANDIDATE.  For purposes of Section 253.155, a
   3-41  contribution to a specific-purpose committee for the purpose of
   3-42  supporting a judicial candidate, opposing the candidate's opponent,
   3-43  or assisting the candidate as an officeholder is considered to be a
   3-44  contribution to the candidate.
   3-45        Sec. 253.157.  LIMIT ON CONTRIBUTION BY MEMBER OF LAW FIRM.
   3-46  (a)  A judicial candidate may not accept a political contribution
   3-47  in excess of $50 from an individual if:
   3-48              (1)  the individual is a member of a law firm; and
   3-49              (2)  the contribution, when aggregated with all
   3-50  political contributions accepted by the candidate from other
   3-51  members of the individual's law firm in connection with the
   3-52  election, would exceed five times the applicable contribution limit
   3-53  under Section 253.155.
   3-54        (b)  A candidate who accepts a political contribution that
   3-55  violates Subsection (a) shall return the contribution to the
   3-56  contributor.
   3-57        (c)  In this section:
   3-58              (1)  "Law firm" means a partnership or professional
   3-59  corporation organized for the practice of law.
   3-60              (2)  "Member" means a partner, associate, shareholder,
   3-61  or employee.
   3-62        Sec. 253.158.  CONTRIBUTION FROM OR DIRECT CAMPAIGN
   3-63  EXPENDITURE BY GENERAL-PURPOSE COMMITTEE PROHIBITED.  (a)  A
   3-64  general-purpose committee may not knowingly make or authorize a
   3-65  political contribution to a judicial candidate or officeholder, a
   3-66  specific-purpose committee for supporting or opposing a judicial
   3-67  candidate, or a specific-purpose committee for assisting a judicial
   3-68  officeholder.
   3-69        (b)  A person may not knowingly accept a political
   3-70  contribution made or authorized in violation of Subsection (a).
    4-1        (c)  For purposes of this section, an expenditure by a
    4-2  general-purpose committee for the purpose of supporting a
    4-3  candidate, for opposing the candidate's opponent, or for assisting
    4-4  the candidate as an officeholder is considered to be a contribution
    4-5  to the candidate unless the campaign treasurer of the
    4-6  general-purpose committee, in an affidavit filed with the
    4-7  commission, states that the committee has not directly or
    4-8  indirectly communicated with the candidate's campaign, including
    4-9  the candidate, an aide to the candidate, a campaign officer, or a
   4-10  campaign consultant, or another political committee in regard to a
   4-11  strategic matter, including polling data, advertising, or voter
   4-12  demographics, in connection with the candidate's campaign.
   4-13        (d)  This section does not apply to the state executive
   4-14  committee or a county executive committee of a political party.
   4-15        (e)  A person who violates this section commits an offense.
   4-16  An offense under this section is a Class A misdemeanor.
   4-17        Sec. 253.159.  USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
   4-18  PROHIBITED.  (a)  Except as provided by Subsection (b), a judicial
   4-19  candidate or officeholder, a specific-purpose committee for
   4-20  supporting or opposing a judicial candidate, or a specific-purpose
   4-21  committee for assisting a judicial officeholder may not use a
   4-22  political contribution to make a campaign expenditure for judicial
   4-23  office or to make an officeholder expenditure in connection with a
   4-24  judicial office if the contribution was accepted while the
   4-25  candidate or officeholder:
   4-26              (1)  was a candidate for an office other than a
   4-27  judicial office; or
   4-28              (2)  held an office other than a judicial office,
   4-29  unless the person had become a candidate for judicial office.
   4-30        (b)  A political contribution the use of which is prohibited
   4-31  under Subsection (a) may be used in connection with the office of
   4-32  chief justice or justice, supreme court, presiding judge or judge,
   4-33  court of criminal appeals, or chief justice or justice, court of
   4-34  appeals, if the acceptance of that contribution would have complied
   4-35  with this subchapter if the contribution had been accepted under
   4-36  this subchapter.
   4-37        (c)  A person who violates this section commits an offense.
   4-38  An offense under this section is a Class A misdemeanor.
   4-39        Sec. 253.160.  LIMIT ON REIMBURSEMENT OF PERSONAL FUNDS.
   4-40  (a)  A judicial candidate or officeholder who makes political
   4-41  expenditures from the person's personal funds may not reimburse the
   4-42  personal funds from political contributions in amounts that in the
   4-43  aggregate exceed $5,000 for each election in which the person's
   4-44  name appears on the ballot.
   4-45        (b)  A person who is both a candidate and an officeholder may
   4-46  reimburse the person's personal funds only in one capacity.
   4-47        (c)  A person who violates this section commits an offense.
   4-48  An offense under this section is a Class A misdemeanor.
   4-49        Sec. 253.161.  NOTICE REQUIRED FOR CERTAIN POLITICAL
   4-50  EXPENDITURES.  (a)  A person other than a candidate, officeholder,
   4-51  or the state executive committee or a county executive committee of
   4-52  a political party may not make political expenditures that in the
   4-53  aggregate exceed the lesser of $5,000 or five percent of the
   4-54  applicable limit on expenditures prescribed by Section 253.166 for
   4-55  the purpose of supporting or opposing a judicial candidate or
   4-56  assisting a judicial candidate as an officeholder unless the person
   4-57  files with the commission a written declaration of the person's
   4-58  intent to make expenditures that exceed the limit prescribed by
   4-59  this subsection.
   4-60        (b)  A declaration under Subsection (a) must be filed not
   4-61  later than the earlier of:
   4-62              (1)  the date the person makes the political
   4-63  expenditure that causes the person to exceed the limit prescribed
   4-64  by Subsection (a); or
   4-65              (2)  the 90th day before the date of the election in
   4-66  connection with which the political expenditures are intended to be
   4-67  made.
   4-68        (c)  The commission shall file a declaration received under
   4-69  Subsection (a) with the records of each judicial candidate or
   4-70  officeholder on whose behalf the person filing the declaration
    5-1  intends to make political expenditures.  If the person intends to
    5-2  make only political expenditures opposing a judicial candidate, the
    5-3  commission shall file the declaration with the records of each
    5-4  candidate for the office.
    5-5        (d)  An expenditure made by a political committee that
    5-6  consists only of costs incurred in contacting the committee's
    5-7  membership may be made without the declaration required by
    5-8  Subsection (a).
    5-9        (e)  A person who makes a political expenditure in violation
   5-10  of Subsection (a) is liable in damages to the state in the amount
   5-11  of triple the amount by which the political expenditures exceed the
   5-12  limit prescribed by Subsection (a).
   5-13        (f)  On the request of the commission, the attorney general
   5-14  shall bring an action in a court of competent jurisdiction to
   5-15  recover damages under this section.  In an action under this
   5-16  subsection, the state is entitled to reasonable attorney fees and
   5-17  costs of court.
   5-18        (g)  Damages recovered under this section shall be deposited
   5-19  to the credit of the judicial campaign fairness fund.
   5-20        Sec. 253.162.  VOLUNTARY COMPLIANCE.  (a)  When a person
   5-21  becomes a candidate for a judicial office, the person must file
   5-22  with the commission:
   5-23              (1)  a sworn declaration of compliance stating that the
   5-24  person voluntarily agrees to comply with the limits on expenditures
   5-25  and the use of personal funds prescribed by this subchapter; or
   5-26              (2)  a written declaration of the person's intent to
   5-27  make expenditures or use personal funds that exceed the limits
   5-28  prescribed by this subchapter.
   5-29        (b)  The limits on contributions prescribed by this
   5-30  subchapter apply to complying candidates unless suspended as
   5-31  provided by Section 253.163 or 253.168.  The limit on reimbursement
   5-32  of personal funds prescribed by this subchapter applies to
   5-33  complying and noncomplying candidates.  The limits on contributions
   5-34  prescribed by this subchapter apply to noncomplying candidates
   5-35  regardless of whether the limits on contributions, expenditures,
   5-36  and use of personal funds are suspended as to complying candidates.
   5-37        (c)  A judicial candidate may not knowingly accept a campaign
   5-38  contribution or make or authorize a campaign expenditure before the
   5-39  candidate files a declaration under Subsection (a).
   5-40        (d)  A person who violates Subsection (c) commits an offense.
   5-41  An offense under this subsection is a Class A misdemeanor.
   5-42        Sec. 253.163.  EFFECT OF NONCOMPLYING CANDIDATE.  (a)  A
   5-43  complying candidate or a specific-purpose committee for supporting
   5-44  or opposing a complying candidate is not required to comply with
   5-45  the limits on contributions, expenditures, and the use of personal
   5-46  funds prescribed by this subchapter if another person becomes a
   5-47  candidate for the same office and:
   5-48              (1)  files a declaration of intent to exceed the limits
   5-49  on expenditures and the use of personal funds under Section
   5-50  253.162(a)(2); or
   5-51              (2)  files a declaration of compliance under Section
   5-52  253.162(a)(1) but later exceeds the limits on expenditures and the
   5-53  use of personal funds.
   5-54        (b)  The executive director of the commission shall issue an
   5-55  order suspending the limits on contributions, expenditures, and the
   5-56  use of personal funds for a specific office not later than the 10th
   5-57  day after the date the executive director determines:
   5-58              (1)  a person has become a candidate for that office
   5-59  and has filed the declaration of intent to exceed the limits on
   5-60  expenditures and the use of personal funds under Section
   5-61  253.162(a)(2); or
   5-62              (2)  a complying candidate for that office has exceeded
   5-63  the limit on expenditures or the use of personal funds prescribed
   5-64  by this subchapter.
   5-65        Sec. 253.164.  BENEFIT TO COMPLYING CANDIDATE.  (a)  A
   5-66  complying candidate is entitled to state on political advertising
   5-67  as provided by Section 255.008 that the candidate complies with the
   5-68  Judicial Campaign Fairness Act, regardless of whether the limits on
   5-69  contributions, expenditures, and the use of personal funds are
   5-70  later suspended.
    6-1        (b)  A noncomplying candidate is not entitled to the benefit
    6-2  provided by this section.
    6-3        Sec. 253.165.  CERTIFICATION OF POPULATION; NOTICE OF
    6-4  EXPENDITURE LIMITS.  (a)  For purposes of this subchapter only, not
    6-5  later than July 15 of each odd-numbered year, the secretary of
    6-6  state shall deliver to the commission a written certification of
    6-7  the population of each judicial district the office of justice or
    6-8  judge of which will be filled at the succeeding general election
    6-9  for state and county officers.
   6-10        (b)  Based on the certification of population under
   6-11  Subsection (a), the commission shall deliver to each candidate for
   6-12  an office covered by this subchapter written notice of the
   6-13  expenditure limits applicable to the office the candidate seeks not
   6-14  later than the fifth day after the earlier of:
   6-15              (1)  the date the candidate files a campaign treasurer
   6-16  appointment; or
   6-17              (2)  the date the candidate files the report required
   6-18  to be filed under Chapter 254 on January 15 of the year in which
   6-19  the election occurs.
   6-20        Sec. 253.166.  EXPENDITURE LIMITS.  (a)  For each election in
   6-21  which the candidate is involved, a complying candidate may not
   6-22  knowingly make or authorize political expenditures that in the
   6-23  aggregate exceed:
   6-24              (1)  for the office of chief justice or justice,
   6-25  supreme court, or presiding judge or judge, court of criminal
   6-26  appeals, $2 million; or
   6-27              (2)  for an office other than an office covered by
   6-28  Subdivision (1):
   6-29                    (A)  if the population of the judicial district
   6-30  is less than 250,000, the greater of:
   6-31                          (i)  $50,000; or
   6-32                          (ii)  an amount equal to $0.60 multiplied
   6-33  by the population of the judicial district; or
   6-34                    (B)  if the population of the judicial district
   6-35  is 250,000 or more, the lesser of:
   6-36                          (i)  $500,000; or
   6-37                          (ii)  an amount equal to $150,000 plus
   6-38  $0.30 multiplied by the population of the judicial district in
   6-39  excess of 250,000.
   6-40        (b)  A complying candidate who violates this section commits
   6-41  an offense.  An offense under this section is a Class A
   6-42  misdemeanor.
   6-43        Sec. 253.167.  EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
   6-44  EXPENDITURE BY CANDIDATE.  For purposes of Section 253.166, an
   6-45  expenditure by a specific-purpose committee for the purpose of
   6-46  supporting a candidate, opposing the candidate's opponent, or
   6-47  assisting the candidate as an officeholder is considered to be an
   6-48  expenditure by the candidate unless the candidate, in an affidavit
   6-49  filed with the commission, states that the candidate's campaign,
   6-50  including the candidate, an aide to the candidate, a campaign
   6-51  officer, or a campaign consultant of the candidate has not directly
   6-52  or indirectly communicated with the committee in regard to a
   6-53  strategic matter, including polling data, advertising, or voter
   6-54  demographics, in connection with the candidate's campaign.
   6-55        Sec. 253.168.  EFFECT OF CERTAIN POLITICAL EXPENDITURES.
   6-56  (a)  A complying candidate or a specific-purpose committee for
   6-57  supporting a complying candidate is not required to comply with the
   6-58  limits on contributions, expenditures, and the use of personal
   6-59  funds prescribed by this subchapter if a person other than the
   6-60  candidate's opponent or the state executive committee or a county
   6-61  executive committee of a political party makes political
   6-62  expenditures that in the aggregate exceed the lesser of $5,000 or
   6-63  five percent of the applicable limit on expenditures prescribed by
   6-64  Section 253.166 for the purpose of supporting the candidate's
   6-65  opponent, opposing the candidate, or assisting the candidate's
   6-66  opponent as an officeholder.
   6-67        (b)  The executive director of the commission shall issue an
   6-68  order suspending the limits on contributions, expenditures, and the
   6-69  use of personal funds for a specific office not later than  the
   6-70  10th day after the date the executive director determines that:
    7-1              (1)  a declaration of intent to make expenditures that
    7-2  exceed the limit prescribed by Subsection (a) is filed in
    7-3  connection with the office as provided by Section 253.161; or
    7-4              (2)  a political expenditure that exceeds the limit
    7-5  prescribed by Subsection (a) has been made.
    7-6        (c)  An expenditure made by a political committee that
    7-7  consists only of costs incurred in contacting the committee's
    7-8  membership does not count towards the limit prescribed by
    7-9  Subsection (a).
   7-10        Sec. 253.169.  CONTRIBUTION FROM OR DIRECT CAMPAIGN
   7-11  EXPENDITURE BY POLITICAL PARTY.  (a)  Except as provided by
   7-12  Subsection (b), a political contribution to or a direct campaign
   7-13  expenditure on behalf of a complying candidate that is made by the
   7-14  state executive committee or a county executive committee of a
   7-15  political party is considered to be a political expenditure by the
   7-16  candidate for purposes of the expenditure limits prescribed by
   7-17  Section 253.166.
   7-18        (b)  Subsection (a) does not apply to a political expenditure
   7-19  for:
   7-20              (1)  a general get-out-the-vote campaign; or
   7-21              (2)  a written list that:
   7-22                    (A)  identifies the party's candidates by name
   7-23  and office sought, office held, or photograph;
   7-24                    (B)  does not include any reference to the
   7-25  party's or a candidate's ideology, philosophy, or position on an
   7-26  issue; and
   7-27                    (C)  is not used in connection with any
   7-28  broadcasting, newspaper, magazine, billboard, or similar type of
   7-29  public communication.
   7-30        Sec. 253.170.  RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
   7-31  (a)  A noncomplying candidate or a specific-purpose committee for
   7-32  supporting a noncomplying candidate may not make a political
   7-33  expenditure that causes the person to exceed the applicable limit
   7-34  on expenditures prescribed by Section 253.166 before the 90th day
   7-35  after the date the candidate files a declaration of intent to
   7-36  exceed the limits on expenditures and the use of personal funds
   7-37  under Section 253.162(a)(2).
   7-38        (b)  A person who violates this section is liable in damages
   7-39  to the state in the amount of triple the amount of the political
   7-40  expenditures made that are prohibited by Subsection (a).
   7-41        (c)  On the request of the commission, the attorney general
   7-42  shall bring an action in a court of competent jurisdiction to
   7-43  recover damages under this section.  In an action under this
   7-44  subsection, the state is entitled to reasonable attorney fees and
   7-45  costs of court.
   7-46        (d)  Damages recovered under this section shall be deposited
   7-47  to the credit of the judicial campaign fairness fund.
   7-48        Sec. 253.171.  LIMIT ON USE OF PERSONAL FUNDS.  (a)  A
   7-49  complying candidate may not make political contributions or
   7-50  political expenditures in connection with the person's own
   7-51  candidacy that in the aggregate exceed $5,000.
   7-52        (b)  A complying candidate may reimburse the person's
   7-53  personal funds only as provided by Section 253.160.
   7-54        (c)  A person who violates this section commits an offense.
   7-55  An offense under this section is a Class A misdemeanor.
   7-56        Sec. 253.172.  JUDICIAL CAMPAIGN FAIRNESS FUND.  (a)  The
   7-57  judicial campaign fairness fund is a special account in the general
   7-58  revenue fund.
   7-59        (b)  The judicial campaign fairness fund consists of:
   7-60              (1)  damages recovered under Sections 253.161 and
   7-61  253.170; and
   7-62              (2)  any gifts or grants received by the commission
   7-63  under Subsection (d).
   7-64        (c)  The judicial campaign fairness fund may be used only for
   7-65  voter education projects that relate to judicial campaigns.  To the
   7-66  extent practicable, the fund shall be permitted to accumulate until
   7-67  the balance is sufficient to permit the publication of a voter's
   7-68  guide that lists candidates for judicial office, their backgrounds,
   7-69  and similar information.  The commission shall implement this
   7-70  subsection.
    8-1        (d)  The commission may accept gifts and grants for the
    8-2  purposes described by Subsection (c).  Funds received under this
    8-3  subsection shall be deposited to the credit of the judicial
    8-4  campaign fairness fund.
    8-5        (e)  The judicial campaign fairness fund is exempt from
    8-6  Sections 403.094 and 403.095, Government Code.
    8-7        SECTION 3.  Section 254.031, Election Code, is amended by
    8-8  adding Subsection (c) to read as follows:
    8-9        (c)  A political contribution that is accepted but not
   8-10  received in a reporting period is not reported again in the
   8-11  reporting period when it is received.
   8-12        SECTION 4.  Section 254.040, Election Code, is amended to
   8-13  read as follows:
   8-14        Sec. 254.040.  PRESERVATION OF REPORTS.  (a)  Each report
   8-15  filed under this chapter shall be preserved by the authority with
   8-16  whom it is filed for at least two years after the date it is filed.
   8-17        (b)  A copy of each report filed under this chapter that
   8-18  includes reportable activity in connection with a candidate for or
   8-19  holder of a judicial office covered by Subchapter F, Chapter 253,
   8-20  shall be preserved by the person required to file the report for at
   8-21  least four years after the date it is filed.
   8-22        (c)  A person who violates this section commits an offense.
   8-23  An offense under this section is a Class B misdemeanor.
   8-24        SECTION 5.  Subchapter C, Chapter 254, Election Code, is
   8-25  amended by adding Section 254.0611 to read as follows:
   8-26        Sec. 254.0611.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
   8-27  JUDICIAL CANDIDATES.  In addition to the contents required by
   8-28  Sections 254.031 and 254.061, each report by a candidate for a
   8-29  judicial office covered by Subchapter F, Chapter 253, must include:
   8-30              (1)  the total amount of political contributions,
   8-31  including interest or other income, maintained in one or more
   8-32  political funds accounts as of the last day of the reporting
   8-33  period;
   8-34              (2)  for each individual from whom the candidate has
   8-35  accepted political contributions that in the aggregate exceed $50
   8-36  and that are accepted during the reporting period:
   8-37                    (A)  the individual's principal occupation and
   8-38  job title; and
   8-39                    (B)  the full name and business address of the
   8-40  individual's employer, if any;
   8-41              (3)  a specific listing of each asset purchased with
   8-42  political contributions and on hand as of the last day of the
   8-43  reporting period;
   8-44              (4)  for each political contribution accepted by the
   8-45  candidate but not received as of the last day of the reporting
   8-46  period:
   8-47                    (A)  the full name and address of the person
   8-48  making the contribution;
   8-49                    (B)  the amount of the contribution; and
   8-50                    (C)  the date of the contribution; and
   8-51              (5)  for each outstanding loan to the candidate as of
   8-52  the last day of the reporting period:
   8-53                    (A)  the full name and address of the person or
   8-54  financial institution making the loan; and
   8-55                    (B)  the full name and address of each guarantor
   8-56  of the loan other than the candidate.
   8-57        SECTION 6.  The heading to Section 254.064, Election Code, is
   8-58  amended to read as follows:
   8-59        Sec. 254.064.  ADDITIONAL REPORTS OF CERTAIN CANDIDATES
   8-60  <OPPOSED CANDIDATE>.
   8-61        SECTION 7.  Subsection (a), Section 254.064, Election Code,
   8-62  is amended to read as follows:
   8-63        (a)  In addition to other required reports, for each election
   8-64  in which a person is a candidate <and has an opponent whose name is
   8-65  to appear on the ballot>, the person shall file two reports if the
   8-66  person:
   8-67              (1)  has an opponent whose name is to appear on the
   8-68  ballot; or
   8-69              (2)  is a candidate for a judicial office covered by
   8-70  Subchapter F, Chapter 253.
    9-1        SECTION 8.  Subchapter D, Chapter 254, Election Code, is
    9-2  amended by adding Section 254.0911 to read as follows:
    9-3        Sec. 254.0911.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
    9-4  JUDICIAL OFFICEHOLDERS.  In addition to the contents required by
    9-5  Sections 254.031 and 254.091, each report by a holder of a judicial
    9-6  office covered by Subchapter F, Chapter 253, must include:
    9-7              (1)  the total amount of political contributions,
    9-8  including interest or other income, maintained in one or more
    9-9  political funds accounts as of the last day of the reporting
   9-10  period;
   9-11              (2)  for each individual from whom the officeholder has
   9-12  accepted political contributions that in the aggregate exceed $50
   9-13  and that are accepted during the reporting period:
   9-14                    (A)  the individual's principal occupation and
   9-15  job title; and
   9-16                    (B)  the full name and business address of the
   9-17  individual's employer, if any;
   9-18              (3)  a specific listing of each asset purchased with
   9-19  political contributions and on hand as of the last day of the
   9-20  reporting period;
   9-21              (4)  for each political contribution accepted by the
   9-22  officeholder but not received as of the last day of the reporting
   9-23  period:
   9-24                    (A)  the full name and address of the person
   9-25  making the contribution;
   9-26                    (B)  the amount of the contribution; and
   9-27                    (C)  the date of the contribution; and
   9-28              (5)  for each outstanding loan to the officeholder as
   9-29  of the last day of the reporting period:
   9-30                    (A)  the full name and address of the person or
   9-31  financial institution making the loan; and
   9-32                    (B)  the full name and address of each guarantor
   9-33  of the loan other than the officeholder.
   9-34        SECTION 9.  Subchapter E, Chapter 254, Election Code, is
   9-35  amended by adding Section 254.1211 to read as follows:
   9-36        Sec. 254.1211.  ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
   9-37  COMMITTEES.  In addition to the contents required by Sections
   9-38  254.031 and 254.121, each report by a specific-purpose committee
   9-39  for supporting or opposing a candidate for or assisting a holder of
   9-40  a judicial office covered by Subchapter F, Chapter 253, must
   9-41  include:
   9-42              (1)  the total amount of political contributions,
   9-43  including interest or other income, maintained in one or more
   9-44  political funds accounts as of the last day of the reporting
   9-45  period;
   9-46              (2)  for each individual from whom the committee has
   9-47  accepted political contributions that in the aggregate exceed $50
   9-48  and that are accepted during the reporting period:
   9-49                    (A)  the individual's principal occupation and
   9-50  job title; and
   9-51                    (B)  the full name and business address of the
   9-52  individual's employer, if any;
   9-53              (3)  a specific listing of each asset purchased with
   9-54  political contributions and on hand as of the last day of the
   9-55  reporting period;
   9-56              (4)  for each political contribution accepted by the
   9-57  committee but not received as of the last day of the reporting
   9-58  period:
   9-59                    (A)  the full name and address of the person
   9-60  making the contribution;
   9-61                    (B)  the amount of the contribution; and
   9-62                    (C)  the date of the contribution; and
   9-63              (5)  for each outstanding loan to the committee as of
   9-64  the last day of the reporting period:
   9-65                    (A)  the full name and address of the person or
   9-66  financial institution making the loan; and
   9-67                    (B)  the full name and address of each guarantor
   9-68  of the loan.
   9-69        SECTION 10.  Chapter 255, Election Code, is amended by adding
   9-70  Section 255.008 to read as follows:
   10-1        Sec. 255.008.  DISCLOSURE ON POLITICAL ADVERTISING BY
   10-2  JUDICIAL CANDIDATE.  (a)  This section applies only to a candidate
   10-3  covered by Subchapter F, Chapter 253.
   10-4        (b)  Political advertising by a candidate who files a
   10-5  declaration of intent to comply with the limits on expenditures and
   10-6  the use of personal funds under  Subchapter F, Chapter 253, or a
   10-7  specific-purpose committee for supporting such a candidate must
   10-8  include the following statement:  "Political advertising paid for
   10-9  by (name of candidate or committee) in compliance with the
  10-10  voluntary limits of the Judicial Campaign Fairness Act."
  10-11        (c)  Political advertising by a candidate who files a
  10-12  declaration of intent to exceed the limits on expenditures and the
  10-13  use of personal funds under Subchapter F, Chapter 253, or a
  10-14  specific-purpose committee for supporting such a candidate must
  10-15  include the following statement:  "Political advertising paid for
  10-16  by (name of candidate or committee), (who or which) has rejected
  10-17  the voluntary limits of the Judicial Campaign Fairness Act."
  10-18        (d)  The commission shall adopt rules providing for:
  10-19              (1)  the minimum type size of the disclosure required
  10-20  by this section in written political advertising; and
  10-21              (2)  the minimum duration of the disclosure required by
  10-22  this section in political advertising that appears on television or
  10-23  radio.
  10-24        (e)  A person who violates this section or a rule adopted
  10-25  under this section commits an offense.  An offense under this
  10-26  section is a Class A misdemeanor.
  10-27        SECTION 11.  Subdivision (2), Section 2, Chapter 421, Acts of
  10-28  the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
  10-29  Vernon's Texas Civil Statutes), is amended to read as follows:
  10-30              (2)  "Elected officer" means:
  10-31                    (A)  a member of the legislature;
  10-32                    (B)  an executive or judicial officer elected in
  10-33  a statewide election;
  10-34                    (C)  a judge of a court of <civil> appeals, a
  10-35  district court, a statutory county court <of domestic relations>,
  10-36  or a statutory probate <juvenile> court <created by special law>;
  10-37                    (D)  a member of the State Board of Education; or
  10-38                    (E)  a person appointed to fill a vacancy or
  10-39  newly created office who, if elected rather than appointed, would
  10-40  be an elected officer as defined in paragraph (A), (B), (C), or (D)
  10-41  of this subdivision.
  10-42        SECTION 12.  Chapter 421, Acts of the 63rd Legislature,
  10-43  Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
  10-44  Statutes), is amended by adding Section 5 to read as follows:
  10-45        Sec. 5.  ADDITIONAL REQUIREMENTS FOR JUDICIAL CANDIDATES AND
  10-46  OFFICERS.  (a)  In addition to the information required to be
  10-47  disclosed under Section 4 of this Act, a financial statement filed
  10-48  by an elected officer holding a judicial office or a candidate for
  10-49  a judicial office shall include, for the preceding calendar year
  10-50  except as provided by Subdivision (1) of this subsection, the
  10-51  following information with respect to the activity of the person
  10-52  and the activity of the person's spouse and dependent children over
  10-53  which the person had actual control for the preceding calendar
  10-54  year:
  10-55              (1)  for the seven-year period before the date the
  10-56  person is required to file the supplemental financial statement,
  10-57  the name of any business entity in which the person practiced law
  10-58  and the dates and duration of the person's relationship with each
  10-59  business entity under this subdivision;
  10-60              (2)  a description of the business of any business
  10-61  entity that is not a publicly held or traded corporation in which
  10-62  the person had a beneficial interest, and, if the interest was
  10-63  sold, the amount of the net gain or loss realized from the sale;
  10-64              (3)  a list of each source of income, identified by the
  10-65  name, occupation, if any, and address of the payor and by amount,
  10-66  for any income paid or given to the person that is in excess of
  10-67  $500 and that is in the form of interest, dividends, royalties, or
  10-68  rents;
  10-69              (4)  the amount owed under each personal note or lease
  10-70  agreement that existed at any time during the preceding year and
   11-1  the name, occupation, if any, and address of any guarantor,
   11-2  creditor, or lessor;
   11-3              (5)  the name of each trust and the trustee of each
   11-4  trust from which the person received income as a beneficiary of the
   11-5  trust; and
   11-6              (6)  the value of all assets and liabilities of a
   11-7  business entity in which 50 percent or more of the outstanding
   11-8  ownership was held, acquired, or sold by the person and the name,
   11-9  occupation, if any, and address of any person who purchased an
  11-10  asset or who assumed a liability of the business.
  11-11        (b)  This section controls to the extent that the information
  11-12  required to be disclosed under this section conflicts with that
  11-13  required by Section 4 of this Act.
  11-14        (c)  An elected officer holding a judicial office or a
  11-15  candidate for a judicial office shall file a copy of the person's
  11-16  financial statement with each authority with whom the person files
  11-17  a campaign treasurer appointment under Chapter 252, Election Code.
  11-18        (d)  An elected officer holding a judicial office or a
  11-19  candidate for a judicial office shall retain a file-stamped copy of
  11-20  each statement until the fourth anniversary of the date the
  11-21  statement is filed.
  11-22        SECTION 13.  Chapter 23, Government Code, is amended by
  11-23  adding Subchapter Z to read as follows:
  11-24                SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
  11-25        Sec. 23.901.  DISCLOSURE OF JUDICIAL APPOINTMENTS FOR FEE.
  11-26  (a)  Each month the clerk of a trial court shall prepare a list
  11-27  containing:
  11-28              (1)  the name of each person appointed by the judge of
  11-29  the court to a position for which a fee is paid from any source;
  11-30              (2)  the name of the judge making the appointment;
  11-31              (3)  the position to which the person was appointed;
  11-32  and
  11-33              (4)  the amount of the fee paid to the person.
  11-34        (b)  In updating a list, a clerk may delete information
  11-35  relating to a specific appointment if the appointment has been
  11-36  terminated by the court.
  11-37        (c)  A clerk shall make a copy of a list available for public
  11-38  inspection in the clerk's office.  A clerk may charge a reasonable
  11-39  fee for reproducing a list for a person.
  11-40        (d)  A clerk shall retain a list until the fourth anniversary
  11-41  of the date it is made available for public inspection.
  11-42        (e)  A clerk is not required to include in a list information
  11-43  relating to a person appointed by a judge to a position in which
  11-44  the person is considered a county employee.
  11-45        SECTION 14.  (a)  Subchapter F, Chapter 253, Election Code,
  11-46  as added by this Act, is amended by adding Section 253.1521 to read
  11-47  as follows:
  11-48        Sec. 253.1521.  DEFINITION.  Notwithstanding Subsection (b),
  11-49  Section 1.39, Chapter 304, Acts of the 72nd Legislature, Regular
  11-50  Session, 1991, a reference in this subchapter to the secretary of
  11-51  state means the secretary of state.
  11-52        (b)  This section takes effect only if H.B. No. 947, 73rd
  11-53  Legislature, Regular Session, 1993, and S.B. No. 451, 73rd
  11-54  Legislature, Regular Session, 1993, are not enacted or do not
  11-55  become law.  If H.B. No. 947, 73rd Legislature, Regular Session,
  11-56  1993, or S.B. No. 451, 73rd Legislature, Regular Session, 1993, is
  11-57  enacted and becomes law, this section has no effect.
  11-58        SECTION 15.  Sections 253.155, 253.156, 253.157, 253.161
  11-59  through 253.169, and 253.171, Election Code, as added by this Act,
  11-60  are not severable, and none would have been enacted without the
  11-61  others.  If any one of those provisions is held invalid, each of
  11-62  those provisions is invalid.
  11-63        SECTION 16.  (a)  Sections 1 through 12, 14, and 15 of this
  11-64  Act take effect January 1, 1994.
  11-65        (b)  Subchapter F, Chapter 253, Election Code, as added by
  11-66  this Act, applies only to a political contribution accepted or
  11-67  political expenditure made on or after January 1, 1994.  A
  11-68  political contribution accepted or political expenditure made
  11-69  before January 1, 1994, is governed by the law in effect on the
  11-70  date the contribution  was accepted or the expenditure was made.
   12-1        (c)  Sections 254.0611, 254.0911, and 254.1211, Election
   12-2  Code, as added by this Act, apply to account balances, assets, and
   12-3  debts existing as of January 1, 1994, and to the reporting of a
   12-4  political contribution accepted on or after January 1, 1994.  The
   12-5  reporting of a  political contribution accepted before January 1,
   12-6  1994, is governed by the law in effect on the date it was accepted.
   12-7        (d)  Section 13 of this Act takes effect September 1, 1993.
   12-8        SECTION 17.  The importance of this legislation and the
   12-9  crowded condition of the calendars in both houses create an
  12-10  emergency and an imperative public necessity that the
  12-11  constitutional rule requiring bills to be read on three several
  12-12  days in each house be suspended, and this rule is hereby suspended.
  12-13                               * * * * *
  12-14                                                         Austin,
  12-15  Texas
  12-16                                                         April 22, 1993
  12-17  Hon. Bob Bullock
  12-18  President of the Senate
  12-19  Sir:
  12-20  We, your Subcommittee on Elections and Ethics to which was referred
  12-21  S.B. No. 309, have had the same under consideration, and I am
  12-22  instructed to report it back to the Senate with the recommendation
  12-23  that it do not pass, but that the Committee Substitute adopted in
  12-24  lieu thereof do pass and be printed.
  12-25                                                         Carriker,
  12-26  Chairman
  12-27                               * * * * *
  12-28                               WITNESSES
  12-29                                                  FOR   AGAINST  ON
  12-30  ___________________________________________________________________
  12-31  Name:  Lloyd Doggett                             x
  12-32  Representing:  Himself
  12-33  City:  Austin
  12-34  -------------------------------------------------------------------
  12-35  Name:  Jim Marston                                             x
  12-36  Representing:  Himself
  12-37  City:  Austin
  12-38  -------------------------------------------------------------------
  12-39  Name:  George S. Christian                       x
  12-40  Representing:  Txns for JUD. Elect. Reform
  12-41  City:  Austin
  12-42  -------------------------------------------------------------------
  12-43  Name:  Tom Smith                                 x
  12-44  Representing:  Public Citizen
  12-45  City:  Austin
  12-46  -------------------------------------------------------------------
  12-47  Name:  Isaias Torres                                           x
  12-48  Representing:  Himself and the Texas
  12-49                 Ethics Commission
  12-50  City:  Houston
  12-51  -------------------------------------------------------------------
  12-52  Name:  John Steiner                                            x
  12-53  Representing:  Texas Ethics Commission
  12-54  City:  Austin
  12-55  -------------------------------------------------------------------
  12-56  Name:  Chief Justice Thomas R. Phillips                        x
  12-57  Representing:  Himself
  12-58  City:  Austin
  12-59  -------------------------------------------------------------------
  12-60  Name:  Judge Mark Davidson                       x
  12-61  Representing:  Himself
  12-62  City:  Houston
  12-63  -------------------------------------------------------------------
  12-64  Name:  Tom Bullion                               x
  12-65  Representing:  Tx Assoc. of Defense Counsel
  12-66  City:  Austin
  12-67  -------------------------------------------------------------------
  12-68  Name:  Suzy Woodford                             x
  12-69  Representing:  Common Cause
  12-70  City:  Austin
   13-1  -------------------------------------------------------------------
   13-2  Name:  Maxine Barkan                             x
   13-3  Representing:  League of Women Voters of Tx
   13-4  City:  Austin
   13-5  -------------------------------------------------------------------