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 -------------------------------------------------------------------