74R11231 ESH-D
          By Madden, Denny, et al.                               H.B. No. 262
          Substitute the following for H.B. No. 262:
          By Madden                                          C.S.H.B. No. 262
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of political contributions, political
    1-3  expenditures, and political advertising in connection with certain
    1-4  judicial candidates and officeholders, to the disclosure of certain
    1-5  relationships between judges and attorneys, and to personal
    1-6  financial statements filed by certain judicial officeholders;
    1-7  providing civil and criminal penalties.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9        SECTION 1.  Chapter 253, Election Code, is amended by adding
   1-10  Subchapter F to read as follows:
   1-11             SUBCHAPTER F.  JUDICIAL CAMPAIGN FAIRNESS ACT
   1-12        Sec. 253.151.  APPLICABILITY OF SUBCHAPTER.  (a)  This
   1-13  subchapter applies only to a  political contribution or political
   1-14  expenditure in connection with the office of:
   1-15              (1)  chief justice or justice, supreme court;
   1-16              (2)  presiding judge or judge, court of criminal
   1-17  appeals;
   1-18              (3)  chief justice or justice, court of appeals;
   1-19              (4)  district judge;
   1-20              (5)  judge, statutory county court; or
   1-21              (6)  judge, statutory probate court.
   1-22        (b)  Notwithstanding any other law, a state agency or officer
   1-23  may not adopt a restriction or limitation on political
   1-24  contributions to or political expenditures by or on behalf of a
    2-1  candidate or officeholder covered by this subchapter, including a
    2-2  restriction on the period in which a candidate or officeholder may
    2-3  accept a political contribution, except as provided by this title.
    2-4        Sec. 253.152.  DEFINITIONS.  In this subchapter:
    2-5              (1)  "Complying candidate" or "complying officeholder"
    2-6  means a judicial candidate who files a declaration of compliance
    2-7  under Section 253.153(a)(1).
    2-8              (2)  "Election cycle" means the combination of the
    2-9  general primary election, runoff primary election, if any, and
   2-10  general election for the office.
   2-11              (3)  "In connection with an election cycle" means:
   2-12                    (A)  with regard to a contribution that is
   2-13  designated in writing for a particular election cycle, the election
   2-14  cycle designated; or
   2-15                    (B)  with regard to a contribution that is not
   2-16  designated in writing for a particular election cycle or that is
   2-17  designated as an officeholder contribution, the next election cycle
   2-18  for that office occurring after the contribution is made.
   2-19              (4)  "Judicial district" means the territory from which
   2-20  a judicial candidate is elected.
   2-21              (5)  "Law firm" means a partnership, limited liability
   2-22  partnership, or professional corporation organized for the practice
   2-23  of law.
   2-24              (6)  "Member" means a partner, associate, shareholder,
   2-25  employee, or person designated "of counsel" or "of the firm."
   2-26              (7)  "Noncomplying candidate" means:
   2-27                    (A)  a judicial candidate who files a declaration
    3-1  of intent to accept contributions outside the election period or to
    3-2  exceed the limits on contributions, expenditures, and the repayment
    3-3  of personal loans under Section 253.153(a)(2); or
    3-4                    (B)  a complying candidate who exceeds the limits
    3-5  on contributions, expenditures, or the repayment of personal loans.
    3-6              (8)  "Statewide judicial office" means the office of
    3-7  chief justice or justice, supreme court, or presiding judge or
    3-8  judge, court of criminal appeals.
    3-9        Sec. 253.153.  VOLUNTARY COMPLIANCE.  (a)  When a person
   3-10  becomes a candidate for a judicial office, the person shall file
   3-11  with the authority with whom the candidate's campaign treasurer
   3-12  appointment is required to be filed:
   3-13              (1)  a sworn declaration of compliance stating that the
   3-14  person voluntarily agrees to comply with the prohibition on
   3-15  accepting contributions only during the election period and with
   3-16  the limits on contributions, expenditures, and the repayment of
   3-17  personal loans prescribed by this subchapter; or
   3-18              (2)  a written declaration of the person's intent to
   3-19  accept contributions outside the election period or to accept
   3-20  contributions, make expenditures,  or repay personal loans that
   3-21  exceed the limits prescribed by this subchapter.
   3-22        (b)  A judicial candidate may not knowingly accept a campaign
   3-23  contribution or make or authorize a campaign expenditure before the
   3-24  candidate files a declaration under Subsection (a).
   3-25        Sec. 253.154.  EFFECT OF NONCOMPLYING CANDIDATE.  (a)  A
   3-26  complying candidate or a specific-purpose committee for supporting
   3-27  a complying candidate is not required to comply with the limits on
    4-1  contributions, expenditures, and the repayment of personal loans
    4-2  prescribed by this subchapter if another person becomes a candidate
    4-3  for the same office and:
    4-4              (1)  files a declaration of intent to accept
    4-5  contributions outside the election period or to exceed the limits
    4-6  on contributions, expenditures, and the repayment of personal loans
    4-7  under Section 253.153(a)(2); or
    4-8              (2)  files a declaration of compliance under Section
    4-9  253.153(a)(1) but later accepts a political contribution outside
   4-10  the election period or exceeds the limits on contributions,
   4-11  expenditures, or the repayment of personal loans.
   4-12        (b)  The executive director of the commission or the county
   4-13  clerk, as appropriate, shall issue an order suspending the limits
   4-14  on contributions, expenditures, and the repayment of personal loans
   4-15  for a specific office not later than the 10th day after the date
   4-16  the executive director or county clerk determines that:
   4-17              (1)  a person has become a candidate for that office
   4-18  and has filed a declaration of intent to accept contributions
   4-19  outside the election period or to exceed the limits on
   4-20  contributions, expenditures, and the repayment of personal loans
   4-21  under Section 253.153(a)(2); or
   4-22              (2)  a complying candidate for that office has accepted
   4-23  a political contribution outside the election period or has
   4-24  exceeded the limit on contributions, expenditures, or the repayment
   4-25  of personal loans prescribed by this subchapter.
   4-26        (c)  The executive director may issue an order under
   4-27  Subsection (b) only in  connection with an office for which a
    5-1  candidate files a campaign treasurer appointment with the
    5-2  commission.  A county clerk may issue an order under Subsection (b)
    5-3  only in connection with an office for which a candidate files a
    5-4  campaign treasurer appointment with the county clerk.
    5-5        Sec. 253.155.  BENEFIT TO COMPLYING CANDIDATE.  (a)  A
    5-6  complying candidate is entitled to:
    5-7              (1)  state on political advertising that the candidate
    5-8  complies with the Judicial Campaign Fairness Act, regardless of
    5-9  whether the limits on contributions, expenditures, and the
   5-10  repayment of personal loans are later suspended; and
   5-11              (2)  state, on political advertising or otherwise, that
   5-12  the candidate's opponent does not comply with the Judicial Campaign
   5-13  Fairness Act, if the opponent is a noncomplying candidate.
   5-14        (b)  A noncomplying candidate is not entitled to the benefit
   5-15  provided by this section.
   5-16        Sec. 253.156.  CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
   5-17  PERIOD.  (a)  Except as provided by Subsection (c) or by Section
   5-18  253.168, a person may not knowingly make or authorize a political
   5-19  contribution to a complying candidate, a complying officeholder, a
   5-20  specific-purpose committee for supporting or opposing a complying
   5-21  candidate, or a specific-purpose committee for assisting a
   5-22  complying officeholder except during the period:
   5-23              (1)  beginning on:
   5-24                    (A)  if the election is for a full term:
   5-25                          (i)  the 365th day before the date an
   5-26  application for a place on the ballot or for nomination by
   5-27  convention for the office is required to be filed, for a statewide
    6-1  judicial office; or
    6-2                          (ii)  the 180th day before the date an
    6-3  application for a place on the ballot or for nomination by
    6-4  convention for the office is required to be filed, for an office
    6-5  other than a statewide judicial office; or
    6-6                    (B)  if the election is for an unexpired term,
    6-7  the later of the 180th day before the date an application for a
    6-8  place on the ballot or for nomination by convention for the office
    6-9  is required to be filed or the date a vacancy in the office occurs;
   6-10  and
   6-11              (2)  continuing through:
   6-12                    (A)  if the candidate, officeholder, or committee
   6-13  does not have a deficiency debt in connection with the campaign,
   6-14  the December 31 after the general election for state and county
   6-15  officers; or
   6-16                    (B)  if the candidate, officeholder, or committee
   6-17  has a deficiency debt in connection with the campaign, the earlier
   6-18  of:
   6-19                          (i)  the date on which all debt in
   6-20  connection with the campaign is paid; or
   6-21                          (ii)  the June 30 after the general
   6-22  election for state and county officers.
   6-23        (b)  A person may not knowingly accept a political
   6-24  contribution made or authorized in violation of Subsection (a).
   6-25        (c)  A complying candidate, a complying officeholder, a
   6-26  specific-purpose committee for supporting or opposing a complying
   6-27  candidate, or a specific-purpose committee for assisting a
    7-1  complying officeholder may use political contributions accepted
    7-2  after the December 31 after the general election for state and
    7-3  county officers only for:
    7-4              (1)  payment of debt in connection with the campaign;
    7-5              (2)  payment of costs incurred in raising political
    7-6  contributions to pay debt in connection with the campaign; or
    7-7              (3)  transfer to an officeholder account, subject to
    7-8  the limit prescribed by Section 253.167.
    7-9        (d)  Subsection (a)(2) does not apply to a political
   7-10  contribution that was made and accepted with the intent that it be
   7-11  used to defray expenses incurred in connection with an election
   7-12  contest.
   7-13        (e)  A complying officeholder may make an officeholder
   7-14  contribution to himself or herself or a specific-purpose committee
   7-15  for supporting himself or herself at any time but, except as
   7-16  provided by Section 253.168, may not exceed the limit prescribed by
   7-17  Section 253.167.
   7-18        (f)  In this section, "deficiency debt" means debt that in
   7-19  the aggregate exceeds the amount of unexpended political
   7-20  contributions held by a candidate, officeholder, or committee.
   7-21        Sec. 253.157.  WRITE-IN CANDIDACY.  (a)  A person may not
   7-22  knowingly make or authorize a political contribution to a write-in
   7-23  candidate for judicial office or a specific-purpose committee for
   7-24  supporting or opposing a write-in candidate for judicial office
   7-25  before the candidate files a declaration of write-in candidacy.
   7-26        (b)  A person may not knowingly accept a political
   7-27  contribution made or authorized in violation of Subsection (a).
    8-1        Sec. 253.158.  CONTRIBUTION LIMITS.  (a)  Except as provided
    8-2  by Subsection (f), a person may not knowingly make or authorize
    8-3  political contributions to a complying candidate that in the
    8-4  aggregate exceed the limits prescribed by Subsection (b) or (c) in
    8-5  connection with each election cycle in which the candidate is
    8-6  involved.
    8-7        (b)  For contributions made by an individual, the
    8-8  contribution limits are:
    8-9              (1)  for a statewide judicial office, $5,000;
   8-10              (2)  for the office of chief justice or justice, court
   8-11  of appeals, $2,500; or
   8-12              (3)  for an office other than an office covered by
   8-13  Subdivision (1) or (2), $1,000.
   8-14        (c)  For contributions made by a political committee or a law
   8-15  firm, the contribution limits are:
   8-16              (1)  for a statewide judicial office, $25,000;
   8-17              (2)  for the office of chief justice or justice, court
   8-18  of appeals, $10,000; or
   8-19              (3)  for an office other than an office covered by
   8-20  Subdivision (1) or (2), $5,000.
   8-21        (d)  A complying candidate may not knowingly accept a
   8-22  political contribution made or authorized in violation of
   8-23  Subsection (a).
   8-24        (e)  For purposes of this section:
   8-25              (1)  a political contribution made by a general-purpose
   8-26  committee established, administered, or controlled by a law firm is
   8-27  considered to be a contribution made by the law firm; and
    9-1              (2)  a contribution by a law firm whose members are
    9-2  each members of a second law firm is considered to be a
    9-3  contribution by the law firm that has members other than the
    9-4  members the firms have in common.
    9-5        (f)  This section does not apply to a political contribution
    9-6  made by the principal political committee of the state executive
    9-7  committee or a county executive committee of a political party.
    9-8        Sec. 253.159.  CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
    9-9  CONTRIBUTION TO CANDIDATE.  For purposes of Section 253.158, a
   9-10  contribution to a specific-purpose committee for the purpose of
   9-11  supporting a complying candidate, opposing the candidate's
   9-12  opponent, or assisting the candidate as an officeholder is
   9-13  considered to be a contribution to the candidate.
   9-14        Sec. 253.160.  LIMIT ON CONTRIBUTION BY MEMBER OF LAW FIRM.
   9-15  (a)  A complying candidate may not accept a political contribution
   9-16  in excess of $125 from an individual if:
   9-17              (1)  the individual is a member of a law firm; and
   9-18              (2)  the contribution, when aggregated with all
   9-19  political contributions accepted by the candidate from other
   9-20  members of the law firm in connection with the election cycle,
   9-21  would exceed:
   9-22                    (A)  for a statewide judicial office or the
   9-23  office of chief justice or justice, court of appeals, $50,000; or
   9-24                    (B)  for an office other than an office covered
   9-25  by Paragraph (A), $25,000.
   9-26        (b)  A candidate who receives a political contribution that
   9-27  violates Subsection (a) shall return the contribution to the
   10-1  contributor.
   10-2        Sec. 253.161.  EXCEPTION TO CONTRIBUTION LIMITS.  Sections
   10-3  253.158 and 253.160 do not apply to an individual who is related to
   10-4  the candidate or officeholder within the second degree by
   10-5  consanguinity, as determined by Chapter 573, Government Code.
   10-6        Sec. 253.162.  USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
   10-7  PROHIBITED.  A judicial candidate or officeholder, a
   10-8  specific-purpose committee for supporting or opposing a judicial
   10-9  candidate, or a specific-purpose committee for assisting a judicial
  10-10  officeholder may not use a political contribution to make a
  10-11  campaign expenditure for judicial office or to make an officeholder
  10-12  expenditure in connection with a judicial office if the
  10-13  contribution was accepted while the candidate or officeholder:
  10-14              (1)  was a candidate for an office other than a
  10-15  judicial office; or
  10-16              (2)  held an office other than a judicial office,
  10-17  unless the person had become a candidate for judicial office.
  10-18        Sec. 253.163.  CERTIFICATION OF POPULATION; NOTICE OF LIMITS.
  10-19  (a)  For purposes of this subchapter only, not later than June 1 of
  10-20  each odd-numbered year, the secretary of state shall:
  10-21              (1)  deliver to the commission a written certification
  10-22  of the population of each judicial district for which a candidate
  10-23  for judge or justice must file a campaign treasurer appointment
  10-24  with the commission; and
  10-25              (2)  deliver to the county clerk of each county a
  10-26  written certification of the county's population, if the county:
  10-27                    (A)  comprises an entire judicial district under
   11-1  Chapter 26, Government Code; or
   11-2                    (B)  has a statutory county court or statutory
   11-3  probate court, other than a multicounty statutory county court
   11-4  created under Subchapter D, Chapter 25, Government Code.
   11-5        (b)  Based on the certification of population under
   11-6  Subsection (a), the commission or county clerk, as appropriate,
   11-7  shall deliver to each candidate for an office covered by this
   11-8  subchapter written notice of the limits on expenditures and the
   11-9  repayment of personal loans applicable to the office the candidate
  11-10  seeks not later than the fifth day after the earlier of:
  11-11              (1)  the date the candidate files a campaign treasurer
  11-12  appointment; or
  11-13              (2)  the date the candidate files the first report
  11-14  required to be filed under Chapter 254 in connection with the
  11-15  election to which the limits apply.
  11-16        Sec. 253.164.  EXPENDITURE LIMITS.  For each election cycle
  11-17  in which the candidate is involved, a complying candidate may not
  11-18  knowingly make or authorize campaign expenditures that in the
  11-19  aggregate exceed:
  11-20              (1)  for a statewide judicial office, $2.5 million;
  11-21              (2)  for the office of chief justice or justice, court
  11-22  of appeals:
  11-23                    (A)  $500,000, if the population of the judicial
  11-24  district is more than one million; or
  11-25                    (B)  $350,000, if the population of the judicial
  11-26  district is one million or less; or
  11-27              (3)  for an office other than an office covered by
   12-1  Subdivision (1) or (2):
   12-2                    (A)  $350,000, if the population of the judicial
   12-3  district is more than 750,000;
   12-4                    (B)  $200,000, if the population of the judicial
   12-5  district is 250,000 to 750,000; or
   12-6                    (C)  $100,000, if the population of the judicial
   12-7  district is less than 250,000.
   12-8        Sec. 253.165.  EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
   12-9  EXPENDITURE BY CANDIDATE.  (a)  For purposes of Section 253.164, an
  12-10  expenditure by a specific-purpose committee for the purpose of
  12-11  supporting a candidate, opposing the candidate's opponent, or
  12-12  assisting the candidate as an officeholder is considered to be an
  12-13  expenditure by the candidate unless:
  12-14              (1)  the candidate, in an affidavit filed with the
  12-15  authority with whom the candidate's campaign treasurer appointment
  12-16  is required to be filed, states that the candidate's campaign,
  12-17  including the candidate, a campaign officer, or a campaign
  12-18  consultant of the candidate, has not directly or indirectly
  12-19  communicated with the committee in regard to a strategic matter in
  12-20  connection with the candidate's campaign; or
  12-21              (2)  the candidate does not receive notice of the
  12-22  expenditure as provided by Section 254.128.
  12-23        (b)  For purposes of Section 253.164, an expenditure by a
  12-24  general-purpose committee for the purpose of supporting a
  12-25  candidate, opposing the candidate's opponent, or assisting the
  12-26  candidate as an officeholder is considered to be an expenditure by
  12-27  the candidate if the candidate authorizes the expenditure before it
   13-1  is made.
   13-2        (c)  In this section, "strategic matter" means any concern
   13-3  regarding campaign tactics, including advertising or the use of
   13-4  polling data or voter demographics.
   13-5        Sec. 253.166.  LIMIT ON REPAYMENT OF PERSONAL LOANS.  (a)  A
   13-6  complying candidate or complying officeholder who obtains one or
   13-7  more personal loans in connection with the person's candidacy for
   13-8  an office covered by this subchapter may not repay the loans from
   13-9  political contributions in amounts that in the aggregate exceed,
  13-10  for each election cycle in which the candidate or officeholder is
  13-11  involved:
  13-12              (1)  for a statewide judicial office, or the office of
  13-13  chief justice or justice, court of appeals, $100,000; or
  13-14              (2)  for an office other than an office covered by
  13-15  Subdivision (1):
  13-16                    (A)  $100,000, if the population of the judicial
  13-17  district is more than one million;
  13-18                    (B)  $50,000, if the population of the judicial
  13-19  district is 250,000 to one million; or
  13-20                    (C)  $25,000, if the population of the judicial
  13-21  district is less than 250,000.
  13-22        (b)  A person who is both a candidate and an officeholder may
  13-23  repay a personal loan obtained in connection with the person's
  13-24  candidacy only in one capacity.
  13-25        (c)  In this section, "personal loan" means a loan that the
  13-26  candidate or officeholder is personally liable to repay, without
  13-27  regard to whether another person is also liable.
   14-1        Sec. 253.167.  MAXIMUM AMOUNT RETAINED IN OFFICEHOLDER
   14-2  ACCOUNT.  (a)  Except as provided by Section 253.168, after the
   14-3  date after which a complying candidate may not accept a political
   14-4  contribution under Section 253.156, a complying officeholder:
   14-5              (1)  may not retain unexpended political contributions
   14-6  that in the aggregate exceed:
   14-7                    (A)  for a statewide judicial office, $150,000;
   14-8                    (B)  for the office of chief justice or justice,
   14-9  court of appeals, $75,000; or
  14-10                    (C)  for an office other than an office covered
  14-11  by Subdivision (1) or (2), $25,000; and
  14-12              (2)  shall remit any unexpended political contributions
  14-13  that exceed the amount prescribed by Subdivision (1) to one or both
  14-14  of the following:
  14-15                    (A)  one or more persons from whom political
  14-16  contributions were received, in accordance with Subsection (b); or
  14-17                    (B)  a recognized tax-exempt, charitable
  14-18  organization formed for educational, religious, or scientific
  14-19  purposes.
  14-20        (b)  The amount of political contributions remitted under
  14-21  Subsection (a)(2)(A) may not exceed the aggregate amount accepted
  14-22  from that person during the two years preceding the remittance.
  14-23        Sec. 253.168.  ANNUAL FUND-RAISING EVENT.  (a)  A complying
  14-24  officeholder may accept a political contribution made in connection
  14-25  with a fund-raising event that occurs outside the applicable period
  14-26  prescribed by Section 253.156(a) if:
  14-27              (1)  the officeholder does not accept political
   15-1  contributions under this subsection in connection with more than
   15-2  one fund-raising event in a calendar year; and
   15-3              (2)  political contributions are not solicited or
   15-4  accepted in connection with the fund-raising event for a period
   15-5  longer than 30 days.
   15-6        (b)  During the period described by Subsection (a)(2), a
   15-7  complying officeholder may exceed the applicable limit prescribed
   15-8  by Section 253.167 but must comply with the limit when that period
   15-9  ends.
  15-10        Sec. 253.169.  AGREEMENT TO EVADE LIMITS PROHIBITED.  A
  15-11  complying candidate may not:
  15-12              (1)  solicit a person to enter a campaign as a
  15-13  noncomplying candidate opposing the complying candidate; or
  15-14              (2)  enter into an agreement under which a person
  15-15  enters a campaign as a noncomplying candidate opposing the
  15-16  complying candidate.
  15-17        Sec. 253.170.  MISREPRESENTATION OF OPPONENT'S COMPLIANCE
  15-18  WITH OR VIOLATION OF SUBCHAPTER PROHIBITED.  A candidate for
  15-19  judicial office may not knowingly misrepresent that an opponent of
  15-20  the candidate:
  15-21              (1)  is a noncomplying candidate; or
  15-22              (2)  has violated this subchapter.
  15-23        Sec. 253.171.  CIVIL PENALTY.  (a)  After a formal hearing as
  15-24  provided by Subchapter E, Chapter 571, Government Code, the
  15-25  commission may impose a civil penalty against a candidate who
  15-26  violates Section 253.164, 253.169, or 253.170.
  15-27        (b)  The commission shall base the amount of the penalty on:
   16-1              (1)  the seriousness of the violation;
   16-2              (2)  the history of previous violations;
   16-3              (3)  the amount necessary to deter future violations;
   16-4  and
   16-5              (4)  any other matter that justice requires.
   16-6        (c)  The amount of the penalty may not exceed 70 percent of:
   16-7              (1)  the amount of political contributions the
   16-8  candidate maintained in one or more accounts in which political
   16-9  contributions are deposited as of the date of the violation in the
  16-10  case of a violation of Section 253.164 or 253.170; or
  16-11              (2)  the amount of political contributions the
  16-12  candidate accepted in connection with the election cycle, in the
  16-13  case of a violation of Section 253.169.
  16-14        (d)  The commission may retain from a civil penalty collected
  16-15  under this section the commission's costs incurred in imposing and
  16-16  collecting the penalty.  The commission shall dispose of the
  16-17  remainder of the penalty as follows:
  16-18              (1)  if the penalty is imposed for a violation of
  16-19  Section 253.164 or 253.169, the commission shall deposit the
  16-20  remainder to the credit of the general revenue fund; or
  16-21              (2)  if the penalty is imposed for a violation of
  16-22  Section 253.170, the commission shall pay the remainder to the
  16-23  candidate who was the subject of the misrepresentation made by the
  16-24  candidate against whom the penalty is imposed.
  16-25        SECTION 2.  Section 252.0032, Election Code, is amended to
  16-26  read as follows:
  16-27        Sec. 252.0032.  CONTENTS OF APPOINTMENT BY CANDIDATE.  (a)
   17-1  In addition to the information required by Section 252.002, a
   17-2  campaign treasurer appointment by a candidate must include:
   17-3              (1)  a statement, signed by the candidate, that the
   17-4  candidate is aware of the nepotism law, Chapter 573, Government
   17-5  Code; and
   17-6              (2)  if applicable, a notation that the office sought
   17-7  by the candidate is one to which Subchapter F, Chapter 253, applies
   17-8  <Articles 5996a et seq., Revised Statutes>.
   17-9        (b)  A campaign treasurer appointment that is filed in a
  17-10  manner other than by use of an officially prescribed form is not
  17-11  invalid because it fails to comply with Subsection (a)(1).
  17-12        SECTION 3.  Sections 253.003, 253.004, and 253.005, Election
  17-13  Code, are amended to read as follows:
  17-14        Sec. 253.003.  Unlawfully Making or Accepting Contribution.
  17-15  (a)  A person may not knowingly make a political contribution in
  17-16  violation of this chapter.
  17-17        (b)  A person may not knowingly accept a political
  17-18  contribution the person knows to have been made in violation of
  17-19  this chapter.
  17-20        (c)  This section does not apply to a political contribution
  17-21  made or accepted in violation of Subchapter F.
  17-22        (d)  Except as provided by Subsection (e) <(d)>, a person who
  17-23  violates this section commits an offense.  An offense under this
  17-24  section is a Class A misdemeanor.
  17-25        (e) <(d)>  A violation of Subsection (a) or (b) is a felony
  17-26  of the third degree if the contribution is made in violation of
  17-27  Subchapter D.
   18-1        Sec. 253.004.  Unlawfully Making Expenditure.  (a)  A person
   18-2  may not knowingly make or authorize a political expenditure in
   18-3  violation of this chapter.
   18-4        (b)  This section does not apply to a political expenditure
   18-5  made or authorized in violation of Subchapter F.
   18-6        (c)  A person who violates this section commits an offense.
   18-7  An offense under this section is a Class A misdemeanor.
   18-8        Sec. 253.005.  Expenditure From Unlawful Contribution.  (a)
   18-9  A person may not knowingly make or authorize a political
  18-10  expenditure wholly or partly from a political contribution the
  18-11  person knows to have been made in violation of this chapter.
  18-12        (b)  This section does not apply to a political expenditure
  18-13  that is:
  18-14              (1)  prohibited by Section 253.101; or
  18-15              (2)  made from a political contribution made in
  18-16  violation of Subchapter F.
  18-17        (c)  A person who violates this section commits an offense.
  18-18  An offense under this section is a Class A misdemeanor.
  18-19        SECTION 4.  Subchapter E, Chapter 253, Election Code, is
  18-20  amended by adding Section 253.135 to read as follows:
  18-21        Sec. 253.135.  NONAPPLICABILITY TO CERTAIN CONTRIBUTIONS AND
  18-22  EXPENDITURES IN CONNECTION WITH JUDICIAL OFFICES.  This subchapter
  18-23  does not apply to:
  18-24              (1)  a political contribution made or accepted in
  18-25  violation of Subchapter F; or
  18-26              (2)  a political expenditure made in violation of
  18-27  Subchapter F.
   19-1        SECTION 5.  Subchapter C, Chapter 254, Election Code, is
   19-2  amended by adding Section 254.0611 to read as follows:
   19-3        Sec. 254.0611.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
   19-4  JUDICIAL CANDIDATES.  (a)  In addition to the contents required by
   19-5  Sections 254.031 and 254.061, each report by a candidate for a
   19-6  judicial office covered by Subchapter F, Chapter 253, must:
   19-7              (1)  include the total amount of political
   19-8  contributions, including interest or other income, maintained in
   19-9  one or more accounts  in which political contributions are
  19-10  deposited as of the last day of the reporting period;
  19-11              (2)  for each attorney from whom a political
  19-12  contribution is accepted during the reporting period, include the
  19-13  full name and business address of each law firm of which the
  19-14  attorney is a member, if applicable;
  19-15              (3)  include a specific listing of each item of
  19-16  tangible property valued at $500 or more that was purchased with
  19-17  political contributions and on hand as of the last day of the
  19-18  reporting period; and
  19-19              (4)  list political contributions accepted from
  19-20  general-purpose committees separately from political contributions
  19-21  accepted from persons other than general-purpose committees.
  19-22        (b)  In this section, "law firm" and "member" have the
  19-23  meanings assigned by Section 253.152.
  19-24        SECTION 6.  Subchapter D, Chapter 254, Election Code, is
  19-25  amended by adding Section 254.0911 to read as follows:
  19-26        Sec. 254.0911.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
  19-27  JUDICIAL OFFICEHOLDERS.  In addition to the contents required by
   20-1  Sections 254.031 and 254.091, each report by a holder of a judicial
   20-2  office covered by Subchapter F, Chapter 253, must include the
   20-3  contents prescribed by Sections 254.0611(a)(1), (3), and (4).
   20-4        SECTION 7.  Subchapter E, Chapter 254, Election Code, is
   20-5  amended by adding Section 254.1211 to read as follows:
   20-6        Sec. 254.1211.  ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
   20-7  COMMITTEES.  (a)  In addition to the contents required by Sections
   20-8  254.031 and 254.121, each report by a specific-purpose committee
   20-9  for supporting or opposing a candidate for a judicial office
  20-10  covered by Subchapter F, Chapter 253, must include the contents
  20-11  prescribed by Section 254.0611.
  20-12        (b)  In addition to the contents prescribed by Sections
  20-13  254.031 and 254.121, each report by a specific-purpose committee
  20-14  for assisting a holder of a judicial office covered by Subchapter
  20-15  F, Chapter 253, must include the contents prescribed by Sections
  20-16  254.0611(a)(1), (3), and (4).
  20-17        SECTION 8.  Chapter 255, Election Code, is amended by adding
  20-18  Section 255.008 to read as follows:
  20-19        Sec. 255.008.  REQUIRED DISCLOSURE ON POLITICAL ADVERTISING
  20-20  BY CERTAIN JUDICIAL CANDIDATES.  (a)  This section applies only to
  20-21  an office to which Subchapter F, Chapter 253, applies.
  20-22        (b)  Political advertising by a candidate who files a
  20-23  declaration of intent to accept contributions outside the election
  20-24  period or to exceed the limits on contributions, expenditures, and
  20-25  the repayment of personal loans under Section 253.153(a)(2) or a
  20-26  specific-purpose committee for supporting such a candidate must
  20-27  include the following statement:  "Political advertising paid for
   21-1  by (name of candidate or committee), (who or which) has rejected
   21-2  the voluntary limits of the Judicial Campaign Fairness Act."
   21-3        (c)  In political advertising that includes written
   21-4  characters, the disclosure required by this section must be in
   21-5  characters at least as large as the largest characters used in the
   21-6  advertising.
   21-7        (d)  The commission shall adopt rules providing for the
   21-8  minimum duration of the disclosure required by this section in
   21-9  political advertising that appears on television or radio.
  21-10        SECTION 9.  Chapter 21, Government Code, is amended by adding
  21-11  Section 21.010 to read as follows:
  21-12        Sec. 21.010.  DISCLOSURE OF SPECIAL RELATIONSHIP BETWEEN
  21-13  JUDGE AND ATTORNEY.  (a)  In this section, "special relationship"
  21-14  means:
  21-15              (1)  membership by the judge in a law firm that
  21-16  represents a party to the case within the four years preceding the
  21-17  hearing described by Subsection (b);
  21-18              (2)  an investment partnership in which the judge and
  21-19  an attorney are partners; or
  21-20              (3)  a privately held corporation in which the judge
  21-21  and an attorney are shareholders.
  21-22        (b)  The disclosure must be made at the earliest opportunity
  21-23  but not later than the beginning of the first contested hearing in
  21-24  the case before the judge.  A judge shall disclose to the parties
  21-25  any special relationship that the judge has with an attorney
  21-26  representing a party in the case.
  21-27        (c)  A complaint of judicial bias based on a special
   22-1  relationship must be raised at the earliest opportunity after the
   22-2  party learns of the special relationship, must be raised and
   22-3  determined in the manner provided by Rule 18a, Texas Rules of Civil
   22-4  Procedure, and may be raised only by a party named in the case when
   22-5  it is filed.  If a party requests that the judge recuse himself or
   22-6  herself and establishes that a special relationship exists between
   22-7  the judge and an attorney for an opposing party, the judge shall
   22-8  recuse himself or herself.
   22-9        (d)  If a judge is recused because of a special relationship,
  22-10  the judge assigned to hear the case may, before signing a final
  22-11  judgment, review any ruling or order made by the recused judge
  22-12  before the relationship was disclosed.
  22-13        (e)  This section does not apply if grounds for
  22-14  disqualification or recusal exist under:
  22-15              (1)  Section 21.005;
  22-16              (2)  Section 11, Article V, Texas Constitution; or
  22-17              (3)  Rule 18b, Texas Rules of Civil Procedure.
  22-18        SECTION 10.  Chapter 159, Local Government Code, is amended
  22-19  by adding Subchapter C to read as follows:
  22-20                  SUBCHAPTER C.  FINANCIAL DISCLOSURE
  22-21                      BY COUNTY JUDICIAL OFFICERS
  22-22        Sec. 159.051.  DEFINITION.  In this subchapter, "county
  22-23  judicial officer" means the judge of a statutory county court or
  22-24  statutory probate court.
  22-25        Sec. 159.052.  FILING REQUIREMENT.  A county judicial officer
  22-26  or a candidate for office as a county judicial officer shall file
  22-27  with the county clerk or the county elections administrator in a
   23-1  county having that position a financial statement that complies
   23-2  with Sections 572.022 and 572.023, Government Code.
   23-3        Sec. 159.053.  FILING DATES; TIMELINESS OF FILING.  (a)  A
   23-4  county judicial officer shall file the financial statement required
   23-5  by this subchapter within the time prescribed by Section 572.026,
   23-6  Government Code.  A candidate for office as a county judicial
   23-7  officer shall file the financial statement required by this
   23-8  subchapter within the time prescribed by Section 572.027,
   23-9  Government Code.
  23-10        (b)  The timeliness of the filing is governed by Section
  23-11  572.029, Government Code.
  23-12        Sec. 159.054.  PREPARATION AND MAILING OF FORMS.  (a)  The
  23-13  county clerk or county elections administrator may:
  23-14              (1)  design a form to be used for filing the financial
  23-15  statement required by this subchapter; or
  23-16              (2)  require that a form designed by the Texas Ethics
  23-17  Commission under Chapter 572, Government Code, be used for filing
  23-18  the financial statement.
  23-19        (b)  The county clerk or county elections administrator shall
  23-20  mail two copies of the form to each person required to file under
  23-21  this subchapter within the time prescribed by Section 572.030(c),
  23-22  Government Code.
  23-23        Sec. 159.055.  DETERMINATION OF COMPLIANCE WITH SUBCHAPTER.
  23-24  (a)  Not later than the second day after the applicable filing date
  23-25  under Section 159.053, the county clerk or county elections
  23-26  administrator shall be prepared to publicly state whether each
  23-27  person required to file a financial statement under this subchapter
   24-1  has filed a statement in compliance with this subchapter.
   24-2        (b)  If the county clerk or county elections administrator
   24-3  determines that a person has failed to file a financial statement
   24-4  in compliance with this subchapter, the clerk or administrator
   24-5  shall send a written statement of the determination to the district
   24-6  attorney, criminal district attorney, or county attorney, as
   24-7  appropriate.
   24-8        Sec. 159.056.  PUBLIC ACCESS TO STATEMENTS.  (a)  A financial
   24-9  statement filed under this subchapter is a public record.  The
  24-10  county clerk or county elections administrator shall maintain the
  24-11  financial statements in a manner that is accessible to the public
  24-12  during regular business hours.
  24-13        (b)  Until the first anniversary of the date a financial
  24-14  statement is filed, each time a person requests to see the
  24-15  financial statement, excluding the county clerk or county elections
  24-16  administrator or an employee of the clerk or administrator acting
  24-17  on official business, the clerk or administrator shall place in the
  24-18  file a statement of the person's name and address, whom the person
  24-19  represents, and the date of the request.  The county clerk or
  24-20  county elections administrator shall maintain that statement in the
  24-21  file until the first anniversary of the date the financial
  24-22  statement is filed.
  24-23        (c)  After the second anniversary of the date a person ceases
  24-24  to be a county judicial officer, the county clerk or county
  24-25  elections administrator may and on notification from the former
  24-26  officer shall destroy each financial statement filed by the
  24-27  officer.
   25-1        Sec. 159.057.  FAILURE TO FILE; CRIMINAL PENALTY.  (a)  A
   25-2  person commits an offense if the person:
   25-3              (1)  is a county judicial officer or a candidate for
   25-4  office as a county judicial officer; and
   25-5              (2)  knowingly fails to file a financial statement as
   25-6  required by this subchapter.
   25-7        (b)  An offense under this section is a Class B misdemeanor.
   25-8        Sec. 159.058.  FAILURE TO MAINTAIN FILED FINANCIAL
   25-9  STATEMENTS; CRIMINAL PENALTY.  (a)  A county clerk or county
  25-10  elections administrator commits an offense if the clerk or
  25-11  administrator knowingly:
  25-12              (1)  refuses to accept for filing a financial statement
  25-13  under this subchapter; or
  25-14              (2)  fails to maintain a financial statement filed
  25-15  under this subchapter.
  25-16        (b)  Subsection (a)(2) does not apply to a financial
  25-17  statement that is destroyed in compliance with Section 159.056(c).
  25-18        (c)  An offense under this section is a Class A misdemeanor.
  25-19        SECTION 11.  Section 159.032(3), Local Government Code, is
  25-20  amended to read as follows:
  25-21              (3)  "County judicial officer" means a <judge of a
  25-22  statutory county court,> justice of the peace<,> or a master,
  25-23  magistrate, or referee appointed by a justice of the peace <one of
  25-24  those judges>.
  25-25        SECTION 12.  (a)  Sections 1-8 of this Act take effect
  25-26  January 1, 1996.
  25-27        (b)  Subchapter F, Chapter 253, Election Code, as added by
   26-1  this Act, applies only to a political contribution made or accepted
   26-2  or political expenditure made on or after January 1, 1996.  A
   26-3  political contribution made or accepted or political expenditure
   26-4  made before January 1, 1996, is governed by the law in effect on
   26-5  the date the contribution  was made or accepted or the expenditure
   26-6  was made.
   26-7        (c)  Sections 254.0611, 254.0911, and 254.1211, Election
   26-8  Code, as added by this Act, apply to account balances, assets, and
   26-9  debts existing as of January 1, 1996, and to the reporting of a
  26-10  political contribution accepted on or after January 1, 1996.  The
  26-11  reporting of a  political contribution accepted before January 1,
  26-12  1996, is governed by the law in effect on the date it was accepted.
  26-13        SECTION 13.  (a)  For purposes of Subchapter F, Chapter 253,
  26-14  Election Code, as added by this Act, not later than September 15,
  26-15  1995, the secretary of state shall:
  26-16              (1)  deliver to the Texas Ethics Commission a written
  26-17  certification of the population of each judicial district for which
  26-18  a candidate for judge or justice must file a campaign treasurer
  26-19  appointment with the commission; and
  26-20              (2)  deliver to the county clerk of each county a
  26-21  written certification of the county's population, if the county:
  26-22                    (A)  comprises an entire judicial district under
  26-23  Chapter 26, Government Code; or
  26-24                    (B)  has a statutory county court or statutory
  26-25  probate court, other than a multicounty statutory county court
  26-26  created under Subchapter D, Chapter 25, Government Code.
  26-27        (b)  Based on the certification of population under
   27-1  Subsection (a) of this section, the Texas Ethics Commission or
   27-2  county clerk, as appropriate, shall deliver to each candidate for
   27-3  an office covered by Subchapter F, Chapter 253, Election Code, as
   27-4  added by this Act, written notice of the expenditure limits
   27-5  applicable to the office under Section 253.164, Election Code, as
   27-6  added by this Act, not later than the fifth day after the earlier
   27-7  of:
   27-8              (1)  the date the candidate files a  campaign treasurer
   27-9  appointment; or
  27-10              (2)  the date the candidate files the report required
  27-11  to be filed under Chapter 254, Election Code, on January 15, 1996.
  27-12        (c)  In this section, "judicial district" means the territory
  27-13  from which a judicial candidate is elected.
  27-14        (d)  This section takes effect September 1, 1995.
  27-15        SECTION 14.  (a)  Section 21.010, Government Code, as added
  27-16  by this Act, takes effect September 1, 1995.
  27-17        (b)  Section 21.010, Government Code, as added by this Act,
  27-18  applies to all actions, without regard to the date on which the
  27-19  action was commenced, in which the first contested hearing before a
  27-20  judge is on or after September 1, 1995.
  27-21        SECTION 15.  The importance of this legislation and the
  27-22  crowded condition of the calendars in both houses create an
  27-23  emergency and an imperative public necessity that the
  27-24  constitutional rule requiring bills to be read on three several
  27-25  days in each house be suspended, and this rule is hereby suspended.