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.