By Madden, Denny H.B. No. 262
74R661 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of political contributions and political
1-3 expenditures in connection with certain judicial candidates and
1-4 officeholders and to personal financial statements filed by certain
1-5 judicial officeholders; providing criminal penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 253, Election Code, is amended by adding
1-8 Subchapter F to read as follows:
1-9 SUBCHAPTER F. JUDICIAL CAMPAIGN FAIRNESS ACT
1-10 Sec. 253.151. APPLICABILITY. This subchapter applies only
1-11 to a candidate for or holder of the office of:
1-12 (1) chief justice or justice, supreme court;
1-13 (2) presiding judge or judge, court of criminal
1-14 appeals;
1-15 (3) chief justice or justice, court of appeals;
1-16 (4) district judge;
1-17 (5) judge, statutory county court; or
1-18 (6) judge, statutory probate court.
1-19 Sec. 253.152. DEFINITIONS. In this subchapter:
1-20 (1) "Complying candidate" or "complying officeholder"
1-21 means a judicial candidate who files a declaration of compliance
1-22 under Section 253.153(a)(1).
1-23 (2) "In connection with an election" means:
1-24 (A) with regard to a contribution that is
2-1 designated in writing for a particular election, the election
2-2 designated; or
2-3 (B) with regard to a contribution that is not
2-4 designated in writing for a particular election or that is
2-5 designated as an officeholder contribution, the next election for
2-6 that office occurring after the contribution is made.
2-7 (3) "Judicial district" means the territory from which
2-8 a judicial candidate is elected.
2-9 (4) "Law firm" means a partnership or professional
2-10 corporation organized for the practice of law.
2-11 (5) "Noncomplying candidate" means:
2-12 (A) a judicial candidate who files a declaration
2-13 of intent to exceed the limits on contributions, expenditures, and
2-14 the repayment of personal loans under Section 253.153(a)(2); or
2-15 (B) a complying candidate who exceeds the limits
2-16 on contributions, expenditures, or the repayment of personal loans.
2-17 Sec. 253.153. VOLUNTARY COMPLIANCE. (a) When a person
2-18 becomes a candidate for a judicial office, the person must file
2-19 with the authority with whom the candidate's campaign treasurer
2-20 appointment is required to be filed:
2-21 (1) a sworn declaration of compliance stating that the
2-22 person voluntarily agrees to comply with the limits on
2-23 contributions, expenditures, and the repayment of personal loans
2-24 prescribed by this subchapter; or
2-25 (2) a written declaration of the person's intent to
2-26 accept contributions, make expenditures, or repay personal loans
2-27 that exceed the limits prescribed by this subchapter.
3-1 (b) A judicial candidate may not knowingly accept a campaign
3-2 contribution or make or authorize a campaign expenditure before the
3-3 candidate files a declaration under Subsection (a).
3-4 Sec. 253.154. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
3-5 complying candidate or a specific-purpose committee for supporting
3-6 a complying candidate is not required to comply with the limits on
3-7 contributions, expenditures, and the repayment of personal loans
3-8 prescribed by this subchapter if another person becomes a candidate
3-9 for the same office and:
3-10 (1) files a declaration of intent to exceed the limits
3-11 on contributions, expenditures, and the repayment of personal loans
3-12 under Section 253.153(a)(2); or
3-13 (2) files a declaration of compliance under Section
3-14 253.153(a)(1) but later exceeds the limits on contributions,
3-15 expenditures, or the repayment of personal loans.
3-16 (b) The executive director of the commission or the county
3-17 clerk, as appropriate, shall issue an order suspending the limits
3-18 on contributions, expenditures, and the repayment of personal loans
3-19 for a specific office not later than the 10th day after the date
3-20 the executive director or county clerk determines that:
3-21 (1) a person has become a candidate for that office
3-22 and has filed a declaration of intent to exceed the limits on
3-23 contributions, expenditures, and the repayment of personal loans
3-24 under Section 253.153(a)(2); or
3-25 (2) a complying candidate for that office has exceeded
3-26 the limit on contributions, expenditures, or the repayment of
3-27 personal loans prescribed by this subchapter.
4-1 (c) The executive director may issue an order under
4-2 Subsection (b) only in connection with an office for which a
4-3 candidate files a campaign treasurer appointment with the
4-4 commission. A county clerk may issue an order under Subsection (b)
4-5 only in connection with an office for which a candidate files a
4-6 campaign treasurer appointment with the county clerk.
4-7 Sec. 253.155. BENEFIT TO COMPLYING CANDIDATE. (a) A
4-8 complying candidate is entitled to:
4-9 (1) state on political advertising that the candidate
4-10 complies with the Judicial Campaign Fairness Act, regardless of
4-11 whether the limits on contributions, expenditures, and the
4-12 repayment of personal loans are later suspended; and
4-13 (2) state, on political advertising or otherwise, that
4-14 the candidate's opponent does not comply with the Judicial Campaign
4-15 Fairness Act, if the opponent is a noncomplying candidate.
4-16 (b) A noncomplying candidate is not entitled to the benefit
4-17 provided by this section.
4-18 Sec. 253.156. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
4-19 PERIOD. (a) Except as provided by Subsection (c), a person may
4-20 not knowingly make or authorize a political contribution to a
4-21 complying candidate, a complying officeholder, a specific-purpose
4-22 committee for supporting or opposing a complying candidate, or a
4-23 specific-purpose committee for assisting a complying officeholder
4-24 except during the period:
4-25 (1) beginning on:
4-26 (A) the 180th day before the date an application
4-27 for a place on the ballot or for nomination by convention for the
5-1 office is required to be filed, if the election is for a full term;
5-2 or
5-3 (B) the later of the 180th day before the date
5-4 an application for a place on the ballot or for nomination by
5-5 convention for the office is required to be filed or the date a
5-6 vacancy in the office occurs, if the election is for an unexpired
5-7 term; and
5-8 (2) ending on:
5-9 (A) if the candidate, officeholder, or committee
5-10 does not have unpaid debt in connection with the campaign, the
5-11 120th day after the date of the general election for state and
5-12 county officers;
5-13 (B) if the candidate, officeholder, or committee
5-14 has unpaid debt in connection with the campaign, the earlier of:
5-15 (i) the date on which all debt in
5-16 connection with the campaign is paid; or
5-17 (ii) the 180th day after the date of the
5-18 general election for state and county officers; or
5-19 (C) if the election is contested, the 120th day
5-20 after the date on which:
5-21 (i) the election contest is settled; or
5-22 (ii) the judgment in the election contest
5-23 is final.
5-24 (b) A person may not knowingly accept a political
5-25 contribution made or authorized in violation of Subsection (a).
5-26 (c) A complying officeholder may make an officeholder
5-27 contribution to himself or a specific-purpose committee for
6-1 supporting himself at any time but may not exceed the limit
6-2 prescribed by Section 253.166.
6-3 Sec. 253.157. WRITE-IN CANDIDACY. (a) A person may not
6-4 knowingly make or authorize a political contribution to a write-in
6-5 candidate for judicial office or a specific-purpose committee for
6-6 supporting or opposing a write-in candidate for judicial office
6-7 before the candidate files a declaration of write-in candidacy.
6-8 (b) A person may not knowingly accept a political
6-9 contribution made or authorized in violation of Subsection (a).
6-10 Sec. 253.158. CONTRIBUTION LIMITS. (a) Except as provided
6-11 by Subsection (e), a person may not knowingly make or authorize
6-12 political contributions to a complying candidate that in the
6-13 aggregate exceed the limits prescribed by Subsection (b) or (c) in
6-14 connection with each election in which the candidate is involved.
6-15 (b) For contributions made by an individual, the
6-16 contribution limits are:
6-17 (1) for the office of chief justice or justice,
6-18 supreme court, or presiding judge or judge, court of criminal
6-19 appeals, $5,000;
6-20 (2) for the office of chief justice or justice, court
6-21 of appeals, $2,500; or
6-22 (3) for an office other than an office covered by
6-23 Subdivision (1) or (2), $1,000.
6-24 (c) For contributions made by a political committee or a law
6-25 firm, the contribution limits are:
6-26 (1) for the office of chief justice or justice,
6-27 supreme court, or presiding judge or judge, court of criminal
7-1 appeals, $25,000;
7-2 (2) for the office of chief justice or justice, court
7-3 of appeals, $10,000; or
7-4 (3) for an office other than an office covered by
7-5 Subdivision (1) or (2), $5,000.
7-6 (d) A complying candidate may not knowingly accept a
7-7 political contribution made or authorized in violation of
7-8 Subsection (a).
7-9 (e) This section does not apply to a political contribution
7-10 made by the principal political committee of the state executive
7-11 committee or a county executive committee of a political party.
7-12 Sec. 253.159. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
7-13 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.158, a
7-14 contribution to a specific-purpose committee for the purpose of
7-15 supporting a complying candidate, opposing the candidate's
7-16 opponent, or assisting the candidate as an officeholder is
7-17 considered to be a contribution to the candidate.
7-18 Sec. 253.160. LIMIT ON CONTRIBUTION BY MEMBER OF LAW FIRM.
7-19 (a) A complying candidate may not accept a political contribution
7-20 in excess of $125 from an individual if:
7-21 (1) the individual is a member of a law firm; and
7-22 (2) the contribution, when aggregated with all
7-23 political contributions accepted by the candidate from other
7-24 members of the law firm in connection with the election, would
7-25 exceed five times the applicable contribution limit under Section
7-26 253.158(c).
7-27 (b) A candidate who receives a political contribution that
8-1 violates Subsection (a) shall return the contribution to the
8-2 contributor.
8-3 (c) In this section, "member" means a partner, associate,
8-4 shareholder, or employee.
8-5 Sec. 253.161. EXCEPTION TO CONTRIBUTION LIMITS. Sections
8-6 253.158 and 253.160 do not apply to an individual who is related to
8-7 the candidate or officeholder within the second degree by
8-8 consanguinity, as determined by Chapter 573, Government Code.
8-9 Sec. 253.162. CERTIFICATION OF POPULATION; NOTICE OF
8-10 EXPENDITURE LIMITS. (a) For purposes of this subchapter only, not
8-11 later than July 15 of each odd-numbered year, the secretary of
8-12 state shall:
8-13 (1) deliver to the commission a written certification
8-14 of the population of each judicial district for which a candidate
8-15 for judge or justice must file a campaign treasurer appointment
8-16 with the commission; and
8-17 (2) deliver to the county clerk of each county a
8-18 written certification of the county's population, if the county:
8-19 (A) comprises an entire judicial district under
8-20 Chapter 26, Government Code; or
8-21 (B) has a statutory county court or statutory
8-22 probate court, other than a multicounty statutory county court
8-23 created under Subchapter D, Chapter 25, Government Code.
8-24 (b) Based on the certification of population under
8-25 Subsection (a), the commission or county clerk, as appropriate,
8-26 shall deliver to each candidate for an office covered by this
8-27 subchapter written notice of the expenditure limits applicable to
9-1 the office the candidate seeks not later than the fifth day after
9-2 the later of:
9-3 (1) the date the candidate files a campaign treasurer
9-4 appointment; or
9-5 (2) the date the candidate files the report required
9-6 to be filed under Chapter 254 on January 15 of the year in which
9-7 the election occurs.
9-8 Sec. 253.163. EXPENDITURE LIMITS. For each election in
9-9 which the candidate is involved, a complying candidate may not
9-10 knowingly make or authorize campaign expenditures that in the
9-11 aggregate exceed:
9-12 (1) for the office of chief justice or justice,
9-13 supreme court, or presiding judge or judge, court of criminal
9-14 appeals, $2 million;
9-15 (2) for the office of chief justice or justice, court
9-16 of appeals:
9-17 (A) $500,000, if the population of the judicial
9-18 district is more than one million; or
9-19 (B) $350,000, if the population of the judicial
9-20 district is one million or less; or
9-21 (3) for an office other than an office covered by
9-22 Subdivision (1) or (2):
9-23 (A) $350,000, if the population of the judicial
9-24 district is more than 750,000;
9-25 (B) $200,000, if the population of the judicial
9-26 district is 250,000 to 750,000; or
9-27 (C) $100,000, if the population of the judicial
10-1 district is less than 250,000.
10-2 Sec. 253.164. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
10-3 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.163, an
10-4 expenditure by a specific-purpose committee for the purpose of
10-5 supporting a candidate, opposing the candidate's opponent, or
10-6 assisting the candidate as an officeholder is considered to be an
10-7 expenditure by the candidate unless:
10-8 (1) the candidate, in an affidavit filed with the
10-9 commission, states that the candidate's campaign, including the
10-10 candidate, a campaign officer, or a campaign consultant of the
10-11 candidate has not directly or indirectly communicated with the
10-12 committee in regard to a strategic matter, including polling data,
10-13 advertising, or voter demographics, in connection with the
10-14 candidate's campaign; or
10-15 (2) the candidate does not receive notice of the
10-16 expenditure as provided by Section 254.128.
10-17 (b) For purposes of Section 253.163, an expenditure by a
10-18 general-purpose committee for the purpose of supporting a
10-19 candidate, opposing the candidate's opponent, or assisting the
10-20 candidate as an officeholder is considered to be an expenditure by
10-21 the candidate if the candidate authorizes the expenditure before it
10-22 is made.
10-23 Sec. 253.165. LIMIT ON REPAYMENT OF PERSONAL LOANS. (a) A
10-24 complying candidate or complying officeholder who obtains one or
10-25 more personal loans in connection with the person's candidacy for
10-26 an office covered by this subchapter may not repay the loans from
10-27 political contributions in amounts that in the aggregate exceed:
11-1 (1) for the office of chief justice or justice,
11-2 supreme court, or presiding judge or judge, court of criminal
11-3 appeals, $500,000;
11-4 (2) for the office of chief justice or justice, court
11-5 of appeals, $250,000; or
11-6 (3) for an office other than an office covered by
11-7 Subdivision (1) or (2):
11-8 (A) $100,000, if the population of the judicial
11-9 district is more than 750,000;
11-10 (B) $50,000, if the population of the judicial
11-11 district is 250,000 to 750,000; or
11-12 (C) $25,000, if the population of the judicial
11-13 district is less than 250,000.
11-14 (b) The limits prescribed by Subsection (a) apply with
11-15 respect to each election cycle in which the candidate or
11-16 officeholder is involved.
11-17 (c) A person who is both a candidate and an officeholder may
11-18 repay a personal loan obtained in connection with the person's
11-19 candidacy only in one capacity.
11-20 (d) In this section:
11-21 (1) "Election cycle" means the primary election,
11-22 runoff primary election, if any, and general election for the
11-23 office.
11-24 (2) "Personal loan" means a loan that the candidate or
11-25 officeholder is personally liable to repay, without regard to
11-26 whether another person is also liable.
11-27 Sec. 253.166. MAXIMUM AMOUNT RETAINED IN OFFICEHOLDER
12-1 ACCOUNT. After the date after which a complying candidate may not
12-2 accept a political contribution under Section 253.156, a complying
12-3 officeholder:
12-4 (1) may not retain unexpended political contributions
12-5 that in the aggregate exceed:
12-6 (A) for the office of chief justice or justice,
12-7 supreme court, or presiding judge or judge, court of criminal
12-8 appeals, $100,000;
12-9 (B) for the office of chief justice or justice,
12-10 court of appeals, $50,000; or
12-11 (C) for an office other than an office covered
12-12 by Subdivision (1) or (2), $15,000; and
12-13 (2) shall remit any unexpended political contributions
12-14 that exceed the amount prescribed by Subdivision (1) to one or both
12-15 of the following:
12-16 (A) one or more persons from whom political
12-17 contributions were received; or
12-18 (B) a recognized tax-exempt, charitable
12-19 organization formed for educational, religious, or scientific
12-20 purposes.
12-21 SECTION 2. Sections 253.003, 253.004, and 253.005, Election
12-22 Code, are amended to read as follows:
12-23 Sec. 253.003. Unlawfully Making or Accepting Contribution.
12-24 (a) A person may not knowingly make a political contribution in
12-25 violation of this chapter.
12-26 (b) A person may not knowingly accept a political
12-27 contribution the person knows to have been made in violation of
13-1 this chapter.
13-2 (c) This section does not apply to a political contribution
13-3 made or accepted in violation of Subchapter F.
13-4 (d) Except as provided by Subsection (e) <(d)>, a person who
13-5 violates this section commits an offense. An offense under this
13-6 section is a Class A misdemeanor.
13-7 (e) <(d)> A violation of Subsection (a) or (b) is a felony
13-8 of the third degree if the contribution is made in violation of
13-9 Subchapter D.
13-10 Sec. 253.004. Unlawfully Making Expenditure. (a) A person
13-11 may not knowingly make or authorize a political expenditure in
13-12 violation of this chapter.
13-13 (b) This section does not apply to a political expenditure
13-14 made or authorized in violation of Subchapter F.
13-15 (c) A person who violates this section commits an offense.
13-16 An offense under this section is a Class A misdemeanor.
13-17 Sec. 253.005. Expenditure From Unlawful Contribution. (a)
13-18 A person may not knowingly make or authorize a political
13-19 expenditure wholly or partly from a political contribution the
13-20 person knows to have been made in violation of this chapter.
13-21 (b) This section does not apply to a political expenditure
13-22 that is:
13-23 (1) prohibited by Section 253.101; or
13-24 (2) made from a political contribution made in
13-25 violation of Subchapter F.
13-26 (c) A person who violates this section commits an offense.
13-27 An offense under this section is a Class A misdemeanor.
14-1 SECTION 3. Subchapter E, Chapter 253, Election Code, is
14-2 amended by adding Section 253.135 to read as follows:
14-3 Sec. 253.135. NONAPPLICABILITY TO CERTAIN CONTRIBUTIONS AND
14-4 EXPENDITURES IN CONNECTION WITH JUDICIAL OFFICES. This subchapter
14-5 does not apply to:
14-6 (1) a political contribution made or accepted in
14-7 violation of Subchapter F; or
14-8 (2) a political expenditure made in violation of
14-9 Subchapter F.
14-10 SECTION 4. Subchapter C, Chapter 254, Election Code, is
14-11 amended by adding Section 254.0611 to read as follows:
14-12 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
14-13 JUDICIAL CANDIDATES. (a) In addition to the contents required by
14-14 Sections 254.031 and 254.061, each report by a candidate for a
14-15 judicial office covered by Subchapter F, Chapter 253, must:
14-16 (1) include the total amount of political
14-17 contributions, including interest or other income, maintained in
14-18 one or more political funds accounts as of the last day of the
14-19 reporting period;
14-20 (2) for each attorney from whom a political
14-21 contribution is accepted during the reporting period, include the
14-22 full name and business address of the law firm of which the
14-23 attorney is a member, if applicable;
14-24 (3) include a specific listing of each item of
14-25 tangible property valued at $500 or more that was purchased with
14-26 political contributions and on hand as of the last day of the
14-27 reporting period; and
15-1 (4) list political contributions accepted from
15-2 general-purpose committees separately from political contributions
15-3 accepted from persons other than general-purpose committees.
15-4 (b) In this section:
15-5 (1) "Law firm" has the meaning assigned by Section
15-6 253.152.
15-7 (2) "Member" has the meaning assigned by Section
15-8 253.160.
15-9 SECTION 5. Subchapter D, Chapter 254, Election Code, is
15-10 amended by adding Section 254.0911 to read as follows:
15-11 Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
15-12 JUDICIAL OFFICEHOLDERS. In addition to the contents required by
15-13 Sections 254.031 and 254.091, each report by a holder of a judicial
15-14 office covered by Subchapter F, Chapter 253, must include the
15-15 contents prescribed by Section 254.0611.
15-16 SECTION 6. Subchapter E, Chapter 254, Election Code, is
15-17 amended by adding Section 254.1211 to read as follows:
15-18 Sec. 254.1211. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
15-19 COMMITTEES. In addition to the contents required by Sections
15-20 254.031 and 254.121, each report by a specific-purpose committee
15-21 for supporting or opposing a candidate for or assisting a holder of
15-22 a judicial office covered by Subchapter F, Chapter 253, must
15-23 include the contents prescribed by Section 254.0611.
15-24 SECTION 7. Chapter 159, Local Government Code, is amended by
15-25 adding Subchapter C to read as follows:
15-26 SUBCHAPTER C. FINANCIAL DISCLOSURE
15-27 BY COUNTY JUDICIAL OFFICERS
16-1 Sec. 159.051. DEFINITION. In this subchapter, "county
16-2 judicial officer" means the judge of a statutory county court or
16-3 statutory probate court.
16-4 Sec. 159.052. FILING REQUIREMENT. A county judicial officer
16-5 or a candidate for office as a county judicial officer shall file
16-6 with the county clerk a financial statement that complies with
16-7 Sections 572.022 and 572.023, Government Code.
16-8 Sec. 159.053. FILING DATES; TIMELINESS OF FILING. (a) A
16-9 county judicial officer shall file the financial statement required
16-10 by this subchapter within the time prescribed by Section 572.026,
16-11 Government Code. A candidate for office as a county judicial
16-12 officer shall file the financial statement required by this
16-13 subchapter within the time prescribed by Section 572.027,
16-14 Government Code.
16-15 (b) The timeliness of the filing is governed by Section
16-16 572.029, Government Code.
16-17 Sec. 159.054. PREPARATION AND MAILING OF FORMS. (a) The
16-18 county clerk may:
16-19 (1) design a form to be used for filing the financial
16-20 statement required by this subchapter; or
16-21 (2) require that a form designed by the Texas Ethics
16-22 Commission under Chapter 572, Government Code, be used for filing
16-23 the financial statement.
16-24 (b) The county clerk shall mail two copies of the form to
16-25 each person required to file under this subchapter within the time
16-26 prescribed by Section 572.030(c), Government Code.
16-27 Sec. 159.055. DETERMINATION OF COMPLIANCE WITH SUBCHAPTER.
17-1 (a) The county clerk shall conduct a continuing survey to
17-2 determine whether each person required to file a financial
17-3 statement under this subchapter has filed a statement in compliance
17-4 with this subchapter.
17-5 (b) If the county clerk determines that a person has failed
17-6 to file a financial statement in compliance with this subchapter,
17-7 the clerk shall send a written statement of the determination to
17-8 the district attorney, criminal district attorney, or county
17-9 attorney, as appropriate.
17-10 Sec. 159.056. PUBLIC ACCESS TO STATEMENTS. (a) A financial
17-11 statement filed under this subchapter is a public record. The
17-12 county clerk shall maintain the financial statements in separate
17-13 alphabetical files and in a manner that is accessible to the public
17-14 during regular business hours.
17-15 (b) Until the first anniversary of the date a financial
17-16 statement is filed, each time a person requests to see the
17-17 financial statement, excluding the county clerk or an employee of
17-18 the county clerk acting on official business, the county clerk
17-19 shall place in the file a statement of the person's name and
17-20 address, whom the person represents, and the date of the request.
17-21 The county clerk shall maintain that statement in the file until
17-22 the first anniversary of the date the financial statement is filed.
17-23 (c) After the second anniversary of the date a person ceases
17-24 to be a county judicial officer, the county clerk may and on
17-25 notification from the former officer shall destroy each financial
17-26 statement filed by the officer.
17-27 Sec. 159.057. FAILURE TO FILE; CRIMINAL PENALTY. (a) A
18-1 person commits an offense if the person:
18-2 (1) is a county judicial officer or a candidate for
18-3 office as a county judicial officer; and
18-4 (2) knowingly fails to file a financial statement as
18-5 required by this subchapter.
18-6 (b) An offense under this section is a Class B misdemeanor.
18-7 Sec. 159.058. FAILURE TO MAINTAIN FILED FINANCIAL
18-8 STATEMENTS; CRIMINAL PENALTY. (a) A county clerk commits an
18-9 offense if the county clerk knowingly:
18-10 (1) refuses to accept for filing a financial statement
18-11 under this subchapter; or
18-12 (2) fails to maintain a financial statement filed
18-13 under this subchapter.
18-14 (b) Subsection (a)(2) does not apply to a financial
18-15 statement that is destroyed in compliance with Section 159.056(c).
18-16 (c) An offense under this section is a Class B misdemeanor.
18-17 SECTION 8. Section 159.032(3), Local Government Code, is
18-18 amended to read as follows:
18-19 (3) "County judicial officer" means a <judge of a
18-20 statutory county court,> justice of the peace<,> or a master,
18-21 magistrate, or referee appointed by a justice of the peace <one of
18-22 those judges>.
18-23 SECTION 9. (a) Sections 1-8 of this Act take effect January
18-24 1, 1996.
18-25 (b) Subchapter F, Chapter 253, Election Code, as added by
18-26 this Act, applies only to a political contribution made or accepted
18-27 or political expenditure made on or after January 1, 1996. A
19-1 political contribution made or accepted or political expenditure
19-2 made before January 1, 1996, is governed by the law in effect on
19-3 the date the contribution was made or accepted or the expenditure
19-4 was made.
19-5 (c) Sections 254.0611, 254.0911, and 254.1211, Election
19-6 Code, as added by this Act, apply to account balances, assets, and
19-7 debts existing as of January 1, 1996, and to the reporting of a
19-8 political contribution accepted on or after January 1, 1996. The
19-9 reporting of a political contribution accepted before January 1,
19-10 1996, is governed by the law in effect on the date it was accepted.
19-11 SECTION 10. (a) For purposes of Subchapter F, Chapter 253,
19-12 Election Code, as added by this Act, not later than September 15,
19-13 1995, the secretary of state shall:
19-14 (1) deliver to the Texas Ethics Commission a written
19-15 certification of the population of each judicial district for which
19-16 a candidate for judge or justice must file a campaign treasurer
19-17 appointment with the commission; and
19-18 (2) deliver to the county clerk of each county a
19-19 written certification of the county's population, if the county:
19-20 (A) comprises an entire judicial district under
19-21 Chapter 26, Government Code; or
19-22 (B) has a statutory county court or statutory
19-23 probate court, other than a multicounty statutory county court
19-24 created under Subchapter D, Chapter 25, Government Code.
19-25 (b) Based on the certification of population under
19-26 Subsection (a) of this section, the Texas Ethics Commission or
19-27 county clerk, as appropriate, shall deliver to each candidate for
20-1 an office covered by Subchapter F, Chapter 253, Election Code, as
20-2 added by this Act, written notice of the expenditure limits
20-3 applicable to the office under Section 253.163, Election Code, as
20-4 added by this Act, not later than the fifth day after the earlier
20-5 of:
20-6 (1) the date the candidate files a campaign treasurer
20-7 appointment; or
20-8 (2) the date the candidate files the report required
20-9 to be filed under Chapter 254, Election Code, on January 15, 1996.
20-10 (c) In this section, "judicial district" means the territory
20-11 from which a judicial candidate is elected.
20-12 (d) This section takes effect September 1, 1995.
20-13 SECTION 11. The importance of this legislation and the
20-14 crowded condition of the calendars in both houses create an
20-15 emergency and an imperative public necessity that the
20-16 constitutional rule requiring bills to be read on three several
20-17 days in each house be suspended, and this rule is hereby suspended.