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.