By Duncan H.B. No. 926 74R919 ESH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of political contributions and 1-3 expenditures in connection with certain judicial candidates and 1-4 officeholders and to the disclosure by a judge of certain special 1-5 relationships with attorneys; 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 CANDIDATES AND OFFICEHOLDERS 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) "In connection with an election" means: 1-21 (A) with regard to a contribution that is 1-22 designated in writing for a particular election, the election 1-23 designated; or 1-24 (B) with regard to a contribution that is not 2-1 designated in writing for a particular election or that is 2-2 designated as an officeholder contribution, the next election for 2-3 that office occurring after the contribution is made. 2-4 (2) "Law firm" means a partnership or professional 2-5 corporation organized for the practice of law. 2-6 (3) "Member" means a partner, associate, shareholder, 2-7 or employee. 2-8 Sec. 253.153. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION 2-9 PERIOD. (a) A person may not knowingly make or authorize a 2-10 political contribution to a judicial candidate or officeholder, a 2-11 specific-purpose committee for supporting or opposing a judicial 2-12 candidate, or a specific-purpose committee for assisting a judicial 2-13 officeholder except during the period: 2-14 (1) beginning on: 2-15 (A) the 240th day before the date an application 2-16 for a place on the ballot or for nomination by convention for the 2-17 office is required to be filed, if the election is for a full term; 2-18 or 2-19 (B) the later of the 240th day before the date 2-20 an application for a place on the ballot or for nomination by 2-21 convention for the office is required to be filed or the date a 2-22 vacancy in the office occurs, if the election is for an unexpired 2-23 term; and 2-24 (2) ending on: 2-25 (A) the 30th day after the date of: 2-26 (i) the general election for state and 2-27 county officers, if the officeholder or candidate has an opponent 3-1 in the general election; or 3-2 (ii) except as provided by Subsection (c), 3-3 the runoff primary election regardless of whether a runoff is held, 3-4 if the officeholder or candidate has an opponent in the primary 3-5 election but does not have an opponent in the general election; or 3-6 (B) except as provided by Subsection (c), the 3-7 date an application for a place on the ballot or for nomination by 3-8 convention for the office is required to be filed, if the 3-9 officeholder or candidate does not have an opponent in both the 3-10 primary election and the general election. 3-11 (b) A person may not knowingly accept a political 3-12 contribution made or authorized in violation of Subsection (a). 3-13 (c) Notwithstanding Subsections (a)(2)(A)(ii) and (a)(2)(B), 3-14 a person may make a political contribution to a judicial candidate 3-15 or a specific-purpose committee for supporting or opposing a 3-16 judicial candidate after another person files a declaration of 3-17 write-in candidacy opposing the candidate. 3-18 (d) A person who violates this section commits an offense. 3-19 An offense under this section is a Class A misdemeanor. 3-20 Sec. 253.154. WRITE-IN CANDIDACY. (a) A person may not 3-21 knowingly make or authorize a political contribution to a write-in 3-22 candidate for judicial office or a specific-purpose committee for 3-23 supporting or opposing a write-in candidate for judicial office 3-24 before the date the candidate files a declaration of write-in 3-25 candidacy. 3-26 (b) A person may not knowingly accept a political 3-27 contribution made or authorized in violation of Subsection (a). 4-1 (c) A person who violates this section commits an offense. 4-2 An offense under this section is a Class A misdemeanor. 4-3 Sec. 253.155. CONTRIBUTION LIMIT. (a) A person may not 4-4 knowingly make or authorize political contributions to a judicial 4-5 candidate that in the aggregate exceed $5,000 in connection with 4-6 each election in which the candidate is involved. 4-7 (b) A candidate may not knowingly accept a political 4-8 contribution made or authorized in violation of Subsection (a). 4-9 (c) A person who violates this section commits an offense. 4-10 An offense under this section is a Class A misdemeanor. 4-11 Sec. 253.156. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED 4-12 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.155, a 4-13 contribution to a specific-purpose committee for the purpose of 4-14 supporting a judicial candidate, opposing the candidate's opponent, 4-15 or assisting the candidate as an officeholder is considered to be a 4-16 contribution to the candidate. 4-17 Sec. 253.157. PROHIBITION ON CONTRIBUTION BY CERTAIN LAW 4-18 FIRMS AND ATTORNEYS. (a) A law firm may not knowingly make or 4-19 authorize a political contribution to a judicial candidate or 4-20 officeholder if any member of the law firm regularly appears in 4-21 court before a justice or judge to which this subchapter applies. 4-22 (b) A member of a law firm may not knowingly make or 4-23 authorize a political contribution to a judicial candidate or 4-24 officeholder if any member of the law firm regularly appears in 4-25 court before a justice or judge to which this subchapter applies. 4-26 (c) An attorney may not knowingly make or authorize a 4-27 political contribution to a judicial candidate or officeholder if 5-1 the attorney regularly appears in court before a justice or judge 5-2 to which this subchapter applies. 5-3 (d) A candidate or officeholder may not knowingly accept a 5-4 political contribution made or authorized in violation of 5-5 Subsection (a), (b), or (c). 5-6 (e) A person who violates this section commits an offense. 5-7 An offense under this section is a Class A misdemeanor. 5-8 Sec. 253.158. LIMIT ON CONTRIBUTION BY MEMBER OF CERTAIN LAW 5-9 FIRMS. (a) A judicial candidate may not accept a political 5-10 contribution in excess of $50 from an individual if: 5-11 (1) the individual is a member of a law firm other 5-12 than a law firm to which Section 253.157 applies; and 5-13 (2) the contribution, when aggregated with all 5-14 political contributions accepted by the candidate from other 5-15 members of the individual's law firm in connection with the 5-16 election, would exceed $5,000. 5-17 (b) A candidate who receives a political contribution that 5-18 violates Subsection (a) shall return the contribution to the 5-19 contributor. 5-20 Sec. 253.159. MAXIMUM AMOUNT RETAINED IN OFFICEHOLDER 5-21 ACCOUNT. After the date after which an officeholder or candidate 5-22 may not accept a political contribution under Section 253.153, a 5-23 candidate or officeholder: 5-24 (1) may not retain unexpended political contributions 5-25 that in the aggregate exceed: 5-26 (A) $25,000, if the person is not an 5-27 officeholder to which this subchapter applies; or 6-1 (B) an amount equal to $25,000 multiplied by the 6-2 number of years the person has held an office to which this 6-3 subchapter applies, if the person is an officeholder; and 6-4 (2) shall remit any unexpended political contributions 6-5 that exceed the amount prescribed by Subdivision (1) to one or both 6-6 of the following: 6-7 (A) one or more persons from whom political 6-8 contributions were received; or 6-9 (B) a recognized tax-exempt, charitable 6-10 organization formed for educational, religious, or scientific 6-11 purposes. 6-12 SECTION 2. Chapter 21, Government Code, is amended by 6-13 adding Section 21.010 to read as follows: 6-14 Sec. 21.010. DISCLOSURE OF SPECIAL RELATIONSHIP BETWEEN 6-15 JUDGE AND ATTORNEY. (a) In this section, "special relationship" 6-16 means: 6-17 (1) a financial or business relationship, including: 6-18 (A) membership by the judge in a law firm that 6-19 represents a party to the case, without regard to when the 6-20 membership ceased; 6-21 (B) an investment partnership in which the judge 6-22 and an attorney are partners; or 6-23 (C) a privately held corporation in which the 6-24 judge and an attorney are shareholders; or 6-25 (2) a political relationship, including political 6-26 contributions aggregating more than $500 in the preceding two 6-27 years, made by an attorney or law firm to the judge or a 7-1 specific-purpose committee, as defined by Section 251.001, Election 7-2 Code, for supporting the judge. 7-3 (b) A judge shall, at the earliest opportunity but not later 7-4 than the 10th day after the date a case is assigned to the judge, 7-5 disclose to the parties any special relationship that the judge has 7-6 with an attorney representing a party. 7-7 (c) A complaint of judicial bias based on a special 7-8 relationship must be raised at the earliest opportunity after the 7-9 party learns of the special relationship and must be raised and 7-10 determined in the manner provided by Rule 18a, Texas Rules of Civil 7-11 Procedure. If a party establishes that a special relationship 7-12 exists between the judge and an attorney for an opposing party, the 7-13 judge shall be disqualified. 7-14 (d) If a judge is disqualified or recused because of a 7-15 special relationship, the judge assigned to hear the case may, 7-16 before signing a final judgment, review any ruling or order made by 7-17 the disqualified or recused judge before the relationship was 7-18 disclosed. 7-19 (e) This section does not apply if grounds for 7-20 disqualification or recusal exist under: 7-21 (1) Section 21.005; 7-22 (2) Section 11, Article V, Texas Constitution; or 7-23 (3) Rule 18b, Texas Rules of Civil Procedure. 7-24 SECTION 3. (a) Section 1 of this Act takes effect January 7-25 1, 1996. 7-26 (b) Subchapter F, Chapter 253, Election Code, as added by 7-27 this Act, applies only to a political contribution accepted or a 8-1 political expenditure made on or after January 1, 1996. A 8-2 political contribution accepted or a political expenditure made 8-3 before January 1, 1996, is governed by the law in effect on the 8-4 date the contribution was accepted or the expenditure was made. 8-5 SECTION 4. (a) Section 2 of this Act takes effect September 8-6 1, 1995. 8-7 (b) Section 21.010, Government Code, as added by this Act, 8-8 applies to all actions, without regard to the date on which the 8-9 action was commenced, in which, on September 1, 1995, no final 8-10 judgment has been entered. 8-11 SECTION 5. The importance of this legislation and the 8-12 crowded condition of the calendars in both houses create an 8-13 emergency and an imperative public necessity that the 8-14 constitutional rule requiring bills to be read on three several 8-15 days in each house be suspended, and this rule is hereby suspended.