By Montford S.B. No. 13
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.