By:  Ellis, et al.                                      S.B. No. 94
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of political contributions, political
    1-2  expenditures, and political advertising in connection with certain
    1-3  judicial candidates and officeholders and to personal financial
    1-4  statements filed by certain judicial officeholders; providing civil
    1-5  and 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 OF SUBCHAPTER.  This subchapter
   1-11  applies only to a political contribution or political expenditure
   1-12  in connection with the office of:
   1-13              (1)  chief justice or justice, supreme court;
   1-14              (2)  presiding judge or judge, court of criminal
   1-15  appeals;
   1-16              (3)  chief justice or justice, court of appeals;
   1-17              (4)  district judge;
   1-18              (5)  judge, statutory county court; or
   1-19              (6)  judge, statutory probate court.
   1-20        Sec. 253.152.  DEFINITIONS.  In this subchapter:
   1-21              (1)  "Complying candidate" or "complying officeholder"
   1-22  means a judicial candidate who files a declaration of compliance
   1-23  under Section 253.163(a)(1).
   1-24              (2)  "In connection with an election" means:
    2-1                    (A)  with regard to a contribution that is
    2-2  designated in writing for a particular election, the election
    2-3  designated; or
    2-4                    (B)  with regard to a contribution that is not
    2-5  designated in writing for a particular election or that is
    2-6  designated as an officeholder contribution, the next election for
    2-7  that office occurring after the contribution is made.
    2-8              (3)  "Judicial district" means the territory from which
    2-9  a judicial candidate is elected.
   2-10              (4)  "Noncomplying candidate" means a judicial
   2-11  candidate who:
   2-12                    (A)  files a declaration of intent to exceed the
   2-13  limits on expenditures or the use of personal funds under Section
   2-14  253.163(a)(2); or
   2-15                    (B)  files a declaration of compliance under
   2-16  Section 253.163(a)(1) but later exceeds the limits on expenditures
   2-17  or the use of personal funds.
   2-18              (5)  "Statewide judicial office" means the office of
   2-19  chief justice or justice, supreme court, or presiding judge or
   2-20  judge, court of criminal appeals.
   2-21        Sec. 253.153.  CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
   2-22  PERIOD.  (a)  A judicial candidate or officeholder, a
   2-23  specific-purpose committee for supporting or opposing a judicial
   2-24  candidate, or a specific-purpose committee for assisting a judicial
   2-25  officeholder may not knowingly accept a political contribution
   2-26  except during the period:
   2-27              (1)  beginning on:
    3-1                    (A)  the 180th day before the date an application
    3-2  for a place on the ballot or for nomination by convention for the
    3-3  office is required to be filed, if the election is for a full term;
    3-4  or
    3-5                    (B)  the later of the 180th day before the date
    3-6  an application for a place on the ballot or for nomination by
    3-7  convention for the office is required to be filed or the date a
    3-8  vacancy in the office occurs, if the election is for an unexpired
    3-9  term; and
   3-10              (2)  ending on the 120th day after the date of:
   3-11                    (A)  the general election for state and county
   3-12  officers, if the candidate or officeholder has an opponent in the
   3-13  general election; or
   3-14                    (B)  except as provided by Subsection (c), the
   3-15  primary election, if the candidate or officeholder does not have an
   3-16  opponent in the general election.
   3-17        (b)  Subsection (a)(2) does not apply to a political
   3-18  contribution that was made and accepted with the intent that it be
   3-19  used to defray expenses incurred in connection with an election
   3-20  contest.
   3-21        (c)  Notwithstanding Subsection (a)(2), a judicial candidate
   3-22  who does not have an opponent whose name will appear on the ballot
   3-23  or a specific-purpose committee for supporting such a candidate may
   3-24  accept a political contribution after another person files a
   3-25  declaration of write-in candidacy opposing the candidate.
   3-26        (d)  A person who violates this section is liable for a civil
   3-27  penalty not to exceed three times the amount of the political
    4-1  contributions accepted in violation of this section.
    4-2        Sec. 253.154.  WRITE-IN CANDIDACY.  (a)  A write-in candidate
    4-3  for judicial office or a specific-purpose committee for supporting
    4-4  a write-in candidate for judicial office may not knowingly accept a
    4-5  political contribution before the candidate files a declaration of
    4-6  write-in candidacy.
    4-7        (b)  A person who violates this section is liable for a civil
    4-8  penalty not to exceed three times the amount of the political
    4-9  contributions accepted in violation of this section.
   4-10        Sec. 253.155.  CONTRIBUTION LIMITS.  (a)  Except as provided
   4-11  by Subsection (c), a judicial candidate may not knowingly accept
   4-12  political contributions from a person that in the aggregate exceed
   4-13  the limits prescribed by Subsection (b) in connection with each
   4-14  election in which the candidate is involved.
   4-15        (b)  The contribution limits are:
   4-16              (1)  for a statewide judicial office, $5,000; or
   4-17              (2)  for any other judicial office:
   4-18                    (A)  $1,000, if the population of the judicial
   4-19  district is less than 250,000;
   4-20                    (B)  $2,500, if the population of the judicial
   4-21  district is 250,000 to one million; or
   4-22                    (C)  $5,000, if the population of the judicial
   4-23  district is more than one million.
   4-24        (c)  This section does not apply to a political contribution
   4-25  made by a general-purpose committee.
   4-26        (d)  A person who violates this section is liable for a civil
   4-27  penalty not to exceed three times the amount of the political
    5-1  contributions accepted in violation of this section.
    5-2        Sec. 253.156.  CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
    5-3  CONTRIBUTION TO CANDIDATE.  For purposes of Section 253.155, a
    5-4  contribution to a specific-purpose committee for the purpose of
    5-5  supporting a judicial candidate, opposing the candidate's opponent,
    5-6  or assisting the candidate as an officeholder is considered to be a
    5-7  contribution to the candidate.
    5-8        Sec. 253.157.  LIMIT ON CONTRIBUTION BY MEMBER OR
    5-9  GENERAL-PURPOSE COMMITTEE OF LAW FIRM.  (a)  A judicial candidate
   5-10  may not accept a political contribution in excess of $50 from a
   5-11  person if:
   5-12              (1)  the person is a member of a law firm or a
   5-13  general-purpose committee established or controlled by a law firm;
   5-14  and
   5-15              (2)  the contribution when aggregated with all
   5-16  political contributions accepted by the candidate from other
   5-17  members of the law firm or from a general-purpose committee
   5-18  established or controlled by the law firm in connection with the
   5-19  election would exceed six times the applicable contribution limit
   5-20  under Section 253.155.
   5-21        (b)  A candidate who receives a political contribution that
   5-22  violates Subsection (a) shall return the contribution to the
   5-23  contributor not later than the later of:
   5-24              (1)  the last day of the reporting period in which the
   5-25  contribution is received; or
   5-26              (2)  the fifth day after the date the contribution is
   5-27  received.
    6-1        (c)  A candidate who violates this section is liable for a
    6-2  civil penalty not to exceed three times the total amount of
    6-3  political contributions accepted from members of or general-purpose
    6-4  committees established or controlled by the law firm in connection
    6-5  with the election.
    6-6        (d)  For purposes of this section, a general-purpose
    6-7  committee is established or controlled by a law firm if the
    6-8  committee is established or controlled by members of the law firm.
    6-9        (e)  In this section:
   6-10              (1)  "Law firm" means a partnership, limited liability
   6-11  partnership, or professional corporation organized for the practice
   6-12  of law.
   6-13              (2)  "Member" means a partner, associate, shareholder,
   6-14  or employee.
   6-15        Sec. 253.158.  CONTRIBUTION BY SPOUSE OR CHILD CONSIDERED TO
   6-16  BE CONTRIBUTION BY INDIVIDUAL.  (a)  For purposes of Sections
   6-17  253.155 and 253.157, a contribution by the spouse or child of an
   6-18  individual is considered to be a contribution by the individual.
   6-19        (b)  In this section, "child" means a person under 18 years
   6-20  of age who is not and has not been married or who has not had the
   6-21  disabilities of minority removed for general purposes.
   6-22        Sec. 253.159.  AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND
   6-23  DIRECT CAMPAIGN EXPENDITURES BY GENERAL-PURPOSE COMMITTEE.  (a)  A
   6-24  judicial candidate or officeholder or a specific-purpose committee
   6-25  for supporting or opposing a judicial candidate or assisting a
   6-26  judicial officeholder may not knowingly accept a political
   6-27  contribution from a general-purpose committee that, when aggregated
    7-1  with each other political contribution from a general-purpose
    7-2  committee in connection with an election, exceeds 15 percent of the
    7-3  applicable limit on expenditures prescribed by Section 253.167,
    7-4  regardless of whether the limit on expenditures is suspended.
    7-5        (b)  A candidate or officeholder who receives a political
    7-6  contribution that violates Subsection (a) shall return the
    7-7  contribution to the contributor not later than the later of:
    7-8              (1)  the last day of the reporting period in which the
    7-9  contribution is received; or
   7-10              (2)  the fifth day after the date the contribution is
   7-11  received.
   7-12        (c)  For purposes of this section, an expenditure by a
   7-13  general-purpose committee for the purpose of supporting a
   7-14  candidate, for opposing the candidate's opponent, or for assisting
   7-15  the candidate as an officeholder is considered to be a contribution
   7-16  to the candidate unless the campaign treasurer of the
   7-17  general-purpose committee, in an affidavit filed with the authority
   7-18  with whom the candidate's campaign treasurer appointment is
   7-19  required to be filed, states that the committee has not directly or
   7-20  indirectly communicated with the candidate's campaign, including
   7-21  the candidate, an aide to the candidate, a campaign officer, or a
   7-22  campaign consultant, or a specific-purpose committee in regard to a
   7-23  strategic matter, including polling data, advertising, or voter
   7-24  demographics, in connection with the candidate's campaign.
   7-25        (d)  This section does not apply to a political expenditure
   7-26  by the principal political committee of the state executive
   7-27  committee or a county executive committee of a political party that
    8-1  complies with Section 253.170(b).
    8-2        (e)  A person who violates this section is liable for a civil
    8-3  penalty not to exceed three times the amount by which the political
    8-4  contributions accepted in violation of this section exceed the
    8-5  applicable limit prescribed by Subsection (a).
    8-6        Sec. 253.160.  USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
    8-7  PROHIBITED.  (a)  A judicial candidate or officeholder, a
    8-8  specific-purpose committee for supporting or opposing a judicial
    8-9  candidate, or a specific-purpose committee for assisting a judicial
   8-10  officeholder may not use a political contribution to make a
   8-11  campaign expenditure for judicial office or to make an officeholder
   8-12  expenditure in connection with a judicial office if the
   8-13  contribution was accepted while the candidate or officeholder:
   8-14              (1)  was a candidate for an office other than a
   8-15  judicial office; or
   8-16              (2)  held an office other than a judicial office,
   8-17  unless the person had become a candidate for judicial office.
   8-18        (b)  A person who violates this section is liable for a civil
   8-19  penalty not to exceed three times the amount of political
   8-20  contributions used in violation of this section.
   8-21        Sec. 253.161.  LIMIT ON REIMBURSEMENT OF PERSONAL FUNDS.
   8-22  (a)  A judicial candidate or officeholder who makes political
   8-23  expenditures from the person's personal funds may not reimburse the
   8-24  personal funds from political contributions in amounts that in the
   8-25  aggregate exceed, for each election in which the person's name
   8-26  appears on the ballot:
   8-27              (1)  for a statewide judicial office, $100,000; or
    9-1              (2)  for an office other than a statewide judicial
    9-2  office, five times the applicable contribution limit under Section
    9-3  253.155.
    9-4        (b)  A person who is both a candidate and an officeholder may
    9-5  reimburse the person's personal funds only in one capacity.
    9-6        (c)  A person who violates this section is liable for a civil
    9-7  penalty not to exceed three times the amount by which the
    9-8  reimbursement made in violation of this section exceeds the
    9-9  applicable limit prescribed by Subsection (a).
   9-10        Sec. 253.162.  NOTICE REQUIRED FOR CERTAIN POLITICAL
   9-11  EXPENDITURES.  (a)  A person other than a candidate, officeholder,
   9-12  or the principal political committee of the state executive
   9-13  committee or a county executive committee of a political party may
   9-14  not make political expenditures that in the aggregate exceed $5,000
   9-15  for the purpose of supporting or opposing a candidate for an office
   9-16  other than a statewide judicial office or assisting such a
   9-17  candidate as an officeholder unless the person files with the
   9-18  authority with whom a campaign treasurer appointment by a candidate
   9-19  for the office is required to be filed a written declaration of the
   9-20  person's intent to make expenditures that exceed the limit
   9-21  prescribed by this subsection.
   9-22        (b)  A person other than a candidate, officeholder, or the
   9-23  principal political committee of the state executive committee or a
   9-24  county executive committee of a political party may not make
   9-25  political expenditures that in the aggregate exceed $25,000 for the
   9-26  purpose of supporting or opposing a candidate for a statewide
   9-27  judicial office or assisting such a candidate as an officeholder
   10-1  unless the person files with the commission a written declaration
   10-2  of the person's intent to make expenditures that exceed the limit
   10-3  prescribed by this subsection.
   10-4        (c)  A declaration under Subsection (a) or (b) must be filed
   10-5  not later than the earlier of:
   10-6              (1)  the date the person makes the political
   10-7  expenditure that causes the person to exceed the limit prescribed
   10-8  by Subsection (a) or (b); or
   10-9              (2)  the 60th day before the date of the election in
  10-10  connection with which the political expenditures are intended to be
  10-11  made.
  10-12        (d)  A declaration received under Subsection (a) or (b) shall
  10-13  be filed with the records of each judicial candidate or
  10-14  officeholder on whose behalf the person filing the declaration
  10-15  intends to make political expenditures.  If the person intends to
  10-16  make only political expenditures opposing a judicial candidate, the
  10-17  declaration shall be filed with the records of each candidate for
  10-18  the office.
  10-19        (e)  An expenditure made by a political committee or other
  10-20  association that consists only of costs incurred in contacting the
  10-21  committee's or association's membership may be made without the
  10-22  declaration required by Subsection (a) or (b).
  10-23        (f)  For purposes of this section, a person who makes a
  10-24  political expenditure benefitting more than one judicial candidate
  10-25  or judicial officeholder shall, in accordance with rules adopted by
  10-26  the commission, allocate a portion of the expenditure to each
  10-27  candidate or officeholder whom the expenditure benefits in
   11-1  proportion to the benefit received by that candidate or
   11-2  officeholder.  For purposes of this subsection:
   11-3              (1)  a political expenditure for supporting judicial
   11-4  candidates or assisting judicial officeholders benefits each
   11-5  candidate or officeholder supported or assisted; and
   11-6              (2)  a political expenditure for opposing a judicial
   11-7  candidate benefits each opponent of the candidate.
   11-8        (g)  A person who violates this section is liable for a civil
   11-9  penalty not to exceed three times the amount of the political
  11-10  expenditures made in violation of this section.
  11-11        Sec. 253.163.  VOLUNTARY COMPLIANCE.  (a)  When a person
  11-12  becomes a candidate for a judicial office, the person shall file
  11-13  with the authority with whom the candidate's campaign treasurer
  11-14  appointment is required to be filed:
  11-15              (1)  a sworn declaration of compliance stating that the
  11-16  person voluntarily agrees to comply with the limits on expenditures
  11-17  and the use of personal funds prescribed by this subchapter; or
  11-18              (2)  a written declaration of the person's intent to
  11-19  make expenditures or use personal funds that exceed the limits
  11-20  prescribed by this subchapter.
  11-21        (b)  The limits on contributions and on reimbursement of
  11-22  personal funds prescribed by this subchapter apply to complying
  11-23  candidates unless suspended as provided by Section 253.164 or
  11-24  253.169.  The limits on contributions and on reimbursement of
  11-25  personal funds prescribed by this subchapter apply to noncomplying
  11-26  candidates regardless of whether the limits on contributions,
  11-27  expenditures, and reimbursement and use of personal funds are
   12-1  suspended for complying candidates.
   12-2        (c)  A judicial candidate may not knowingly accept a campaign
   12-3  contribution or make or authorize a campaign expenditure before the
   12-4  candidate files a declaration under Subsection (a).
   12-5        (d)  A person who violates Subsection (c) is liable for a
   12-6  civil penalty not to exceed three times the amount of the political
   12-7  contributions or political expenditures made in violation of this
   12-8  section.
   12-9        Sec. 253.164.  EFFECT OF NONCOMPLYING CANDIDATE.  (a)  A
  12-10  complying candidate or a specific-purpose committee for supporting
  12-11  a complying candidate is not required to comply with the limits on
  12-12  contributions, expenditures, and the reimbursement and use of
  12-13  personal funds prescribed by this subchapter if another person
  12-14  becomes a candidate for the same office and:
  12-15              (1)  files a declaration of intent to exceed the limits
  12-16  on expenditures or the use of personal funds under Section
  12-17  253.163(a)(2); or
  12-18              (2)  files a declaration of compliance under Section
  12-19  253.163(a)(1) but later exceeds the limits on expenditures or the
  12-20  use of personal funds.
  12-21        (b)  The executive director of the commission shall issue an
  12-22  order suspending the limits on contributions, expenditures, and the
  12-23  use of personal funds for a specific office not later than the
  12-24  fifth day after the date the executive director determines that:
  12-25              (1)  a person has become a candidate for that office
  12-26  and has filed the declaration of intent to exceed the limits on
  12-27  expenditures or the use of personal funds under Section
   13-1  253.163(a)(2); or
   13-2              (2)  a complying candidate for that office has exceeded
   13-3  the limit on expenditures or the use of personal funds prescribed
   13-4  by this subchapter.
   13-5        (c)  A county clerk who receives a declaration of intent to
   13-6  exceed the limits on expenditures or the use of personal funds
   13-7  under Section 253.163(a)(2) shall deliver a copy of the declaration
   13-8  to the executive director of the commission not later than the
   13-9  fifth day after the date the county clerk receives the declaration.
  13-10  A county clerk who receives a written allegation that a complying
  13-11  candidate has exceeded the limit on expenditures or the use of
  13-12  personal funds shall deliver a copy of the allegation to the
  13-13  executive director not later than the fifth day after the date the
  13-14  county clerk receives the allegation.  The county clerk shall, at
  13-15  no cost to the commission, deliver to the executive director by
  13-16  mail or telephonic facsimile machine copies of documents relevant
  13-17  to the allegation not later than 48 hours after the executive
  13-18  director requests the documents.  A county clerk is required to act
  13-19  under this subsection only in connection with an office for which a
  13-20  campaign treasurer appointment is required to be filed with that
  13-21  county clerk.
  13-22        Sec. 253.165.  BENEFIT TO COMPLYING CANDIDATE.  (a)  A
  13-23  complying candidate is entitled to state on political advertising
  13-24  as provided by Section 255.008 that the candidate complies with the
  13-25  Judicial Campaign Fairness Act, regardless of whether the limits on
  13-26  contributions, expenditures, and the reimbursement and use of
  13-27  personal funds are later suspended.
   14-1        (b)  A noncomplying candidate is not entitled to the benefit
   14-2  provided by this section.
   14-3        Sec. 253.166.  CERTIFICATION OF POPULATION; NOTICE OF
   14-4  CONTRIBUTION AND EXPENDITURE LIMITS.  (a)  For purposes of this
   14-5  subchapter only, not later than June 1 of each odd-numbered year,
   14-6  the secretary of state shall:
   14-7              (1)  deliver to the commission a written certification
   14-8  of the population of each judicial district for which a candidate
   14-9  for judge or justice must file a campaign treasurer appointment
  14-10  with the commission; and
  14-11              (2)  deliver to the county clerk of each county a
  14-12  written certification of the county's population, if the county:
  14-13                    (A)  comprises an entire judicial district under
  14-14  Chapter 26, Government Code; or
  14-15                    (B)  has a statutory county court or statutory
  14-16  probate court, other than a multicounty statutory county court
  14-17  created under Subchapter D, Chapter 25, Government Code.
  14-18        (b)  On receipt of the certification of population under
  14-19  Subsection (a), the commission or county clerk, as appropriate,
  14-20  shall make available to each candidate for an office covered by
  14-21  this subchapter written notice of the contribution and expenditure
  14-22  limits applicable to the office the candidate seeks.
  14-23        Sec. 253.167.  EXPENDITURE LIMITS.  (a)  For each election in
  14-24  which the candidate is involved, a complying candidate may not
  14-25  knowingly make or authorize political expenditures that in the
  14-26  aggregate exceed:
  14-27              (1)  for a statewide judicial office, $2 million;
   15-1              (2)  for the office of chief justice or justice, court
   15-2  of appeals:
   15-3                    (A)  $500,000, if the population of the judicial
   15-4  district is more than one million; or
   15-5                    (B)  $350,000, if the population of the judicial
   15-6  district is one million or less; or
   15-7              (3)  for an office other than an office covered by
   15-8  Subdivision (1) or (2):
   15-9                    (A)  $350,000, if the population of the judicial
  15-10  district is more than one million;
  15-11                    (B)  $200,000, if the population of the judicial
  15-12  district is 250,000 to one million; or
  15-13                    (C)  $100,000, if the population of the judicial
  15-14  district is less than 250,000.
  15-15        (b)  A complying candidate who violates this section is
  15-16  liable for a civil penalty not to exceed three times the amount by
  15-17  which the political expenditures made in violation of this section
  15-18  exceeds the applicable limit prescribed by Subsection (a).
  15-19        Sec. 253.168.  EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
  15-20  EXPENDITURE BY CANDIDATE.  (a)  For purposes of Section 253.167, an
  15-21  expenditure by a specific-purpose committee for the purpose of
  15-22  supporting a candidate, opposing the candidate's opponent, or
  15-23  assisting the candidate as an officeholder is considered to be an
  15-24  expenditure by the candidate unless the candidate, in an affidavit
  15-25  filed with the authority with whom the candidate's campaign
  15-26  treasurer appointment is required to be filed, states that the
  15-27  candidate's campaign, including the candidate, an aide to the
   16-1  candidate, a campaign officer, or a campaign consultant of the
   16-2  candidate, has not directly or indirectly communicated with the
   16-3  committee in regard to a strategic matter, including polling data,
   16-4  advertising, or voter demographics, in connection with the
   16-5  candidate's campaign.
   16-6        (b)  This section applies only to an expenditure as to which
   16-7  the candidate or officeholder receives notice as required by
   16-8  Section 254.128.
   16-9        (c)  An affidavit under this section shall be filed with the
  16-10  next report the candidate or officeholder is required to file under
  16-11  Chapter 254 following receipt of the notice required by Section
  16-12  254.128.
  16-13        Sec. 253.169.  EFFECT OF CERTAIN POLITICAL EXPENDITURES.
  16-14  (a)  A complying candidate for an office other than a statewide
  16-15  judicial office or a specific-purpose committee for supporting such
  16-16  a candidate is not required to comply with the limits on
  16-17  contributions, expenditures, and the reimbursement and use of
  16-18  personal funds prescribed by this subchapter if a person other than
  16-19  the candidate's opponent or the principal political committee of
  16-20  the state executive committee or a county executive committee of a
  16-21  political party makes political expenditures that in the aggregate
  16-22  exceed $5,000 for the purpose of supporting the candidate's
  16-23  opponent, opposing the candidate, or assisting the candidate's
  16-24  opponent as an officeholder.
  16-25        (b)  A complying candidate for a statewide judicial office or
  16-26  a specific-purpose committee for supporting such a candidate is not
  16-27  required to comply with the limits on contributions, expenditures,
   17-1  and the use of personal funds prescribed by this subchapter if a
   17-2  person other than the candidate's opponent or the principal
   17-3  political committee of the state executive committee or a county
   17-4  executive committee of a political party makes political
   17-5  expenditures that in the aggregate exceed $25,000 for the purpose
   17-6  of supporting the candidate's opponent, opposing the candidate, or
   17-7  assisting the candidate's opponent as an officeholder.
   17-8        (c)  The executive director of the commission shall issue an
   17-9  order suspending the limits on contributions, expenditures, and the
  17-10  use of personal funds for a specific office not later than the
  17-11  fifth day after the date the executive director determines that:
  17-12              (1)  a declaration of intent to make expenditures that
  17-13  exceed the limit prescribed by Subsection (a) or (b) is filed in
  17-14  connection with the office as provided by Section 253.162; or
  17-15              (2)  a political expenditure that exceeds the limit
  17-16  prescribed by Subsection (a) or (b) has been made.
  17-17        (d)  A county clerk who receives a declaration of intent to
  17-18  make expenditures that exceed the limit prescribed by Subsection
  17-19  (a) or (b) shall deliver a copy of the declaration to the executive
  17-20  director of the commission not later than the fifth day after the
  17-21  date the county clerk receives the declaration.  A county clerk who
  17-22  receives a written allegation that a person has made a political
  17-23  expenditure that exceeds the limit prescribed by Subsection (a) or
  17-24  (b) shall deliver a copy of the allegation to the executive
  17-25  director not later than the fifth day after the date the county
  17-26  clerk receives the allegation.  The county clerk shall, at no cost
  17-27  to the commission, deliver to the executive director by mail or
   18-1  telephonic facsimile machine copies of documents relevant to the
   18-2  allegation not later than 48 hours after the executive director
   18-3  requests the documents.  A county clerk is required to act under
   18-4  this subsection only in connection with an office for which a
   18-5  campaign treasurer appointment is required to be filed with that
   18-6  county clerk.
   18-7        (e)  An expenditure made by a political committee or other
   18-8  association that consists only of costs incurred in contacting the
   18-9  committee's or association's membership does not count towards the
  18-10  limit prescribed by Subsection (a) or (b).
  18-11        Sec. 253.170.  CONTRIBUTION FROM OR DIRECT CAMPAIGN
  18-12  EXPENDITURE BY POLITICAL PARTY.  (a)  Except as provided by
  18-13  Subsection (b), a political contribution to or a direct campaign
  18-14  expenditure on behalf of a complying candidate that is made by the
  18-15  principal political committee of the state executive committee or a
  18-16  county executive committee of a political party is considered to be
  18-17  a political expenditure by the candidate for purposes of the
  18-18  expenditure limits prescribed by Section 253.167.
  18-19        (b)  Subsection (a) does not apply to a political expenditure
  18-20  for a generic get-out-the-vote campaign or for a written list of
  18-21  two or more candidates that:
  18-22              (1)  identifies the party's candidates by name and
  18-23  office sought, office held, or photograph;
  18-24              (2)  does not include any reference to the judicial
  18-25  philosophy or positions on issues of the party's judicial
  18-26  candidates; and
  18-27              (3)  is not broadcast, cablecast, published in a
   19-1  newspaper or magazine, or placed on a billboard.
   19-2        Sec. 253.171.  RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
   19-3  (a)  A candidate who files a declaration of compliance under
   19-4  Section 253.163(a)(1) who later files a declaration of intent to
   19-5  exceed the limits on expenditures and the use of personal funds
   19-6  under Section 253.163(a)(2) or a specific-purpose committee for
   19-7  supporting such a candidate may not make a political expenditure
   19-8  that causes the person to exceed the applicable limit on
   19-9  expenditures prescribed by Section 253.167 before the 60th day
  19-10  after the date the candidate files the declaration of intent to
  19-11  exceed the limits on expenditures and the use of personal funds.
  19-12        (b)  A person who violates this section is liable for a civil
  19-13  penalty not to exceed three times the amount of political
  19-14  expenditures made in violation of this section.
  19-15        Sec. 253.172.  LIMIT ON USE OF PERSONAL FUNDS.  (a)  A
  19-16  complying candidate may not make, from the candidate's personal
  19-17  funds,  political contributions or political expenditures in
  19-18  connection with the person's own candidacy that in the aggregate
  19-19  exceed, for each election in which the candidate is involved, the
  19-20  applicable limit on reimbursement of personal funds prescribed by
  19-21  Section 253.161.
  19-22        (b)  A complying candidate may reimburse the person's
  19-23  personal funds only as provided by Section 253.161.
  19-24        (c)  A person who violates this section is liable for a civil
  19-25  penalty not to exceed three times the amount by which the political
  19-26  contributions or political expenditures made from personal funds
  19-27  exceed the applicable limit prescribed by Subsection (a).
   20-1        Sec. 253.173.  JUDICIAL CAMPAIGN FAIRNESS FUND.  (a)  The
   20-2  judicial campaign fairness fund is a special account in the general
   20-3  revenue fund.
   20-4        (b)  The judicial campaign fairness fund consists of:
   20-5              (1)  penalties recovered under Section 253.174; and
   20-6              (2)  any gifts or grants received by the commission
   20-7  under Subsection (e).
   20-8        (c)  The judicial campaign fairness fund may be used only
   20-9  for:
  20-10              (1)  voter education projects that relate to judicial
  20-11  campaigns; and
  20-12              (2)  payment of costs incurred in imposing civil
  20-13  penalties under this subchapter.
  20-14        (d)  To the extent practicable, the fund shall be permitted
  20-15  to accumulate until the balance is sufficient to permit the
  20-16  publication of a voter's guide that lists candidates for judicial
  20-17  office, their backgrounds, and similar information.  The commission
  20-18  shall implement this subsection and shall adopt rules under which a
  20-19  candidate must provide information to the commission for inclusion
  20-20  in the voter's guide.  In providing the information, the candidate
  20-21  shall comply with applicable provisions of the Code of Judicial
  20-22  Conduct.  The voter's guide must, to the extent practicable,
  20-23  indicate whether each candidate is a complying candidate or
  20-24  noncomplying candidate, based on declarations filed under Section
  20-25  253.163 or determinations by the executive director or the county
  20-26  clerk, as appropriate, under Section 253.164.  The listing of a
  20-27  noncomplying candidate may not include any information other than
   21-1  the candidate's name and must include a statement that the
   21-2  candidate is not entitled to have complete information about the
   21-3  candidate included in the guide.
   21-4        (e)  The commission may accept gifts and grants for the
   21-5  purposes described by Subsections (c)(1) and (d).  Funds received
   21-6  under this subsection shall be deposited to the credit of the
   21-7  judicial campaign fairness fund.
   21-8        (f)  The judicial campaign fairness fund is exempt from
   21-9  Sections 403.094 and 403.095, Government Code.
  21-10        Sec. 253.174.  CIVIL PENALTY.  (a)  The commission may impose
  21-11  a civil penalty against a person only after a formal hearing as
  21-12  provided by Subchapter E, Chapter 571, Government Code.
  21-13        (b)  The commission shall base the amount of the penalty on:
  21-14              (1)  the seriousness of the violation;
  21-15              (2)  the history of previous violations;
  21-16              (3)  the amount necessary to deter future violations;
  21-17  and
  21-18              (4)  any other matter that justice may require.
  21-19        (c)  A penalty collected under this section shall be
  21-20  deposited to the credit of the judicial campaign fairness fund.
  21-21        SECTION 2.  Sections 253.003, 253.004, and 253.005, Election
  21-22  Code, are amended to read as follows:
  21-23        Sec. 253.003.  Unlawfully Making or Accepting Contribution.
  21-24  (a)  A person may not knowingly make a political contribution in
  21-25  violation of this chapter.
  21-26        (b)  A person may not knowingly accept a political
  21-27  contribution the person knows to have been made in violation of
   22-1  this chapter.
   22-2        (c)  This section does not apply to a political contribution
   22-3  made or accepted in violation of Subchapter F.
   22-4        (d)  Except as provided by Subsection (e) <(d)>, a person who
   22-5  violates this section commits an offense.  An offense under this
   22-6  section is a Class A misdemeanor.
   22-7        (e) <(d)>  A violation of Subsection (a) or (b) is a felony
   22-8  of the third degree if the contribution is made in violation of
   22-9  Subchapter D.
  22-10        Sec. 253.004.  Unlawfully Making Expenditure.  (a)  A person
  22-11  may not knowingly make or authorize a political expenditure in
  22-12  violation of this chapter.
  22-13        (b)  This section does not apply to a political expenditure
  22-14  made or authorized in violation of Subchapter F.
  22-15        (c)  A person who violates this section commits an offense.
  22-16  An offense under this section is a Class A misdemeanor.
  22-17        Sec. 253.005.  Expenditure From Unlawful Contribution.
  22-18  (a)  A person may not knowingly make or authorize a political
  22-19  expenditure wholly or partly from a political contribution the
  22-20  person knows to have been made in violation of this chapter.
  22-21        (b)  This section does not apply to a political expenditure
  22-22  that is:
  22-23              (1)  prohibited by Section 253.101; or
  22-24              (2)  made from a political contribution made in
  22-25  violation of Subchapter F.
  22-26        (c)  A person who violates this section commits an offense.
  22-27  An offense under this section is a Class A misdemeanor.
   23-1        SECTION 3.  Subchapter C, Chapter 254, Election Code, is
   23-2  amended by adding Section 254.0611 to read as follows:
   23-3        Sec. 254.0611.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
   23-4  JUDICIAL CANDIDATES.  (a)  In addition to the contents required by
   23-5  Sections 254.031 and 254.061, each report by a candidate for a
   23-6  judicial office covered by Subchapter F, Chapter 253, must include:
   23-7              (1)  the total amount of political contributions,
   23-8  including interest or other income, maintained in one or more
   23-9  accounts in which political contributions are deposited as of the
  23-10  last day of the reporting period;
  23-11              (2)  for each individual from whom the person filing
  23-12  the report has accepted political contributions that in the
  23-13  aggregate exceed $50 and that are accepted during the reporting
  23-14  period:
  23-15                    (A)  the principal occupation and job title of
  23-16  the individual and the full name of the employer of the individual
  23-17  or of the law firm of which the individual or the individual's
  23-18  spouse is a member, if any; or
  23-19                    (B)  if the individual is a child, the full name
  23-20  of the law firm of which either of the individual's parents is a
  23-21  member, if any;
  23-22              (3)  a specific listing of each asset valued at $500 or
  23-23  more that was purchased with political contributions and on hand as
  23-24  of the last day of the reporting period;
  23-25              (4)  for each political contribution accepted by the
  23-26  person filing the report but not received as of the last day of the
  23-27  reporting period:
   24-1                    (A)  the full name and address of the person
   24-2  making the contribution;
   24-3                    (B)  the amount of the contribution; and
   24-4                    (C)  the date of the contribution; and
   24-5              (5)  for each outstanding loan to the person filing the
   24-6  report as of the last day of the reporting period:
   24-7                    (A)  the full name and address of the person or
   24-8  financial institution making the loan; and
   24-9                    (B)  the full name and address of each guarantor
  24-10  of the loan other than the candidate.
  24-11        (b)  In this section:
  24-12              (1)  "Child" has the meaning assigned by Section
  24-13  253.158.
  24-14              (2)  "Law firm" and "member" have the meanings assigned
  24-15  by Section 253.157.
  24-16        SECTION 4.  Subchapter D, Chapter 254, Election Code, is
  24-17  amended by adding Section 254.0911 to read as follows:
  24-18        Sec. 254.0911.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
  24-19  JUDICIAL OFFICEHOLDERS.  In addition to the contents required by
  24-20  Sections 254.031 and 254.091, each report by a holder of a judicial
  24-21  office covered by Subchapter F, Chapter 253, must include the
  24-22  contents prescribed by Section 254.0611.
  24-23        SECTION 5.  Subchapter E, Chapter 254, Election Code, is
  24-24  amended by adding Section 254.1211 to read as follows:
  24-25        Sec. 254.1211.  ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
  24-26  COMMITTEES.  In addition to the contents required by Sections
  24-27  254.031 and 254.121, each report by a specific-purpose committee
   25-1  for supporting or opposing a candidate for or assisting a holder of
   25-2  a judicial office covered by Subchapter F, Chapter 253, must
   25-3  include the contents prescribed by Section 254.0611.
   25-4        SECTION 6.  Chapter 255, Election Code, is amended by adding
   25-5  Section 255.008 to read as follows:
   25-6        Sec. 255.008.  DISCLOSURE ON POLITICAL ADVERTISING FOR
   25-7  JUDICIAL OFFICE.  (a)  This section applies only to a candidate or
   25-8  political committee covered by Subchapter F, Chapter 253.
   25-9        (b)  Political advertising by a candidate who files a
  25-10  declaration of intent to comply with the limits on expenditures and
  25-11  the use of personal funds under  Subchapter F, Chapter 253, or a
  25-12  specific-purpose committee for supporting such a candidate must
  25-13  include the following statement:  "Political advertising paid for
  25-14  by (name of candidate or committee) in compliance with the
  25-15  voluntary limits of the Judicial Campaign Fairness Act."
  25-16        (c)  Political advertising by a candidate who files a
  25-17  declaration of intent to exceed the limits on expenditures and the
  25-18  use of personal funds under Subchapter F, Chapter 253, or a
  25-19  specific-purpose committee for supporting such a candidate must
  25-20  include the following statement:  "Political advertising paid for
  25-21  by (name of candidate or committee), (who or which) has rejected
  25-22  the voluntary limits of the Judicial Campaign Fairness Act."
  25-23        (d)  The commission shall adopt rules providing for:
  25-24              (1)  the minimum size of the disclosure required by
  25-25  this section in political advertising that appears on television or
  25-26  in writing; and
  25-27              (2)  the minimum duration of the disclosure required by
   26-1  this section in political advertising that appears on television or
   26-2  radio.
   26-3        (e)  A person who violates this section or a rule adopted
   26-4  under this section commits an offense.  An offense under this
   26-5  section is a Class B misdemeanor.
   26-6        SECTION 7.  Chapter 159, Local Government Code, is amended by
   26-7  adding Subchapter C to read as follows:
   26-8                  SUBCHAPTER C.  FINANCIAL DISCLOSURE
   26-9                      BY COUNTY JUDICIAL OFFICERS
  26-10        Sec. 159.051.  DEFINITION. In this subchapter, "county
  26-11  judicial officer" means the judge of a statutory county court or
  26-12  statutory probate court.
  26-13        Sec. 159.052.  FILING REQUIREMENT.  A county judicial officer
  26-14  or a candidate for office as a county judicial officer shall file
  26-15  with the county clerk a financial statement that complies with
  26-16  Sections 572.022 and 572.023, Government Code.
  26-17        Sec. 159.053.  FILING DATES; TIMELINESS OF FILING.  (a)  A
  26-18  county judicial officer shall file the financial statement required
  26-19  by this subchapter within the time prescribed by Section 572.026,
  26-20  Government Code.  A candidate for office as a county judicial
  26-21  officer shall file the financial statement required by this
  26-22  subchapter within the time prescribed by Section 572.027,
  26-23  Government Code.
  26-24        (b)  The timeliness of the filing is governed by Section
  26-25  572.029, Government Code.
  26-26        Sec. 159.054.  PREPARATION OF FORMS.  (a)  The county clerk
  26-27  may:
   27-1              (1)  design a form to be used for filing the financial
   27-2  statement required by this subchapter; or
   27-3              (2)  require that a form designed by the Texas Ethics
   27-4  Commission under Chapter 572, Government Code, be used for filing
   27-5  the financial statement.
   27-6        (b)  The county clerk shall make copies of the form available
   27-7  to each person required to file under this subchapter within the
   27-8  time prescribed by Section 572.030(c), Government Code.
   27-9        Sec. 159.055.  PUBLIC ACCESS TO STATEMENTS.  (a)  A financial
  27-10  statement filed under this subchapter is a public record.  The
  27-11  county clerk shall maintain the financial statements in a manner
  27-12  that is accessible to the public during regular business hours.
  27-13        (b)  Until the first anniversary of the date a financial
  27-14  statement is filed, each time a person requests to see the
  27-15  financial statement, excluding the county clerk or an employee of
  27-16  the county clerk acting on official business, the county clerk
  27-17  shall place in the file a statement of the person's name and
  27-18  address, whom the person represents, and the date of the request.
  27-19  The county clerk shall maintain that statement in the file until
  27-20  the first anniversary of the date the financial statement is filed.
  27-21        (c)  After the second anniversary of the date a person ceases
  27-22  to be a county judicial officer, the county clerk may and on
  27-23  notification from the former officer shall destroy each financial
  27-24  statement filed by the officer.
  27-25        Sec. 159.056.  FAILURE TO FILE; CRIMINAL PENALTY.  (a)  A
  27-26  person commits an offense if the person:
  27-27              (1)  is a county judicial officer or a candidate for
   28-1  office as a county judicial officer; and
   28-2              (2)  knowingly fails to file a financial statement as
   28-3  required by this subchapter.
   28-4        (b)  An offense under this section is a Class B misdemeanor.
   28-5        SECTION 8.  Subdivision (3), Section 159.032, Local
   28-6  Government Code, is amended to read as follows:
   28-7              (3)  "County judicial officer" means a <judge of a
   28-8  statutory county court,> justice of the peace<,> or a master,
   28-9  magistrate, or referee appointed by a justice of the peace <one of
  28-10  those judges>.
  28-11        SECTION 9.  Sections 253.155, 253.156, 253.157, 253.162
  28-12  through 253.170, and 253.172, Election Code, as added by this Act,
  28-13  are not severable, and none would have been enacted without the
  28-14  others.  If any one of those provisions is held invalid, each of
  28-15  those provisions is invalid.
  28-16        SECTION 10.  (a)  If this Act receives the votes required by
  28-17  Section 39, Article III, Texas Constitution, for an effective date
  28-18  before the 91st day after the last day of the legislative session:
  28-19              (1)  Sections 1, 2, 9, 11, and this section of this Act
  28-20  take effect immediately; and
  28-21              (2)  Sections 3, 4, and 5 of this Act take effect July
  28-22  1, 1995.
  28-23        (b)  If this Act does not receive the votes required by
  28-24  Section 39, Article III, Texas Constitution, for an effective date
  28-25  before the 91st day after the last day of the legislative session,
  28-26  Sections 1 through 5, 9, 11, and this section of this Act take
  28-27  effect September 1, 1995.
   29-1        (c)  Sections 6, 7, and 8 of this Act take effect September
   29-2  1, 1995.
   29-3        (d)  Subchapter F, Chapter 253, Election Code, as added by
   29-4  this Act, applies only to a political contribution accepted or
   29-5  political expenditure made on or after the effective date of
   29-6  Section 1 of this Act.  A political contribution accepted or
   29-7  political expenditure made before the effective date of Section 1
   29-8  of this Act is governed by the law in effect on the date the
   29-9  contribution was accepted or the expenditure was made and is not
  29-10  aggregated with political contributions accepted or political
  29-11  expenditures made on or after that date.
  29-12        (e)  Sections 254.0611, 254.0911, and 254.1211, Election
  29-13  Code, as added by this Act, apply to account balances, assets, and
  29-14  debts existing as of the effective date of Sections 3, 4, and 5 of
  29-15  this Act and to the reporting of a political contribution accepted
  29-16  on or after that date.  The reporting of a political contribution
  29-17  accepted before the effective date of Sections 3, 4, and 5 of this
  29-18  Act is governed by the law in effect on the date it was accepted.
  29-19        SECTION 11.  (a)  For purposes of Subchapter F, Chapter 253,
  29-20  Election Code, as added by this Act, not later than the 15th day
  29-21  after the effective date of Section 1 of this Act, the secretary of
  29-22  state shall:
  29-23              (1)  deliver to the Texas Ethics Commission a written
  29-24  certification of the population of each judicial district for which
  29-25  a candidate for judge or justice must file a campaign treasurer
  29-26  appointment with the commission; and
  29-27              (2)  deliver to the county clerk of each county a
   30-1  written certification of the county's population, if the county:
   30-2                    (A)  comprises an entire judicial district under
   30-3  Chapter 26, Government Code; or
   30-4                    (B)  has a statutory county court or statutory
   30-5  probate court, other than a multicounty statutory county court
   30-6  created under Subchapter D, Chapter 25, Government Code.
   30-7        (b)  On receipt of the certification of population under
   30-8  Subsection (a) of this section, the Texas Ethics Commission or
   30-9  county clerk, as appropriate, shall make available to each
  30-10  candidate for an office covered by Subchapter F, Chapter 253,
  30-11  Election Code, as added by this Act, written notice of the
  30-12  contribution limits applicable to the office under Section 253.155,
  30-13  Election Code, as added by this Act, and the expenditure limits
  30-14  applicable to the office under Section 253.167, Election Code, as
  30-15  added by this Act.
  30-16        (c)  In this section, "judicial district" means the territory
  30-17  from which a judicial candidate is elected.
  30-18        SECTION 12.  The importance of this legislation and the
  30-19  crowded condition of the calendars in both houses create an
  30-20  emergency and an imperative public necessity that the
  30-21  constitutional rule requiring bills to be read on three several
  30-22  days in each house be suspended, and this rule is hereby suspended,
  30-23  and that this Act take effect and be in force according to its
  30-24  terms, and it is so enacted.