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.