74R13016 ESH-D
          By Ellis, et al.                                        S.B. No. 94
          Substitute the following for S.B. No. 94:
          By Madden                                           C.S.S.B. No. 94
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of political contributions, political
    1-3  expenditures, and political advertising in connection with certain
    1-4  judicial candidates and officeholders and to personal financial
    1-5  statements filed by certain judicial officeholders; providing civil
    1-6  and criminal penalties.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Chapter 253, Election Code, is amended by adding
    1-9  Subchapter F to read as follows:
   1-10             SUBCHAPTER F.  JUDICIAL CAMPAIGN FAIRNESS ACT
   1-11        Sec. 253.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter
   1-12  applies only to a political contribution or political expenditure
   1-13  in connection with the office of:
   1-14              (1)  chief justice or justice, supreme court;
   1-15              (2)  presiding judge or judge, court of criminal
   1-16  appeals;
   1-17              (3)  chief justice or justice, court of appeals;
   1-18              (4)  district judge;
   1-19              (5)  judge, statutory county court; or
   1-20              (6)  judge, statutory probate court.
   1-21        Sec. 253.152.  DEFINITIONS.  In this subchapter:
   1-22              (1)  "Complying candidate" or "complying officeholder"
   1-23  means a judicial candidate who files a declaration of compliance
   1-24  under Section 253.164(a)(1).
    2-1              (2)  "In connection with an election" means:
    2-2                    (A)  with regard to a contribution that is
    2-3  designated in writing for a particular election, the election
    2-4  designated; or
    2-5                    (B)  with regard to a contribution that is not
    2-6  designated in writing for a particular election or that is
    2-7  designated as an officeholder contribution, the next election for
    2-8  that office occurring after the contribution is made.
    2-9              (3)  "Judicial district" means the territory from which
   2-10  a judicial candidate is elected.
   2-11              (4)  "Noncomplying candidate" means a judicial
   2-12  candidate who:
   2-13                    (A)  files a declaration of intent to exceed the
   2-14  limits on expenditures under Section 253.164(a)(2);
   2-15                    (B)  files a declaration of compliance under
   2-16  Section 253.164(a)(1) but later exceeds the limits on expenditures;
   2-17  or
   2-18                    (C)  violates Section 253.173 or 253.174.
   2-19              (5)  "Statewide judicial office" means the office of
   2-20  chief justice or justice, supreme court, or presiding judge or
   2-21  judge, court of criminal appeals.
   2-22        Sec. 253.153.  CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
   2-23  PERIOD.  (a)  A judicial candidate or officeholder, a
   2-24  specific-purpose committee for supporting or opposing a judicial
   2-25  candidate, or a specific-purpose committee for assisting a judicial
   2-26  officeholder may not knowingly accept a political contribution
   2-27  except during the period:
    3-1              (1)  beginning on:
    3-2                    (A)  the 180th day before the date an application
    3-3  for a place on the ballot or for nomination by convention for the
    3-4  office is required to be filed, if the election is for a full term;
    3-5  or
    3-6                    (B)  the later of the 180th day before the date
    3-7  an application for a place on the ballot or for nomination by
    3-8  convention for the office is required to be filed or the date a
    3-9  vacancy in the office occurs, if the election is for an unexpired
   3-10  term; and
   3-11              (2)  ending on the 120th day after the date of:
   3-12                    (A)  the general election for state and county
   3-13  officers, if the candidate or officeholder has an opponent in the
   3-14  general election; or
   3-15                    (B)  except as provided by Subsection (c), the
   3-16  primary election, if the candidate or officeholder does not have an
   3-17  opponent in the general election.
   3-18        (b)  Subsection (a)(2) does not apply to a political
   3-19  contribution that was made and accepted with the intent that it be
   3-20  used to defray expenses incurred in connection with an election
   3-21  contest.
   3-22        (c)  Notwithstanding Subsection (a)(2), a judicial candidate
   3-23  who does not have an opponent whose name will appear on the ballot
   3-24  or a specific-purpose committee for supporting such a candidate may
   3-25  accept a political contribution after another person files a
   3-26  declaration of write-in candidacy opposing the candidate.
   3-27        (d)  A person who violates this section is liable for a civil
    4-1  penalty not to exceed three times the amount of the political
    4-2  contributions accepted in violation of this section.
    4-3        Sec. 253.154.  WRITE-IN CANDIDACY.  (a)  A write-in candidate
    4-4  for judicial office or a specific-purpose committee for supporting
    4-5  a write-in candidate for judicial office may not knowingly accept a
    4-6  political contribution before the candidate files a declaration of
    4-7  write-in candidacy.
    4-8        (b)  A person who violates this section is liable for a civil
    4-9  penalty not to exceed three times the amount of the political
   4-10  contributions accepted in violation of this section.
   4-11        Sec. 253.155.  CONTRIBUTION LIMITS.  (a)  Except as provided
   4-12  by Subsection (c), a judicial candidate may not knowingly accept
   4-13  political contributions from a person that in the aggregate exceed
   4-14  the limits prescribed by Subsection (b) in connection with each
   4-15  election in which the candidate is involved.
   4-16        (b)  The contribution limits are:
   4-17              (1)  for a statewide judicial office, $5,000; or
   4-18              (2)  for any other judicial office:
   4-19                    (A)  $1,000, if the population of the judicial
   4-20  district is less than 250,000;
   4-21                    (B)  $2,500, if the population of the judicial
   4-22  district is 250,000 to one million; or
   4-23                    (C)  $5,000, if the population of the judicial
   4-24  district is more than one million.
   4-25        (c)  This section does not apply to a political contribution
   4-26  made by a general-purpose committee.
   4-27        (d)  For purposes of this section, a contribution by a law
    5-1  firm whose members are each members of a second law firm is
    5-2  considered to be a contribution by the law firm that has members
    5-3  other than the members the firms have in common.
    5-4        (e)  A person who violates this section is liable for a civil
    5-5  penalty not to exceed three times the amount of the political
    5-6  contributions accepted in violation of this section.
    5-7        Sec. 253.156.  CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
    5-8  CONTRIBUTION TO CANDIDATE.  For purposes of Section 253.155, a
    5-9  contribution to a specific-purpose committee for the purpose of
   5-10  supporting a judicial candidate, opposing the candidate's opponent,
   5-11  or assisting the candidate as an officeholder is considered to be a
   5-12  contribution to the candidate.
   5-13        Sec. 253.157.  LIMIT ON CONTRIBUTION BY MEMBER OR
   5-14  GENERAL-PURPOSE COMMITTEE OF LAW FIRM.  (a)  A judicial candidate
   5-15  may not accept a political contribution in excess of $50 from a
   5-16  person if:
   5-17              (1)  the person is a member of a law firm or a
   5-18  general-purpose committee established or controlled by a law firm;
   5-19  and
   5-20              (2)  the contribution when aggregated with all
   5-21  political contributions accepted by the candidate from other
   5-22  members of the law firm or from a general-purpose committee
   5-23  established or controlled by the law firm in connection with the
   5-24  election would exceed six times the applicable contribution limit
   5-25  under Section 253.155.
   5-26        (b)  A candidate who receives a political contribution that
   5-27  violates Subsection (a) shall return the contribution to the
    6-1  contributor not later than the later of:
    6-2              (1)  the last day of the reporting period in which the
    6-3  contribution is received; or
    6-4              (2)  the fifth day after the date the contribution is
    6-5  received.
    6-6        (c)  A candidate who fails to return a political contribution
    6-7  as required by Subsection (b) is liable for a civil penalty not to
    6-8  exceed three times the total amount of political contributions
    6-9  accepted from members of or general-purpose committees established
   6-10  or controlled by the law firm in connection with the election.
   6-11        (d)  For purposes of this section, a general-purpose
   6-12  committee is established or controlled by a law firm if the
   6-13  committee is established or controlled by members of the law firm.
   6-14        (e)  In this section:
   6-15              (1)  "Law firm" means a partnership, limited liability
   6-16  partnership, or professional corporation organized for the practice
   6-17  of law.
   6-18              (2)  "Member" means a partner, associate, shareholder,
   6-19  employee, or person designated "of counsel" or "of the firm".
   6-20        Sec. 253.158.  CONTRIBUTION BY SPOUSE OR CHILD CONSIDERED TO
   6-21  BE CONTRIBUTION BY INDIVIDUAL.  (a)  For purposes of Sections
   6-22  253.155 and 253.157, a contribution by the spouse or child of an
   6-23  individual is considered to be a contribution by the individual.
   6-24        (b)  In this section, "child" means a person under 18 years
   6-25  of age who is not and has not been married or who has not had the
   6-26  disabilities of minority removed for general purposes.
   6-27        Sec. 253.159.  EXCEPTION TO CONTRIBUTION LIMITS.  Sections
    7-1  253.155 and 253.157 do not apply to an individual who is related to
    7-2  the candidate or officeholder within the second degree by
    7-3  consanguinity, as determined under Subchapter B, Chapter 573,
    7-4  Government Code.
    7-5        Sec. 253.160.  AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND
    7-6  DIRECT CAMPAIGN EXPENDITURES BY GENERAL-PURPOSE COMMITTEE.  (a)  A
    7-7  judicial candidate or officeholder or a specific-purpose committee
    7-8  for supporting or opposing a judicial candidate or assisting a
    7-9  judicial officeholder may not knowingly accept a political
   7-10  contribution from a general-purpose committee that, when aggregated
   7-11  with each other political contribution from a general-purpose
   7-12  committee in connection with an election, exceeds 15 percent of the
   7-13  applicable limit on expenditures prescribed by Section 253.168,
   7-14  regardless of whether the limit on expenditures is suspended.
   7-15        (b)  A candidate or officeholder who receives a political
   7-16  contribution that violates Subsection (a) shall return the
   7-17  contribution to the contributor not later than the later of:
   7-18              (1)  the last day of the reporting period in which the
   7-19  contribution is received; or
   7-20              (2)  the fifth day after the date the contribution is
   7-21  received.
   7-22        (c)  For purposes of this section, an expenditure by a
   7-23  general-purpose committee for the purpose of supporting a
   7-24  candidate, for opposing the candidate's opponent, or for assisting
   7-25  the candidate as an officeholder is considered to be a contribution
   7-26  to the candidate unless the campaign treasurer of the
   7-27  general-purpose committee, in an affidavit filed with the authority
    8-1  with whom the candidate's campaign treasurer appointment is
    8-2  required to be filed, states that the committee has not directly or
    8-3  indirectly communicated with the candidate's campaign, including
    8-4  the candidate, an aide to the candidate, a campaign officer, or a
    8-5  campaign consultant, or a specific-purpose committee in regard to a
    8-6  strategic matter, including polling data, advertising, or voter
    8-7  demographics, in connection with the candidate's campaign.
    8-8        (d)  This section does not apply to a political expenditure
    8-9  by the principal political committee of the state executive
   8-10  committee or a county executive committee of a political party that
   8-11  complies with Section 253.171(b).
   8-12        (e)  A person who violates this section is liable for a civil
   8-13  penalty not to exceed three times the amount by which the political
   8-14  contributions accepted in violation of this section exceed the
   8-15  applicable limit prescribed by Subsection (a).
   8-16        Sec. 253.161.  USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
   8-17  PROHIBITED.  (a)  A judicial candidate or officeholder, a
   8-18  specific-purpose committee for supporting or opposing a judicial
   8-19  candidate, or a specific-purpose committee for assisting a judicial
   8-20  officeholder may not use a political contribution to make a
   8-21  campaign expenditure for judicial office or to make an officeholder
   8-22  expenditure in connection with a judicial office if the
   8-23  contribution was accepted while the candidate or officeholder:
   8-24              (1)  was a candidate for an office other than a
   8-25  judicial office; or
   8-26              (2)  held an office other than a judicial office,
   8-27  unless the person had become a candidate for judicial office.
    9-1        (b)  A person who violates this section is liable for a civil
    9-2  penalty not to exceed three times the amount of political
    9-3  contributions used in violation of this section.
    9-4        Sec. 253.162.  RESTRICTIONS ON REIMBURSEMENT OF PERSONAL
    9-5  FUNDS AND PAYMENTS ON CERTAIN LOANS.  (a)  A judicial candidate or
    9-6  officeholder who makes political expenditures from the person's
    9-7  personal funds may not reimburse the personal funds from political
    9-8  contributions in amounts that in the aggregate exceed, for each
    9-9  election in which the person's name appears on the ballot:
   9-10              (1)  for a statewide judicial office, $100,000; or
   9-11              (2)  for an office other than a statewide judicial
   9-12  office, five times the applicable contribution limit under Section
   9-13  253.155.
   9-14        (b)  A judicial candidate or officeholder who accepts one or
   9-15  more political contributions in the form of loans, including an
   9-16  extension of credit or a guarantee of a loan or extension of
   9-17  credit, from one or more persons related to the candidate or
   9-18  officeholder within the second degree by consanguinity, as
   9-19  determined under Subchapter B, Chapter 573, Government Code, may
   9-20  not use political contributions to repay the loans.
   9-21        (c)  A person who is both a candidate and an officeholder may
   9-22  reimburse the person's personal funds only in one capacity.
   9-23        (d)  A person who violates this section is liable for a civil
   9-24  penalty not to exceed three times the amount by which the
   9-25  reimbursement made in violation of this section exceeds the
   9-26  applicable limit prescribed by Subsection (a).
   9-27        Sec. 253.163.  NOTICE REQUIRED FOR CERTAIN POLITICAL
   10-1  EXPENDITURES.  (a)  A person other than a candidate, officeholder,
   10-2  or the principal political committee of the state executive
   10-3  committee or a county executive committee of a political party may
   10-4  not make political expenditures that in the aggregate exceed $5,000
   10-5  for the purpose of supporting or opposing a candidate for an office
   10-6  other than a statewide judicial office or assisting such a
   10-7  candidate as an officeholder unless the person files with the
   10-8  authority with whom a campaign treasurer appointment by a candidate
   10-9  for the office is required to be filed a written declaration of the
  10-10  person's intent to make expenditures that exceed the limit
  10-11  prescribed by this subsection.
  10-12        (b)  A person other than a candidate, officeholder, or the
  10-13  principal political committee of the state executive committee or a
  10-14  county executive committee of a political party may not make
  10-15  political expenditures that in the aggregate exceed $25,000 for the
  10-16  purpose of supporting or opposing a candidate for a statewide
  10-17  judicial office or assisting such a candidate as an officeholder
  10-18  unless the person files with the commission a written declaration
  10-19  of the person's intent to make expenditures that exceed the limit
  10-20  prescribed by this subsection.
  10-21        (c)  A declaration under Subsection (a) or (b) must be filed
  10-22  not later than the earlier of:
  10-23              (1)  the date the person makes the political
  10-24  expenditure that causes the person to exceed the limit prescribed
  10-25  by Subsection (a) or (b); or
  10-26              (2)  the 60th day before the date of the election in
  10-27  connection with which the political expenditures are intended to be
   11-1  made.
   11-2        (d)  A declaration received under Subsection (a) or (b) shall
   11-3  be filed with the records of each judicial candidate or
   11-4  officeholder on whose behalf the person filing the declaration
   11-5  intends to make political expenditures.  If the person intends to
   11-6  make only political expenditures opposing a judicial candidate, the
   11-7  declaration shall be filed with the records of each candidate for
   11-8  the office.
   11-9        (e)  An expenditure made by a political committee or other
  11-10  association that consists only of costs incurred in contacting the
  11-11  committee's or association's membership may be made without the
  11-12  declaration required by Subsection (a) or (b).
  11-13        (f)  For purposes of this section, a person who makes a
  11-14  political expenditure benefitting more than one judicial candidate
  11-15  or judicial officeholder shall, in accordance with rules adopted by
  11-16  the commission, allocate a portion of the expenditure to each
  11-17  candidate or officeholder whom the expenditure benefits in
  11-18  proportion to the benefit received by that candidate or
  11-19  officeholder.  For purposes of this subsection:
  11-20              (1)  a political expenditure for supporting judicial
  11-21  candidates or assisting judicial officeholders benefits each
  11-22  candidate or officeholder supported or assisted; and
  11-23              (2)  a political expenditure for opposing a judicial
  11-24  candidate benefits each opponent of the candidate.
  11-25        (g)  A person who violates this section is liable for a civil
  11-26  penalty not to exceed three times the amount of the political
  11-27  expenditures made in violation of this section.
   12-1        Sec. 253.164.  VOLUNTARY COMPLIANCE.  (a)  When a person
   12-2  becomes a candidate for a judicial office, the person shall file
   12-3  with the authority with whom the candidate's campaign treasurer
   12-4  appointment is required to be filed:
   12-5              (1)  a sworn declaration of compliance stating that the
   12-6  person voluntarily agrees to comply with the limits on expenditures
   12-7  prescribed by this subchapter; or
   12-8              (2)  a written declaration of the person's intent to
   12-9  make expenditures that exceed the limits prescribed by this
  12-10  subchapter.
  12-11        (b)  The limits on contributions and on reimbursement of
  12-12  personal funds prescribed by this subchapter apply to complying
  12-13  candidates unless suspended as provided by Section 253.165 or
  12-14  253.170.  The limits on contributions and on reimbursement of
  12-15  personal funds prescribed by this subchapter apply to noncomplying
  12-16  candidates regardless of whether the limits on contributions,
  12-17  expenditures, and reimbursement of personal funds are suspended for
  12-18  complying candidates.
  12-19        (c)  A judicial candidate may not knowingly accept a campaign
  12-20  contribution or make or authorize a campaign expenditure before the
  12-21  candidate files a declaration under Subsection (a).
  12-22        (d)  A person who violates Subsection (c) is liable for a
  12-23  civil penalty not to exceed three times the amount of the political
  12-24  contributions or political expenditures made in violation of this
  12-25  section.
  12-26        Sec. 253.165.  EFFECT OF NONCOMPLYING CANDIDATE.  (a)  A
  12-27  complying candidate or a specific-purpose committee for supporting
   13-1  a complying candidate is not required to comply with the limits on
   13-2  contributions, expenditures, and the reimbursement of personal
   13-3  funds prescribed by this subchapter if another person becomes a
   13-4  candidate for the same office and:
   13-5              (1)  files a declaration of intent to exceed the limits
   13-6  on expenditures under Section 253.164(a)(2);
   13-7              (2)  files a declaration of compliance under Section
   13-8  253.164(a)(1) but later exceeds the limits on expenditures; or
   13-9              (3)  violates Section 253.173 or 253.174.
  13-10        (b)  The executive director of the commission shall issue an
  13-11  order suspending the limits on contributions and expenditures for a
  13-12  specific office not later than the fifth day after the date the
  13-13  executive director determines that:
  13-14              (1)  a person has become a candidate for that office
  13-15  and has filed the declaration of intent to exceed the limits on
  13-16  expenditures under Section 253.164(a)(2);
  13-17              (2)  a complying candidate for that office has exceeded
  13-18  the limit on expenditures prescribed by this subchapter; or
  13-19              (3)  a candidate for that office has violated Section
  13-20  253.173 or 253.174.
  13-21        (c)  A county clerk who receives a declaration of intent to
  13-22  exceed the limits on expenditures under Section 253.164(a)(2) shall
  13-23  deliver a copy of the declaration to the executive director of the
  13-24  commission not later than the fifth day after the date the county
  13-25  clerk receives the declaration.  A county clerk who receives a
  13-26  written allegation that a complying candidate has exceeded the
  13-27  limit on expenditures or that a candidate has engaged in conduct
   14-1  prohibited by Section 253.173 or 253.174 shall deliver a copy of
   14-2  the allegation to the executive director not later than the fifth
   14-3  day after the date the county clerk receives the allegation.  The
   14-4  county clerk shall, at no cost to the commission, deliver to the
   14-5  executive director by mail or telephonic facsimile machine copies
   14-6  of documents relevant to the allegation not later than 48 hours
   14-7  after the executive director requests the documents.  A county
   14-8  clerk is required to act under this subsection only in connection
   14-9  with an office for which a campaign treasurer appointment is
  14-10  required to be filed with that county clerk.
  14-11        Sec. 253.166.  BENEFIT TO COMPLYING CANDIDATE.  (a)  A
  14-12  complying candidate is entitled to state on political advertising
  14-13  as provided by Section 255.008 that the candidate complies with the
  14-14  Judicial Campaign Fairness Act, regardless of whether the limits on
  14-15  contributions, expenditures, and the reimbursement of personal
  14-16  funds are later suspended.
  14-17        (b)  A noncomplying candidate is not entitled to the benefit
  14-18  provided by this section.
  14-19        Sec. 253.167.  CERTIFICATION OF POPULATION; NOTICE OF
  14-20  CONTRIBUTION AND EXPENDITURE LIMITS.  (a)  For purposes of this
  14-21  subchapter only, not later than June 1 of each odd-numbered year,
  14-22  the secretary of state shall:
  14-23              (1)  deliver to the commission a written certification
  14-24  of the population of each judicial district for which a candidate
  14-25  for judge or justice must file a campaign treasurer appointment
  14-26  with the commission; and
  14-27              (2)  deliver to the county clerk of each county a
   15-1  written certification of the county's population, if the county:
   15-2                    (A)  comprises an entire judicial district under
   15-3  Chapter 26, Government Code; or
   15-4                    (B)  has a statutory county court or statutory
   15-5  probate court, other than a multicounty statutory county court
   15-6  created under Subchapter D, Chapter 25, Government Code.
   15-7        (b)  On receipt of the certification of population under
   15-8  Subsection (a), the commission or county clerk, as appropriate,
   15-9  shall make available to each candidate for an office covered by
  15-10  this subchapter written notice of the contribution and expenditure
  15-11  limits applicable to the office the candidate seeks.
  15-12        Sec. 253.168.  EXPENDITURE LIMITS.  (a)  For each election in
  15-13  which the candidate is involved, a complying candidate may not
  15-14  knowingly make or authorize political expenditures that in the
  15-15  aggregate exceed:
  15-16              (1)  for a statewide judicial office, $2 million;
  15-17              (2)  for the office of chief justice or justice, court
  15-18  of appeals:
  15-19                    (A)  $500,000, if the population of the judicial
  15-20  district is more than one million; or
  15-21                    (B)  $350,000, if the population of the judicial
  15-22  district is one million or less; or
  15-23              (3)  for an office other than an office covered by
  15-24  Subdivision (1) or (2):
  15-25                    (A)  $350,000, if the population of the judicial
  15-26  district is more than one million;
  15-27                    (B)  $200,000, if the population of the judicial
   16-1  district is 250,000 to one million; or
   16-2                    (C)  $100,000, if the population of the judicial
   16-3  district is less than 250,000.
   16-4        (b)  A complying candidate who violates this section is
   16-5  liable for a civil penalty not to exceed three times the amount by
   16-6  which the political expenditures made in violation of this section
   16-7  exceed the applicable limit prescribed by Subsection (a).
   16-8        Sec. 253.169.  EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
   16-9  EXPENDITURE BY CANDIDATE.  (a)  For purposes of Section 253.168, an
  16-10  expenditure by a specific-purpose committee for the purpose of
  16-11  supporting a candidate, opposing the candidate's opponent, or
  16-12  assisting the candidate as an officeholder is considered to be an
  16-13  expenditure by the candidate unless the candidate, in an affidavit
  16-14  filed with the authority with whom the candidate's campaign
  16-15  treasurer appointment is required to be filed, states that the
  16-16  candidate's campaign, including the candidate, an aide to the
  16-17  candidate, a campaign officer, or a campaign consultant of the
  16-18  candidate, has not directly or indirectly communicated with the
  16-19  committee in regard to a strategic matter, including polling data,
  16-20  advertising, or voter demographics, in connection with the
  16-21  candidate's campaign.
  16-22        (b)  This section applies only to an expenditure as to which
  16-23  the candidate or officeholder receives notice as required by
  16-24  Section 254.128.
  16-25        (c)  An affidavit under this section shall be filed with the
  16-26  next report the candidate or officeholder is required to file under
  16-27  Chapter 254 following receipt of the notice required by Section
   17-1  254.128.
   17-2        Sec. 253.170.  EFFECT OF CERTAIN POLITICAL EXPENDITURES.
   17-3  (a)  A complying candidate for an office other than a statewide
   17-4  judicial office or a specific-purpose committee for supporting such
   17-5  a candidate is not required to comply with the limits on
   17-6  contributions, expenditures, and the reimbursement of personal
   17-7  funds prescribed by this subchapter if a person other than the
   17-8  candidate's opponent or the principal political committee of the
   17-9  state executive committee or a county executive committee of a
  17-10  political party makes political expenditures that in the aggregate
  17-11  exceed $5,000 for the purpose of supporting the candidate's
  17-12  opponent, opposing the candidate, or assisting the candidate's
  17-13  opponent as an officeholder.
  17-14        (b)  A complying candidate for a statewide judicial office or
  17-15  a specific-purpose committee for supporting such a candidate is not
  17-16  required to comply with the limits on contributions, expenditures,
  17-17  and the reimbursement of personal funds prescribed by this
  17-18  subchapter if a person other than the candidate's opponent or the
  17-19  principal political committee of the state executive committee or a
  17-20  county executive committee of a political party makes political
  17-21  expenditures that in the aggregate exceed $25,000 for the purpose
  17-22  of supporting the candidate's opponent, opposing the candidate, or
  17-23  assisting the candidate's opponent as an officeholder.
  17-24        (c)  The executive director of the commission shall issue an
  17-25  order suspending the limits on contributions, expenditures, and the
  17-26  reimbursement of personal funds for a specific office not later
  17-27  than the fifth day after the date the executive director determines
   18-1  that:
   18-2              (1)  a declaration of intent to make expenditures that
   18-3  exceed the limit prescribed by Subsection (a) or (b) is filed in
   18-4  connection with the office as provided by Section 253.163; or
   18-5              (2)  a political expenditure that exceeds the limit
   18-6  prescribed by Subsection (a) or (b) has been made.
   18-7        (d)  A county clerk who receives a declaration of intent to
   18-8  make expenditures that exceed the limit prescribed by Subsection
   18-9  (a) or (b) shall deliver a copy of the declaration to the executive
  18-10  director of the commission not later than the fifth day after the
  18-11  date the county clerk receives the declaration.  A county clerk who
  18-12  receives a written allegation that a person has made a political
  18-13  expenditure that exceeds the limit prescribed by Subsection (a) or
  18-14  (b) shall deliver a copy of the allegation to the executive
  18-15  director not later than the fifth day after the date the county
  18-16  clerk receives the allegation.  The county clerk shall, at no cost
  18-17  to the commission, deliver to the executive director by mail or
  18-18  telephonic facsimile machine copies of documents relevant to the
  18-19  allegation not later than 48 hours after the executive director
  18-20  requests the documents.  A county clerk is required to act under
  18-21  this subsection only in connection with an office for which a
  18-22  campaign treasurer appointment is required to be filed with that
  18-23  county clerk.
  18-24        (e)  An expenditure made by a political committee or other
  18-25  association that consists only of costs incurred in contacting the
  18-26  committee's or association's membership does not count towards the
  18-27  limit prescribed by Subsection (a) or (b).
   19-1        Sec. 253.171.  CONTRIBUTION FROM OR DIRECT CAMPAIGN
   19-2  EXPENDITURE BY POLITICAL PARTY.  (a)  Except as provided by
   19-3  Subsection (b), a political contribution to or a direct campaign
   19-4  expenditure on behalf of a complying candidate that is made by the
   19-5  principal political committee of the state executive committee or a
   19-6  county executive committee of a political party is considered to be
   19-7  a political expenditure by the candidate for purposes of the
   19-8  expenditure limits prescribed by Section 253.168.
   19-9        (b)  Subsection (a) does not apply to a political expenditure
  19-10  for a generic get-out-the-vote campaign or for a written list of
  19-11  two or more candidates that:
  19-12              (1)  identifies the party's candidates by name and
  19-13  office sought, office held, or photograph;
  19-14              (2)  does not include any reference to the judicial
  19-15  philosophy or positions on issues of the party's judicial
  19-16  candidates; and
  19-17              (3)  is not broadcast, cablecast, published in a
  19-18  newspaper or magazine, or placed on a billboard.
  19-19        Sec. 253.172.  RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
  19-20  (a)  A candidate who files a declaration of compliance under
  19-21  Section 253.164(a)(1) and who later files a declaration of intent
  19-22  to exceed the limits on expenditures under Section 253.164(a)(2) or
  19-23  a specific-purpose committee for supporting such a candidate may
  19-24  not make a political expenditure that causes the person to exceed
  19-25  the applicable limit on expenditures prescribed by Section 253.168
  19-26  before the 60th day after the date the candidate files the
  19-27  declaration of intent to exceed the limits on expenditures.
   20-1        (b)  A person who violates this section is liable for a civil
   20-2  penalty not to exceed three times the amount of political
   20-3  expenditures made in violation of this section.
   20-4        Sec. 253.173.  AGREEMENT TO EVADE LIMITS PROHIBITED.  (a)  A
   20-5  complying candidate may not:
   20-6              (1)  solicit a person to enter a campaign as a
   20-7  noncomplying candidate opposing the complying candidate; or
   20-8              (2)  enter into an agreement under which a person
   20-9  enters a campaign as a noncomplying candidate opposing the
  20-10  complying candidate.
  20-11        (b)  A candidate who violates this section is considered to
  20-12  be a noncomplying candidate.
  20-13        Sec. 253.174.  MISREPRESENTATION OF OPPONENT'S COMPLIANCE
  20-14  WITH OR VIOLATION OF SUBCHAPTER PROHIBITED.  (a)  A candidate for
  20-15  judicial office may not knowingly misrepresent that an opponent of
  20-16  the candidate:
  20-17              (1)  is a noncomplying candidate; or
  20-18              (2)  has violated this subchapter.
  20-19        (b)  A candidate who violates this section is considered to
  20-20  be a noncomplying candidate.
  20-21        Sec. 253.175.  JUDICIAL CAMPAIGN FAIRNESS FUND.  (a)  The
  20-22  judicial campaign fairness fund is a special account in the general
  20-23  revenue fund.
  20-24        (b)  The judicial campaign fairness fund consists of:
  20-25              (1)  penalties recovered under Section 253.176; and
  20-26              (2)  any gifts or grants received by the commission
  20-27  under Subsection (e).
   21-1        (c)  The judicial campaign fairness fund may be used only
   21-2  for:
   21-3              (1)  voter education projects that relate to judicial
   21-4  campaigns; and
   21-5              (2)  payment of costs incurred in imposing civil
   21-6  penalties under this subchapter.
   21-7        (d)  To the extent practicable, the fund shall be permitted
   21-8  to accumulate until the balance is sufficient to permit the
   21-9  publication of a voter's guide that lists candidates for judicial
  21-10  office, their backgrounds, and similar information.  The commission
  21-11  shall implement this subsection and shall adopt rules under which a
  21-12  candidate must provide information to the commission for inclusion
  21-13  in the voter's guide.  In providing the information, the candidate
  21-14  shall comply with applicable provisions of the Code of Judicial
  21-15  Conduct.  The voter's guide must, to the extent practicable,
  21-16  indicate whether each candidate is a complying candidate or
  21-17  noncomplying candidate, based on declarations filed under Section
  21-18  253.164 or determinations by the executive director or the county
  21-19  clerk, as appropriate, under Section 253.165.  The listing of a
  21-20  noncomplying candidate may not include any information other than
  21-21  the candidate's name and must include a statement that the
  21-22  candidate is not entitled to have complete information about the
  21-23  candidate included in the guide.
  21-24        (e)  The commission may accept gifts and grants for the
  21-25  purposes described by Subsections (c)(1) and (d).  Funds received
  21-26  under this subsection shall be deposited to the credit of the
  21-27  judicial campaign fairness fund.
   22-1        (f)  The judicial campaign fairness fund is exempt from
   22-2  Sections 403.094 and 403.095, Government Code.
   22-3        Sec. 253.176.  CIVIL PENALTY.  (a)  The commission may impose
   22-4  a civil penalty against a person only after a formal hearing as
   22-5  provided by Subchapter E, Chapter 571, Government Code.
   22-6        (b)  The commission shall base the amount of the penalty on:
   22-7              (1)  the seriousness of the violation;
   22-8              (2)  the history of previous violations;
   22-9              (3)  the amount necessary to deter future violations;
  22-10  and
  22-11              (4)  any other matter that justice may require.
  22-12        (c)  A penalty collected under this section shall be
  22-13  deposited to the credit of the judicial campaign fairness fund.
  22-14        SECTION 2.  Sections 253.003, 253.004, and 253.005, Election
  22-15  Code, are amended to read as follows:
  22-16        Sec. 253.003.  Unlawfully Making or Accepting Contribution.
  22-17  (a)  A person may not knowingly make a political contribution in
  22-18  violation of this chapter.
  22-19        (b)  A person may not knowingly accept a political
  22-20  contribution the person knows to have been made in violation of
  22-21  this chapter.
  22-22        (c)  This section does not apply to a political contribution
  22-23  made or accepted in violation of Subchapter F.
  22-24        (d)  Except as provided by Subsection (e) <(d)>, a person who
  22-25  violates this section commits an offense.  An offense under this
  22-26  section is a Class A misdemeanor.
  22-27        (e) <(d)>  A violation of Subsection (a) or (b) is a felony
   23-1  of the third degree if the contribution is made in violation of
   23-2  Subchapter D.
   23-3        Sec. 253.004.  Unlawfully Making Expenditure.  (a)  A person
   23-4  may not knowingly make or authorize a political expenditure in
   23-5  violation of this chapter.
   23-6        (b)  This section does not apply to a political expenditure
   23-7  made or authorized in violation of Subchapter F.
   23-8        (c)  A person who violates this section commits an offense.
   23-9  An offense under this section is a Class A misdemeanor.
  23-10        Sec. 253.005.  Expenditure From Unlawful Contribution.
  23-11  (a)  A person may not knowingly make or authorize a political
  23-12  expenditure wholly or partly from a political contribution the
  23-13  person knows to have been made in violation of this chapter.
  23-14        (b)  This section does not apply to a political expenditure
  23-15  that is:
  23-16              (1)  prohibited by Section 253.101; or
  23-17              (2)  made from a political contribution made in
  23-18  violation of Subchapter F.
  23-19        (c)  A person who violates this section commits an offense.
  23-20  An offense under this section is a Class A misdemeanor.
  23-21        SECTION 3.  Subchapter C, Chapter 254, Election Code, is
  23-22  amended by adding Section 254.0611 to read as follows:
  23-23        Sec. 254.0611.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
  23-24  JUDICIAL CANDIDATES.  (a)  In addition to the contents required by
  23-25  Sections 254.031 and 254.061, each report by a candidate for a
  23-26  judicial office covered by Subchapter F, Chapter 253, must include:
  23-27              (1)  the total amount of political contributions,
   24-1  including interest or other income, maintained in one or more
   24-2  accounts in which political contributions are deposited as of the
   24-3  last day of the reporting period;
   24-4              (2)  for each individual from whom the person filing
   24-5  the report has accepted political contributions that in the
   24-6  aggregate exceed $50 and that are accepted during the reporting
   24-7  period:
   24-8                    (A)  the principal occupation and job title of
   24-9  the individual and the full name of the employer of the individual
  24-10  or of the law firm of which the individual or the individual's
  24-11  spouse is a member, if any; or
  24-12                    (B)  if the individual is a child, the full name
  24-13  of the law firm of which either of the individual's parents is a
  24-14  member, if any;
  24-15              (3)  a specific listing of each asset valued at $500 or
  24-16  more that was purchased with political contributions and on hand as
  24-17  of the last day of the reporting period;
  24-18              (4)  for each political contribution accepted by the
  24-19  person filing the report but not received as of the last day of the
  24-20  reporting period:
  24-21                    (A)  the full name and address of the person
  24-22  making the contribution;
  24-23                    (B)  the amount of the contribution; and
  24-24                    (C)  the date of the contribution; and
  24-25              (5)  for each outstanding loan to the person filing the
  24-26  report as of the last day of the reporting period:
  24-27                    (A)  the full name and address of the person or
   25-1  financial institution making the loan; and
   25-2                    (B)  the full name and address of each guarantor
   25-3  of the loan other than the candidate.
   25-4        (b)  In this section:
   25-5              (1)  "Child" has the meaning assigned by Section
   25-6  253.158.
   25-7              (2)  "Law firm" and "member" have the meanings assigned
   25-8  by Section 253.157.
   25-9        SECTION 4.  Subchapter D, Chapter 254, Election Code, is
  25-10  amended by adding Section 254.0911 to read as follows:
  25-11        Sec. 254.0911.  ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
  25-12  JUDICIAL OFFICEHOLDERS.  In addition to the contents required by
  25-13  Sections 254.031 and 254.091, each report by a holder of a judicial
  25-14  office covered by Subchapter F, Chapter 253, must include the
  25-15  contents prescribed by Section 254.0611.
  25-16        SECTION 5.  Subchapter E, Chapter 254, Election Code, is
  25-17  amended by adding Section 254.1211 to read as follows:
  25-18        Sec. 254.1211.  ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
  25-19  COMMITTEES.  In addition to the contents required by Sections
  25-20  254.031 and 254.121, each report by a specific-purpose committee
  25-21  for supporting or opposing a candidate for or assisting a holder of
  25-22  a judicial office covered by Subchapter F, Chapter 253, must
  25-23  include the contents prescribed by Section 254.0611.
  25-24        SECTION 6.  Chapter 255, Election Code, is amended by adding
  25-25  Section 255.008 to read as follows:
  25-26        Sec. 255.008.  DISCLOSURE ON POLITICAL ADVERTISING FOR
  25-27  JUDICIAL OFFICE.  (a)  This section applies only to a candidate or
   26-1  political committee covered by Subchapter F, Chapter 253.
   26-2        (b)  Political advertising by a candidate who files a
   26-3  declaration of intent to comply with the limits on expenditures
   26-4  under Subchapter F, Chapter 253, or a specific-purpose committee
   26-5  for supporting such a candidate may include the following
   26-6  statement:  "Political advertising paid for by (name of candidate
   26-7  or committee) in compliance with the voluntary limits of the
   26-8  Judicial Campaign Fairness Act."
   26-9        (c)  Political advertising by a candidate who files a
  26-10  declaration of intent to comply with the limits on expenditures
  26-11  under Subchapter F, Chapter 253, or a specific-purpose committee
  26-12  for supporting such a candidate that does not contain the statement
  26-13  prescribed by Subsection (b) must comply with Section 255.001.
  26-14        (d)  Political advertising by a candidate who files a
  26-15  declaration of intent to exceed the limits on expenditures under
  26-16  Subchapter F, Chapter 253, or a specific-purpose committee for
  26-17  supporting such a candidate must include the following
  26-18  statement:  "Political advertising paid for by (name of candidate
  26-19  or committee), (who or which) has rejected the voluntary limits of
  26-20  the Judicial Campaign Fairness Act."
  26-21        (e)  The commission shall adopt rules providing for:
  26-22              (1)  the minimum size of the disclosure required by
  26-23  this section in political advertising that appears on television or
  26-24  in writing; and
  26-25              (2)  the minimum duration of the disclosure required by
  26-26  this section in political advertising that appears on television or
  26-27  radio.
   27-1        (f)  A person who violates this section or a rule adopted
   27-2  under this section commits an offense.  An offense under this
   27-3  section is a Class B misdemeanor.
   27-4        SECTION 7.  Chapter 159, Local Government Code, is amended by
   27-5  adding Subchapter C to read as follows:
   27-6                  SUBCHAPTER C.  FINANCIAL DISCLOSURE
   27-7                      BY COUNTY JUDICIAL OFFICERS
   27-8        Sec. 159.051.  DEFINITION.  In this subchapter, "county
   27-9  judicial officer" means the judge of a statutory county court or
  27-10  statutory probate court.
  27-11        Sec. 159.052.  FILING REQUIREMENT.  A county judicial officer
  27-12  or a candidate for office as a county judicial officer shall file
  27-13  with the county clerk a financial statement that complies with
  27-14  Sections 572.022 and 572.023, Government Code.
  27-15        Sec. 159.053.  FILING DATES; TIMELINESS OF FILING.  (a)  A
  27-16  county judicial officer shall file the financial statement required
  27-17  by this subchapter within the time prescribed by Section 572.026,
  27-18  Government Code.  A candidate for office as a county judicial
  27-19  officer shall file the financial statement required by this
  27-20  subchapter within the time prescribed by Section 572.027,
  27-21  Government Code.
  27-22        (b)  The timeliness of the filing is governed by Section
  27-23  572.029, Government Code.
  27-24        Sec. 159.054.  PREPARATION OF FORMS.  (a)  The county clerk
  27-25  may:
  27-26              (1)  design a form to be used for filing the financial
  27-27  statement required by this subchapter; or
   28-1              (2)  require that a form designed by the Texas Ethics
   28-2  Commission under Chapter 572, Government Code, be used for filing
   28-3  the financial statement.
   28-4        (b)  The county clerk shall make copies of the form available
   28-5  to each person required to file under this subchapter within the
   28-6  time prescribed by Section 572.030(c), Government Code.
   28-7        Sec. 159.055.  PUBLIC ACCESS TO STATEMENTS.  (a)  A financial
   28-8  statement filed under this subchapter is a public record.  The
   28-9  county clerk shall maintain the financial statements in a manner
  28-10  that is accessible to the public during regular business hours.
  28-11        (b)  Until the first anniversary of the date a financial
  28-12  statement is filed, each time a person requests to see the
  28-13  financial statement, excluding the county clerk or an employee of
  28-14  the county clerk acting on official business, the county clerk
  28-15  shall place in the file a statement of the person's name and
  28-16  address, whom the person represents, and the date of the request.
  28-17  The county clerk shall maintain that statement in the file until
  28-18  the first anniversary of the date the financial statement is filed.
  28-19        (c)  After the second anniversary of the date a person ceases
  28-20  to be a county judicial officer, the county clerk may and on
  28-21  notification from the former officer shall destroy each financial
  28-22  statement filed by the officer.
  28-23        Sec. 159.056.  FAILURE TO FILE; CRIMINAL PENALTY.  (a)  A
  28-24  person commits an offense if the person:
  28-25              (1)  is a county judicial officer or a candidate for
  28-26  office as a county judicial officer; and
  28-27              (2)  knowingly fails to file a financial statement as
   29-1  required by this subchapter.
   29-2        (b)  An offense under this section is a Class B misdemeanor.
   29-3        SECTION 8.  Subdivision (3), Section 159.032, Local
   29-4  Government Code, is amended to read as follows:
   29-5              (3)  "County judicial officer" means a <judge of a
   29-6  statutory county court,> justice of the peace<,> or a master,
   29-7  magistrate, or referee appointed by a justice of the peace <one of
   29-8  those judges>.
   29-9        SECTION 9.  Sections 253.155, 253.156, 253.157, 253.163
  29-10  through 253.171, and 253.173, Election Code, as added by this Act,
  29-11  are not severable, and none would have been enacted without the
  29-12  others.  If any one of those provisions is held invalid, each of
  29-13  those provisions is invalid.
  29-14        SECTION 10.  (a)  If this Act receives the votes required by
  29-15  Section 39, Article III, Texas Constitution, for an effective date
  29-16  before the 91st day after the last day of the legislative session:
  29-17              (1)  Sections 1, 2, 9, 11, and this section of this Act
  29-18  take effect immediately; and
  29-19              (2)  Sections 3, 4, and 5 of this Act take effect July
  29-20  1, 1995.
  29-21        (b)  If this Act does not receive the votes required by
  29-22  Section 39, Article III, Texas Constitution, for an effective date
  29-23  before the 91st day after the last day of the legislative session,
  29-24  Sections 1 through 5, 9, 11, and this section of this Act take
  29-25  effect September 1, 1995.
  29-26        (c)  Sections 6, 7, and 8 of this Act take effect September
  29-27  1, 1995.
   30-1        (d)  Subchapter F, Chapter 253, Election Code, as added by
   30-2  this Act, applies only to a political contribution accepted or
   30-3  political expenditure made on or after the effective date of
   30-4  Section 1 of this Act.  A political contribution accepted or
   30-5  political expenditure made before the effective date of Section 1
   30-6  of this Act is governed by the law in effect on the date the
   30-7  contribution was accepted or the expenditure was made and is not
   30-8  aggregated with political contributions accepted or political
   30-9  expenditures made on or after that date.
  30-10        (e)  Sections 254.0611, 254.0911, and 254.1211, Election
  30-11  Code, as added by this Act, apply to account balances, assets, and
  30-12  debts existing as of the effective date of Sections 3, 4, and 5 of
  30-13  this Act and to the reporting of a political contribution accepted
  30-14  on or after that date.  The reporting of a political contribution
  30-15  accepted before the effective date of Sections 3, 4, and 5 of this
  30-16  Act is governed by the law in effect on the date it was accepted.
  30-17        SECTION 11.  (a)  For purposes of Subchapter F, Chapter 253,
  30-18  Election Code, as added by this Act, not later than the 15th day
  30-19  after the effective date of Section 1 of this Act, the secretary of
  30-20  state shall:
  30-21              (1)  deliver to the Texas Ethics Commission a written
  30-22  certification of the population of each judicial district for which
  30-23  a candidate for judge or justice must file a campaign treasurer
  30-24  appointment with the commission; and
  30-25              (2)  deliver to the county clerk of each county a
  30-26  written certification of the county's population, if the county:
  30-27                    (A)  comprises an entire judicial district under
   31-1  Chapter 26, Government Code; or
   31-2                    (B)  has a statutory county court or statutory
   31-3  probate court, other than a multicounty statutory county court
   31-4  created under Subchapter D, Chapter 25, Government Code.
   31-5        (b)  On receipt of the certification of population under
   31-6  Subsection (a) of this section, the Texas Ethics Commission or
   31-7  county clerk, as appropriate, shall make available to each
   31-8  candidate for an office covered by Subchapter F, Chapter 253,
   31-9  Election Code, as added by this Act, written notice of the
  31-10  contribution limits applicable to the office under Section 253.155,
  31-11  Election Code, as added by this Act, and the expenditure limits
  31-12  applicable to the office under Section 253.168, Election Code, as
  31-13  added by this Act.
  31-14        (c)  In this section, "judicial district" means the territory
  31-15  from which a judicial candidate is elected.
  31-16        SECTION 12.  The importance of this legislation and the
  31-17  crowded condition of the calendars in both houses create an
  31-18  emergency and an imperative public necessity that the
  31-19  constitutional rule requiring bills to be read on three several
  31-20  days in each house be suspended, and this rule is hereby suspended,
  31-21  and that this Act take effect and be in force according to its
  31-22  terms, and it is so enacted.