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.