By Ellis S.B. No. 94
74R1616 ESH-D
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, to personal financial
1-5 statements filed by certain judicial officeholders, and to certain
1-6 appointments made by trial judges; providing civil and criminal
1-7 penalties.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 252.005, Election Code, is amended to
1-10 read as follows:
1-11 Sec. 252.005. Authority with Whom Appointment Filed:
1-12 Candidate. (a) An individual must file a campaign treasurer
1-13 appointment for the individual's own candidacy with:
1-14 (1) the commission, if the appointment is made for
1-15 candidacy for:
1-16 (A) a statewide office;
1-17 (B) a district office filled by voters of more
1-18 than one county;
1-19 (C) state senator;
1-20 (D) state representative; or
1-21 (E) the State Board of Education;
1-22 (2) the county clerk, if the appointment is made for
1-23 candidacy for a county office, a precinct office, or a district
1-24 office other than one included in Subdivision (1);
2-1 (3) the clerk or secretary of the governing body of
2-2 the political subdivision or, if the political subdivision has no
2-3 clerk or secretary, with the governing body's presiding officer, if
2-4 the appointment is made for candidacy for an office of a political
2-5 subdivision other than a county;
2-6 (4) the county clerk if:
2-7 (A) the appointment is made for candidacy for an
2-8 office of a political subdivision other than a county;
2-9 (B) the governing body for the political
2-10 subdivision has not been formed; and
2-11 (C) no boundary of the political subdivision
2-12 crosses a boundary of the county; <or>
2-13 (5) the commission if:
2-14 (A) the appointment is made for candidacy for an
2-15 office of a political subdivision other than a county;
2-16 (B) the governing body for the political
2-17 subdivision has not been formed; and
2-18 (C) the political subdivision is situated in
2-19 more than one county; or
2-20 (6) both the commission and the county clerk, if the
2-21 appointment is made for candidacy for judge of a district court,
2-22 statutory county court, or statutory probate court.
2-23 (b) A candidate for a judicial office must file a copy of
2-24 the appointment with:
2-25 (1) the clerk of the supreme court, if the appointment
2-26 is made for candidacy for chief justice or justice, supreme court;
2-27 (2) the clerk of the court of criminal appeals, if the
3-1 appointment is made for candidacy for presiding judge or judge,
3-2 court of criminal appeals;
3-3 (3) the clerk of the appropriate court of appeals, if
3-4 the appointment is made for candidacy for chief justice or justice,
3-5 court of appeals; or
3-6 (4) the clerk of the appropriate district court, if
3-7 the appointment is made for candidacy for district judge.
3-8 SECTION 2. Chapter 253, Election Code, is amended by adding
3-9 Subchapter F to read as follows:
3-10 SUBCHAPTER F. JUDICIAL CAMPAIGN FAIRNESS ACT
3-11 Sec. 253.151. APPLICABILITY. This subchapter applies only
3-12 to a candidate for or holder of the office of:
3-13 (1) chief justice or justice, supreme court;
3-14 (2) presiding judge or judge, court of criminal
3-15 appeals;
3-16 (3) chief justice or justice, court of appeals;
3-17 (4) district judge;
3-18 (5) judge, statutory county court; or
3-19 (6) judge, statutory probate court.
3-20 Sec. 253.152. DEFINITIONS. In this subchapter:
3-21 (1) "Complying candidate" or "complying officeholder"
3-22 means a judicial candidate who files a declaration of compliance
3-23 under Section 253.162(a)(1).
3-24 (2) "In connection with an election" means:
3-25 (A) with regard to a contribution that is
3-26 designated in writing for a particular election, the election
3-27 designated; or
4-1 (B) with regard to a contribution that is not
4-2 designated in writing for a particular election or that is
4-3 designated as an officeholder contribution, the next election for
4-4 that office occurring after the contribution is made.
4-5 (3) "Judicial district" means the territory from which
4-6 a judicial candidate is elected.
4-7 (4) "Noncomplying candidate" means a judicial
4-8 candidate who files a declaration of intent to exceed the limits on
4-9 expenditures and the use of personal funds under Section
4-10 253.162(a)(2).
4-11 Sec. 253.153. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
4-12 PERIOD. (a) A person may not knowingly make or authorize a
4-13 political contribution to a judicial candidate or officeholder, a
4-14 specific-purpose committee for supporting or opposing a judicial
4-15 candidate, or a specific-purpose committee for assisting a judicial
4-16 officeholder except during the period:
4-17 (1) beginning on:
4-18 (A) the 180th day before the date an application
4-19 for a place on the ballot or for nomination by convention for the
4-20 office is required to be filed, if the election is for a full term;
4-21 or
4-22 (B) the later of the 180th day before the date
4-23 an application for a place on the ballot or for nomination by
4-24 convention for the office is required to be filed or the date a
4-25 vacancy in the office occurs, if the election is for an unexpired
4-26 term; and
4-27 (2) ending on the 45th day after the date of:
5-1 (A) the general election for state and county
5-2 officers, if the officeholder or candidate has an opponent in the
5-3 general election; or
5-4 (B) except as provided by Subsection (c), the
5-5 runoff primary election regardless of whether a runoff is held, if
5-6 the officeholder or candidate does not have an opponent in the
5-7 general election.
5-8 (b) A person may not knowingly accept a political
5-9 contribution made or authorized in violation of Subsection (a).
5-10 (c) Notwithstanding Subsection (a)(2)(B), a person may make
5-11 a political contribution to a judicial candidate or a
5-12 specific-purpose committee for supporting or opposing a judicial
5-13 candidate after another person files a declaration of write-in
5-14 candidacy opposing the candidate.
5-15 (d) This section does not apply to a candidate for or holder
5-16 of the office of chief justice or justice, supreme court, or
5-17 presiding judge or judge, court of criminal appeals.
5-18 (e) A person who violates this section commits an offense.
5-19 An offense under this section is a Class A misdemeanor.
5-20 Sec. 253.154. WRITE-IN CANDIDACY. (a) A person may not
5-21 knowingly make or authorize a political contribution to a write-in
5-22 candidate for judicial office or a specific-purpose committee for
5-23 supporting or opposing a write-in candidate for judicial office
5-24 before the candidate files a declaration of write-in candidacy.
5-25 (b) A person may not knowingly accept a political
5-26 contribution made or authorized in violation of Subsection (a).
5-27 (c) This section does not apply to a candidate for the
6-1 office of chief justice or justice, supreme court, or presiding
6-2 judge or judge, court of criminal appeals.
6-3 (d) A person who violates this section commits an offense.
6-4 An offense under this section is a Class A misdemeanor.
6-5 Sec. 253.155. CONTRIBUTION LIMITS. (a) Except as provided
6-6 by Subsection (d), a person may not knowingly make or authorize
6-7 political contributions to a judicial candidate that in the
6-8 aggregate exceed the limits prescribed by Subsection (b) in
6-9 connection with each election in which the candidate is involved.
6-10 (b) The contribution limits are:
6-11 (1) for the office of chief justice or justice,
6-12 supreme court, or presiding judge or judge, court of criminal
6-13 appeals, $5,000; or
6-14 (2) for any other judicial office:
6-15 (A) $1,000, if the population of the judicial
6-16 district is less than 150,000;
6-17 (B) $2,500, if the population of the judicial
6-18 district is 150,000 to 500,000; or
6-19 (C) $5,000, if the population of the judicial
6-20 district is more than 500,000.
6-21 (c) A candidate may not knowingly accept a political
6-22 contribution made or authorized in violation of Subsection (a).
6-23 (d) This section does not apply to a political contribution
6-24 made by the principal political committee of the state executive
6-25 committee or a county executive committee of a political party.
6-26 (e) A person who violates this section commits an offense.
6-27 An offense under this section is a Class A misdemeanor.
7-1 Sec. 253.156. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
7-2 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.155, a
7-3 contribution to a specific-purpose committee for the purpose of
7-4 supporting a judicial candidate, opposing the candidate's opponent,
7-5 or assisting the candidate as an officeholder is considered to be a
7-6 contribution to the candidate.
7-7 Sec. 253.157. LIMIT ON CONTRIBUTION BY MEMBER OF LAW FIRM.
7-8 (a) A judicial candidate may not accept a political contribution
7-9 in excess of $50 from an individual if:
7-10 (1) the individual is a member of a law firm; and
7-11 (2) the contribution, when aggregated with all
7-12 political contributions accepted by the candidate from other
7-13 members of the individual's law firm in connection with the
7-14 election, would exceed five times the applicable contribution limit
7-15 under Section 253.155.
7-16 (b) A candidate who receives a political contribution that
7-17 violates Subsection (a) shall return the contribution to the
7-18 contributor.
7-19 (c) In this section:
7-20 (1) "Law firm" means a partnership or professional
7-21 corporation organized for the practice of law.
7-22 (2) "Member" means a partner, associate, shareholder,
7-23 or employee.
7-24 Sec. 253.158. CONTRIBUTION FROM OR DIRECT CAMPAIGN
7-25 EXPENDITURE BY GENERAL-PURPOSE COMMITTEE PROHIBITED. (a) A
7-26 general-purpose committee may not knowingly make or authorize a
7-27 political contribution to a judicial candidate or officeholder, a
8-1 specific-purpose committee for supporting or opposing a judicial
8-2 candidate, or a specific-purpose committee for assisting a judicial
8-3 officeholder.
8-4 (b) A person may not knowingly accept a political
8-5 contribution made or authorized in violation of Subsection (a).
8-6 (c) For purposes of this section, an expenditure by a
8-7 general-purpose committee for the purpose of supporting a
8-8 candidate, for opposing the candidate's opponent, or for assisting
8-9 the candidate as an officeholder is considered to be a contribution
8-10 to the candidate unless the campaign treasurer of the
8-11 general-purpose committee, in an affidavit filed with the
8-12 commission, states that the committee has not directly or
8-13 indirectly communicated with the candidate's campaign, including
8-14 the candidate, an aide to the candidate, a campaign officer, or a
8-15 campaign consultant, or another political committee in regard to a
8-16 strategic matter, including polling data, advertising, or voter
8-17 demographics, in connection with the candidate's campaign.
8-18 (d) This section does not apply to the principal political
8-19 committee of the state executive committee or a county executive
8-20 committee of a political party.
8-21 (e) A person who violates this section commits an offense.
8-22 An offense under this section is a Class A misdemeanor.
8-23 Sec. 253.159. USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
8-24 PROHIBITED. (a) A judicial candidate or officeholder, a
8-25 specific-purpose committee for supporting or opposing a judicial
8-26 candidate, or a specific-purpose committee for assisting a judicial
8-27 officeholder may not use a political contribution to make a
9-1 campaign expenditure for judicial office or to make an officeholder
9-2 expenditure in connection with a judicial office if the
9-3 contribution was accepted while the candidate or officeholder:
9-4 (1) was a candidate for an office other than a
9-5 judicial office; or
9-6 (2) held an office other than a judicial office,
9-7 unless the person had become a candidate for judicial office.
9-8 (b) A person who violates this section commits an offense.
9-9 An offense under this section is a Class A misdemeanor.
9-10 Sec. 253.160. LIMIT ON REIMBURSEMENT OF PERSONAL FUNDS.
9-11 (a) A judicial candidate or officeholder who makes political
9-12 expenditures from the person's personal funds may not reimburse the
9-13 personal funds from political contributions in amounts that in the
9-14 aggregate exceed $5,000 for each election in which the person's
9-15 name appears on the ballot.
9-16 (b) A person who is both a candidate and an officeholder may
9-17 reimburse the person's personal funds only in one capacity.
9-18 (c) A person who violates this section commits an offense.
9-19 An offense under this section is a Class A misdemeanor.
9-20 Sec. 253.161. NOTICE REQUIRED FOR CERTAIN POLITICAL
9-21 EXPENDITURES. (a) A person other than a candidate, officeholder,
9-22 or the state executive committee or a county executive committee of
9-23 a political party may not make political expenditures that in the
9-24 aggregate exceed the lesser of $5,000 or five percent of the
9-25 applicable limit on expenditures prescribed by Section 253.166 for
9-26 the purpose of supporting or opposing a candidate for an office
9-27 other than chief justice or justice, supreme court, or presiding
10-1 judge or judge, court of criminal appeals, or assisting such a
10-2 candidate as an officeholder unless the person files with the
10-3 commission a written declaration of the person's intent to make
10-4 expenditures that exceed the limit prescribed by this subsection.
10-5 (b) A person other than a candidate, officeholder, or the
10-6 state executive committee or a county executive committee of a
10-7 political party may not make political expenditures that in the
10-8 aggregate exceed $15,000 for the purpose of supporting or opposing
10-9 a candidate for chief justice or justice, supreme court, or
10-10 presiding judge or judge, court of criminal appeals, or assisting
10-11 such a candidate as an officeholder unless the person files with
10-12 the commission a written declaration of the person's intent to make
10-13 expenditures that exceed the limit prescribed by this subsection.
10-14 (c) A declaration under Subsection (a) or (b) must be filed
10-15 not later than the earlier of:
10-16 (1) the date the person makes the political
10-17 expenditure that causes the person to exceed the limit prescribed
10-18 by Subsection (a) or (b); or
10-19 (2) the 90th day before the date of the election in
10-20 connection with which the political expenditures are intended to be
10-21 made.
10-22 (d) The commission shall file a declaration received under
10-23 Subsection (a) or (b) with the records of each judicial candidate
10-24 or officeholder on whose behalf the person filing the declaration
10-25 intends to make political expenditures. If the person intends to
10-26 make only political expenditures opposing a judicial candidate, the
10-27 commission shall file the declaration with the records of each
11-1 candidate for the office.
11-2 (e) An expenditure made by a political committee that
11-3 consists only of costs incurred in contacting the committee's
11-4 membership may be made without the declaration required by
11-5 Subsection (a) or (b).
11-6 (f) A person who makes a political expenditure in violation
11-7 of Subsection (a) or (b) is liable in damages to the state in the
11-8 amount of triple the amount by which the political expenditures
11-9 exceed the limit prescribed by Subsection (a) or (b).
11-10 (g) On the request of the commission, the attorney general
11-11 shall bring an action to recover damages under this section. In an
11-12 action under this subsection, the state is entitled to reasonable
11-13 attorney's fees and costs of court.
11-14 (h) Damages recovered under this section shall be deposited
11-15 to the credit of the judicial campaign fairness fund.
11-16 Sec. 253.162. VOLUNTARY COMPLIANCE. (a) When a person
11-17 becomes a candidate for a judicial office, the person must file
11-18 with the commission:
11-19 (1) a sworn declaration of compliance stating that the
11-20 person voluntarily agrees to comply with the limits on expenditures
11-21 and the use of personal funds prescribed by this subchapter; or
11-22 (2) a written declaration of the person's intent to
11-23 make expenditures or use personal funds that exceed the limits
11-24 prescribed by this subchapter.
11-25 (b) The limits on contributions prescribed by this
11-26 subchapter apply to complying candidates unless suspended as
11-27 provided by Section 253.163 or 253.168. The limit on reimbursement
12-1 of personal funds prescribed by this subchapter applies to
12-2 complying and noncomplying candidates. The limits on contributions
12-3 prescribed by this subchapter apply to noncomplying candidates
12-4 regardless of whether the limits on contributions, expenditures,
12-5 and use of personal funds are suspended as to complying candidates.
12-6 (c) A judicial candidate may not knowingly accept a campaign
12-7 contribution or make or authorize a campaign expenditure before the
12-8 candidate files a declaration under Subsection (a).
12-9 (d) A person who violates Subsection (c) commits an offense.
12-10 An offense under this subsection is a Class A misdemeanor.
12-11 Sec. 253.163. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
12-12 complying candidate or a specific-purpose committee for supporting
12-13 a complying candidate is not required to comply with the limits on
12-14 contributions, expenditures, and the use of personal funds
12-15 prescribed by this subchapter if another person becomes a candidate
12-16 for the same office and:
12-17 (1) files a declaration of intent to exceed the limits
12-18 on expenditures and the use of personal funds under Section
12-19 253.162(a)(2); or
12-20 (2) files a declaration of compliance under Section
12-21 253.162(a)(1) but later exceeds the limits on expenditures and the
12-22 use of personal funds.
12-23 (b) The executive director of the commission shall issue an
12-24 order suspending the limits on contributions, expenditures, and the
12-25 use of personal funds for a specific office not later than the 10th
12-26 day after the date the executive director determines:
12-27 (1) a person has become a candidate for that office
13-1 and has filed the declaration of intent to exceed the limits on
13-2 expenditures and the use of personal funds under Section
13-3 253.162(a)(2); or
13-4 (2) a complying candidate for that office has exceeded
13-5 the limit on expenditures or the use of personal funds prescribed
13-6 by this subchapter.
13-7 Sec. 253.164. BENEFIT TO COMPLYING CANDIDATE. (a) A
13-8 complying candidate is entitled to state on political advertising
13-9 as provided by Section 255.008 that the candidate complies with the
13-10 Judicial Campaign Fairness Act, regardless of whether the limits on
13-11 contributions, expenditures, and the use of personal funds are
13-12 later suspended.
13-13 (b) A noncomplying candidate is not entitled to the benefit
13-14 provided by this section.
13-15 Sec. 253.165. CERTIFICATION OF POPULATION; NOTICE OF
13-16 EXPENDITURE LIMITS. (a) For purposes of this subchapter only, not
13-17 later than July 15 of each odd-numbered year, the secretary of
13-18 state shall deliver to the commission a written certification of
13-19 the population of each judicial district the office of justice or
13-20 judge of which will be filled at the succeeding general election
13-21 for state and county officers.
13-22 (b) Based on the certification of population under
13-23 Subsection (a), the commission shall deliver to each candidate for
13-24 an office covered by this subchapter written notice of the
13-25 expenditure limits applicable to the office the candidate seeks not
13-26 later than the fifth day after the earlier of:
13-27 (1) the date the candidate files a campaign treasurer
14-1 appointment; or
14-2 (2) the date the candidate files the report required
14-3 to be filed under Chapter 254 on January 15 of the year in which
14-4 the election occurs.
14-5 Sec. 253.166. EXPENDITURE LIMITS. (a) For each election in
14-6 which the candidate is involved, a complying candidate may not
14-7 knowingly make or authorize political expenditures that in the
14-8 aggregate exceed:
14-9 (1) for the office of chief justice or justice,
14-10 supreme court, or presiding judge or judge, court of criminal
14-11 appeals, $2 million; or
14-12 (2) for an office other than an office covered by
14-13 Subdivision (1):
14-14 (A) if the population of the judicial district
14-15 is less than 250,000, the greater of:
14-16 (i) $50,000; or
14-17 (ii) an amount equal to $0.60 multiplied
14-18 by the population of the judicial district; or
14-19 (B) if the population of the judicial district
14-20 is 250,000 or more, the lesser of:
14-21 (i) $500,000; or
14-22 (ii) an amount equal to $150,000 plus
14-23 $0.30 multiplied by the population of the judicial district in
14-24 excess of 250,000.
14-25 (b) A complying candidate who violates this section commits
14-26 an offense. An offense under this section is a Class A
14-27 misdemeanor.
15-1 Sec. 253.167. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
15-2 EXPENDITURE BY CANDIDATE. For purposes of Section 253.166, an
15-3 expenditure by a specific-purpose committee for the purpose of
15-4 supporting a candidate, opposing the candidate's opponent, or
15-5 assisting the candidate as an officeholder is considered to be an
15-6 expenditure by the candidate unless the candidate, in an affidavit
15-7 filed with the commission, states that the candidate's campaign,
15-8 including the candidate, an aide to the candidate, a campaign
15-9 officer, or a campaign consultant of the candidate has not directly
15-10 or indirectly communicated with the committee in regard to a
15-11 strategic matter, including polling data, advertising, or voter
15-12 demographics, in connection with the candidate's campaign.
15-13 Sec. 253.168. EFFECT OF CERTAIN POLITICAL EXPENDITURES.
15-14 (a) A complying candidate for an office other than chief justice
15-15 or justice, supreme court, or presiding judge or judge, court of
15-16 criminal appeals, or a specific-purpose committee for supporting
15-17 such a candidate is not required to comply with the limits on
15-18 contributions, expenditures, and the use of personal funds
15-19 prescribed by this subchapter if a person other than the
15-20 candidate's opponent or the state executive committee or a county
15-21 executive committee of a political party makes political
15-22 expenditures that in the aggregate exceed the lesser of $5,000 or
15-23 five percent of the applicable limit on expenditures prescribed by
15-24 Section 253.166 for the purpose of supporting the candidate's
15-25 opponent, opposing the candidate, or assisting the candidate's
15-26 opponent as an officeholder.
15-27 (b) A complying candidate for chief justice or justice,
16-1 supreme court, or presiding judge or judge, court of criminal
16-2 appeals, or a specific-purpose committee for supporting such a
16-3 candidate is not required to comply with the limits on
16-4 contributions, expenditures, and the use of personal funds
16-5 prescribed by this subchapter if a person other than the
16-6 candidate's opponent or the state executive committee or a county
16-7 executive committee of a political party makes political
16-8 expenditures that in the aggregate exceed $15,000 for the purpose
16-9 of supporting the candidate's opponent, opposing the candidate, or
16-10 assisting the candidate's opponent as an officeholder.
16-11 (c) The executive director of the commission shall issue an
16-12 order suspending the limits on contributions, expenditures, and the
16-13 use of personal funds for a specific office not later than the 10th
16-14 day after the date the executive director determines that:
16-15 (1) a declaration of intent to make expenditures that
16-16 exceed the limit prescribed by Subsection (a) or (b) is filed in
16-17 connection with the office as provided by Section 253.161; or
16-18 (2) a political expenditure that exceeds the limit
16-19 prescribed by Subsection (a) or (b) has been made.
16-20 (d) An expenditure made by a political committee that
16-21 consists only of costs incurred in contacting the committee's
16-22 membership does not count towards the limit prescribed by
16-23 Subsection (a) or (b).
16-24 Sec. 253.169. CONTRIBUTION FROM OR DIRECT CAMPAIGN
16-25 EXPENDITURE BY POLITICAL PARTY. (a) Except as provided by
16-26 Subsection (b), a political contribution to or a direct campaign
16-27 expenditure on behalf of a complying candidate that is made by the
17-1 principal political committee of the state executive committee or a
17-2 county executive committee of a political party is considered to be
17-3 a political expenditure by the candidate for purposes of the
17-4 expenditure limits prescribed by Section 253.166.
17-5 (b) Subsection (a) does not apply to a political expenditure
17-6 for a general get-out-the-vote campaign or a written list that:
17-7 (1) identifies the party's candidates by name and
17-8 office sought, office held, or photograph;
17-9 (2) does not include any reference to the party's or a
17-10 candidate's ideology, philosophy, or position on an issue; or
17-11 (3) is not used in connection with any broadcasting,
17-12 cablecasting, newspaper, magazine, billboard, or similar type of
17-13 public communication.
17-14 Sec. 253.170. RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
17-15 (a) A noncomplying candidate or a specific-purpose committee for
17-16 supporting a noncomplying candidate may not make a political
17-17 expenditure that causes the person to exceed the applicable limit
17-18 on expenditures prescribed by Section 253.166 before the 90th day
17-19 after the date the candidate files a declaration of intent to
17-20 exceed the limits on expenditures and the use of personal funds
17-21 under Section 253.162(a)(2).
17-22 (b) A person who violates this section is liable in damages
17-23 to the state in the amount of triple the amount of the political
17-24 expenditures made that are prohibited by Subsection (a).
17-25 (c) On the request of the commission, the attorney general
17-26 shall bring an action to recover damages under this section. In an
17-27 action under this subsection, the state is entitled to reasonable
18-1 attorney's fees and costs of court.
18-2 (d) Damages recovered under this section shall be deposited
18-3 to the credit of the judicial campaign fairness fund.
18-4 Sec. 253.171. LIMIT ON USE OF PERSONAL FUNDS. (a) A
18-5 complying candidate may not make, from the candidate's personal
18-6 funds, political contributions or political expenditures in
18-7 connection with the person's own candidacy that in the aggregate
18-8 exceed $5,000 for each election in which the candidate is involved.
18-9 (b) A complying candidate may reimburse the person's
18-10 personal funds only as provided by Section 253.160.
18-11 (c) A person who violates this section commits an offense.
18-12 An offense under this section is a Class A misdemeanor.
18-13 Sec. 253.172. JUDICIAL CAMPAIGN FAIRNESS FUND. (a) The
18-14 judicial campaign fairness fund is a special account in the general
18-15 revenue fund.
18-16 (b) The judicial campaign fairness fund consists of:
18-17 (1) damages recovered under Sections 253.161 and
18-18 253.170; and
18-19 (2) any gifts or grants received by the commission
18-20 under Subsection (d).
18-21 (c) The judicial campaign fairness fund may be used only for
18-22 voter education projects that relate to judicial campaigns. To the
18-23 extent practicable, the fund shall be permitted to accumulate until
18-24 the balance is sufficient to permit the publication of a voter's
18-25 guide that lists candidates for judicial office, their backgrounds,
18-26 and similar information. The commission shall implement this
18-27 subsection.
19-1 (d) The commission may accept gifts and grants for the
19-2 purposes described by Subsection (c). Funds received under this
19-3 subsection shall be deposited to the credit of the judicial
19-4 campaign fairness fund.
19-5 (e) The judicial campaign fairness fund is exempt from
19-6 Sections 403.094 and 403.095, Government Code.
19-7 SECTION 3. Section 254.031, Election Code, is amended by
19-8 adding Subsection (c) to read as follows:
19-9 (c) A political contribution that is accepted but not
19-10 received in a reporting period is not reported again in the
19-11 reporting period when it is received.
19-12 SECTION 4. Section 254.040, Election Code, is amended to
19-13 read as follows:
19-14 Sec. 254.040. PRESERVATION OF REPORTS. (a) Each report
19-15 filed under this chapter shall be preserved by the authority with
19-16 whom it is filed for at least two years after the date it is filed.
19-17 (b) A copy of each report filed under this chapter that
19-18 includes reportable activity in connection with a candidate for or
19-19 holder of a judicial office covered by Subchapter F, Chapter 253,
19-20 shall be preserved by the person required to file the report for at
19-21 least four years after the date it is filed.
19-22 (c) A person who violates Subsection (b) commits an offense.
19-23 An offense under this section is a Class B misdemeanor.
19-24 SECTION 5. Subchapter C, Chapter 254, Election Code, is
19-25 amended by adding Section 254.0611 to read as follows:
19-26 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
19-27 JUDICIAL CANDIDATES. In addition to the contents required by
20-1 Sections 254.031 and 254.061, each report by a candidate for a
20-2 judicial office covered by Subchapter F, Chapter 253, must include:
20-3 (1) the total amount of political contributions,
20-4 including interest or other income, maintained in one or more
20-5 political funds accounts as of the last day of the reporting
20-6 period;
20-7 (2) for each individual from whom the person filing
20-8 the report has accepted political contributions that in the
20-9 aggregate exceed $50 and that are accepted during the reporting
20-10 period:
20-11 (A) the individual's principal occupation and
20-12 job title; and
20-13 (B) the full name and business address of the
20-14 individual's employer, if any;
20-15 (3) a specific listing of each asset purchased with
20-16 political contributions and on hand as of the last day of the
20-17 reporting period;
20-18 (4) for each political contribution accepted by the
20-19 person filing the report but not received as of the last day of the
20-20 reporting period:
20-21 (A) the full name and address of the person
20-22 making the contribution;
20-23 (B) the amount of the contribution; and
20-24 (C) the date of the contribution; and
20-25 (5) for each outstanding loan to the person filing the
20-26 report as of the last day of the reporting period:
20-27 (A) the full name and address of the person or
21-1 financial institution making the loan; and
21-2 (B) the full name and address of each guarantor
21-3 of the loan other than the candidate.
21-4 SECTION 6. The heading to Section 254.064, Election Code, is
21-5 amended to read as follows:
21-6 Sec. 254.064. ADDITIONAL REPORTS OF CERTAIN CANDIDATES
21-7 <OPPOSED CANDIDATE>.
21-8 SECTION 7. Subsection (a), Section 254.064, Election Code,
21-9 is amended to read as follows:
21-10 (a) In addition to other required reports, for each election
21-11 in which a person is a candidate <and has an opponent whose name is
21-12 to appear on the ballot>, the person shall file two reports if the
21-13 person:
21-14 (1) has an opponent whose name is to appear on the
21-15 ballot; or
21-16 (2) is a candidate for a judicial office covered by
21-17 Subchapter F, Chapter 253.
21-18 SECTION 8. Subchapter D, Chapter 254, Election Code, is
21-19 amended by adding Section 254.0911 to read as follows:
21-20 Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
21-21 JUDICIAL OFFICEHOLDERS. In addition to the contents required by
21-22 Sections 254.031 and 254.091, each report by a holder of a judicial
21-23 office covered by Subchapter F, Chapter 253, must include the
21-24 contents prescribed by Section 254.0611.
21-25 SECTION 9. Subchapter E, Chapter 254, Election Code, is
21-26 amended by adding Section 254.1211 to read as follows:
21-27 Sec. 254.1211. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
22-1 COMMITTEES. In addition to the contents required by Sections
22-2 254.031 and 254.121, each report by a specific-purpose committee
22-3 for supporting or opposing a candidate for or assisting a holder of
22-4 a judicial office covered by Subchapter F, Chapter 253, must
22-5 include the contents prescribed by Section 254.0611.
22-6 SECTION 10. Chapter 255, Election Code, is amended by adding
22-7 Section 255.008 to read as follows:
22-8 Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING BY
22-9 JUDICIAL CANDIDATE. (a) This section applies only to a candidate
22-10 covered by Subchapter F, Chapter 253.
22-11 (b) Political advertising by a candidate who files a
22-12 declaration of intent to comply with the limits on expenditures and
22-13 the use of personal funds under Subchapter F, Chapter 253, or a
22-14 specific-purpose committee for supporting such a candidate must
22-15 include the following statement: "Political advertising paid for
22-16 by (name of candidate or committee) in compliance with the
22-17 voluntary limits of the Judicial Campaign Fairness Act."
22-18 (c) Political advertising by a candidate who files a
22-19 declaration of intent to exceed the limits on expenditures and the
22-20 use of personal funds under Subchapter F, Chapter 253, or a
22-21 specific-purpose committee for supporting such a candidate must
22-22 include the following statement: "Political advertising paid for
22-23 by (name of candidate or committee), (who or which) has rejected
22-24 the voluntary limits of the Judicial Campaign Fairness Act."
22-25 (d) The commission shall adopt rules providing for:
22-26 (1) the minimum type size of the disclosure required
22-27 by this section in written political advertising; and
23-1 (2) the minimum duration of the disclosure required by
23-2 this section in political advertising that appears on television or
23-3 radio.
23-4 (e) A person who violates this section or a rule adopted
23-5 under this section commits an offense. An offense under this
23-6 section is a Class A misdemeanor.
23-7 SECTION 11. Section 572.002(4), Government Code, is amended
23-8 to read as follows:
23-9 (4) "Elected officer" means:
23-10 (A) a member of the legislature;
23-11 (B) an executive or judicial officer elected in
23-12 a statewide election;
23-13 (C) a judge of a court of appeals, <or of a>
23-14 district court, statutory county court, or statutory probate court;
23-15 (D) a member of the State Board of Education; or
23-16 (E) an individual appointed to fill a vacancy in
23-17 an office or appointed to a newly created office who, if elected to
23-18 the office instead of appointed, would be an elected officer under
23-19 this subdivision.
23-20 SECTION 12. Subchapter B, Chapter 572, Government Code, is
23-21 amended by adding Section 572.0251 to read as follows:
23-22 Sec. 572.0251. ADDITIONAL REQUIREMENTS FOR JUDICIAL
23-23 CANDIDATES AND OFFICERS. (a) In addition to the information
23-24 required to be disclosed under Sections 572.023 and 572.024, a
23-25 financial statement filed by an elected officer holding a judicial
23-26 office or a candidate for a judicial office shall include, for the
23-27 preceding calendar year except as provided by Subdivision (1), the
24-1 following information with respect to the activity of the person
24-2 and the activity of the person's spouse and dependent children over
24-3 which the person had actual control for the preceding calendar
24-4 year:
24-5 (1) for the seven-year period before the date the
24-6 person is required to file the supplemental financial statement,
24-7 the name of any business entity in which the person practiced law
24-8 and the dates and duration of the person's relationship with each
24-9 business entity under this subdivision;
24-10 (2) a description of the business of any business
24-11 entity that is not a publicly held or traded corporation in which
24-12 the person had a beneficial interest, and, if the interest was
24-13 sold, the amount of the net gain or loss realized from the sale;
24-14 (3) a list of each source of income, identified by the
24-15 name, occupation, if any, and address of the payor and by amount,
24-16 for any income paid or given to the person that is in excess of
24-17 $500 and that is in the form of interest, dividends, royalties, or
24-18 rents;
24-19 (4) the amount owed under each personal note or lease
24-20 agreement that existed at any time during the preceding year and
24-21 the name, occupation, if any, and address of any guarantor,
24-22 creditor, or lessor;
24-23 (5) the name of each trust and the trustee of each
24-24 trust from which the person received income as a beneficiary of the
24-25 trust; and
24-26 (6) the value of all assets and liabilities of a
24-27 business entity in which 50 percent or more of the outstanding
25-1 ownership was held, acquired, or sold by the person and the name,
25-2 occupation, if any, and address of any person who purchased an
25-3 asset or who assumed a liability of the business.
25-4 (b) This section controls to the extent that the information
25-5 required to be disclosed under this section conflicts with that
25-6 required by Section 572.023.
25-7 (c) An elected officer holding a judicial office or a
25-8 candidate for a judicial office shall file a copy of the person's
25-9 financial statement with each authority with whom the person files
25-10 a campaign treasurer appointment under Chapter 252, Election Code.
25-11 (d) An elected officer holding a judicial office or a
25-12 candidate for a judicial office shall retain a file-stamped copy of
25-13 each statement until the fourth anniversary of the date the
25-14 statement is filed.
25-15 SECTION 13. Chapter 23, Government Code, is amended by
25-16 adding Subchapter Z to read as follows:
25-17 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
25-18 Sec. 23.901. DISCLOSURE OF JUDICIAL APPOINTMENTS FOR FEE.
25-19 (a) Each month the clerk of a trial court shall prepare a list
25-20 containing:
25-21 (1) the name of each person appointed by the judge of
25-22 the court to a position for which a fee is paid from any source;
25-23 (2) the name of the judge making the appointment;
25-24 (3) the position to which the person was appointed;
25-25 and
25-26 (4) the amount of the fee paid to the person.
25-27 (b) In updating a list, a clerk may delete information
26-1 relating to a specific appointment if the appointment has been
26-2 terminated by the court.
26-3 (c) A clerk shall make a copy of a list available for public
26-4 inspection in the clerk's office. A clerk may charge a reasonable
26-5 fee for reproducing a list for a person.
26-6 (d) A clerk shall retain a list until the fourth anniversary
26-7 of the date it is made available for public inspection.
26-8 (e) A clerk is not required to include in a list information
26-9 relating to a person appointed by a judge to a position in which
26-10 the person is considered a county employee.
26-11 SECTION 14. Sections 253.155, 253.156, 253.157, 253.161
26-12 through 253.169, and 253.171, Election Code, as added by this Act,
26-13 are not severable, and none would have been enacted without the
26-14 others. If any one of those provisions is held invalid, each of
26-15 those provisions is invalid.
26-16 SECTION 15. (a) Sections 1 through 12 and 14 of this Act
26-17 take effect January 1, 1996.
26-18 (b) Subchapter F, Chapter 253, Election Code, as added by
26-19 this Act, applies only to a political contribution accepted or
26-20 political expenditure made on or after January 1, 1996. A
26-21 political contribution accepted or political expenditure made
26-22 before January 1, 1996, is governed by the law in effect on the
26-23 date the contribution was accepted or the expenditure was made.
26-24 (c) Sections 254.0611, 254.0911, and 254.1211, Election
26-25 Code, as added by this Act, apply to account balances, assets, and
26-26 debts existing as of January 1, 1996, and to the reporting of a
26-27 political contribution accepted on or after January 1, 1996. The
27-1 reporting of a political contribution accepted before January 1,
27-2 1996, is governed by the law in effect on the date it was accepted.
27-3 (d) Sections 13 and 16 of this Act take effect September 1,
27-4 1995.
27-5 SECTION 16. (a) For purposes of Subchapter F, Chapter 253,
27-6 Election Code, as added by this Act, not later than September 15,
27-7 1995, the secretary of state shall deliver to the Texas Ethics
27-8 Commission a written certification of the population of each
27-9 judicial district as defined by Section 253.152, Election Code, as
27-10 added by this Act.
27-11 (b) Based on the certification of population under
27-12 Subsection (a) of this section, the Texas Ethics Commission shall
27-13 deliver to each candidate for an office covered by Subchapter F,
27-14 Chapter 253, Election Code, as added by this Act, written notice of
27-15 the expenditure limits applicable to the office under Section
27-16 253.166, Election Code, as added by this Act, not later than the
27-17 fifth day after the earlier of:
27-18 (1) the date the candidate files a campaign treasurer
27-19 appointment; or
27-20 (2) the date the candidate files the report required
27-21 to be filed under Chapter 254, Election Code, on January 15, 1996.
27-22 SECTION 17. The importance of this legislation and the
27-23 crowded condition of the calendars in both houses create an
27-24 emergency and an imperative public necessity that the
27-25 constitutional rule requiring bills to be read on three several
27-26 days in each house be suspended, and this rule is hereby suspended.