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.