1-1 By: Ellis, et al. S.B. No. 94
1-2 (In the Senate - Filed November 24, 1994; January 11, 1995,
1-3 read first time and referred to Committee on Economic Development;
1-4 January 23, 1995, rereferred to Committee on State Affairs;
1-5 April 28, 1995, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 7, Nays 0; April 28, 1995,
1-7 sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 94 By: Gallegos
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the regulation of political contributions, political
1-12 expenditures, and political advertising in connection with certain
1-13 judicial candidates and officeholders and to personal financial
1-14 statements filed by certain judicial officeholders; providing civil
1-15 and criminal penalties.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Chapter 253, Election Code, is amended by adding
1-18 Subchapter F to read as follows:
1-19 SUBCHAPTER F. JUDICIAL CAMPAIGN FAIRNESS ACT
1-20 Sec. 253.151. APPLICABILITY OF SUBCHAPTER. This subchapter
1-21 applies only to a political contribution or political expenditure
1-22 in connection with the office of:
1-23 (1) chief justice or justice, supreme court;
1-24 (2) presiding judge or judge, court of criminal
1-25 appeals;
1-26 (3) chief justice or justice, court of appeals;
1-27 (4) district judge;
1-28 (5) judge, statutory county court; or
1-29 (6) judge, statutory probate court.
1-30 Sec. 253.152. DEFINITIONS. In this subchapter:
1-31 (1) "Complying candidate" or "complying officeholder"
1-32 means a judicial candidate who files a declaration of compliance
1-33 under Section 253.162(a)(1).
1-34 (2) "In connection with an election" means:
1-35 (A) with regard to a contribution that is
1-36 designated in writing for a particular election, the election
1-37 designated; or
1-38 (B) with regard to a contribution that is not
1-39 designated in writing for a particular election or that is
1-40 designated as an officeholder contribution, the next election for
1-41 that office occurring after the contribution is made.
1-42 (3) "Judicial district" means the territory from which
1-43 a judicial candidate is elected.
1-44 (4) "Noncomplying candidate" means a judicial
1-45 candidate who:
1-46 (A) files a declaration of intent to exceed the
1-47 limits on expenditures or the use of personal funds under Section
1-48 253.162(a)(2); or
1-49 (B) files a declaration of compliance under
1-50 Section 253.162(a)(1) but later exceeds the limits on expenditures
1-51 or the use of personal funds.
1-52 (5) "Statewide judicial office" means the office of
1-53 chief justice or justice, supreme court, or presiding judge or
1-54 judge, court of criminal appeals.
1-55 Sec. 253.153. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
1-56 PERIOD. (a) A judicial candidate or officeholder, a
1-57 specific-purpose committee for supporting or opposing a judicial
1-58 candidate, or a specific-purpose committee for assisting a judicial
1-59 officeholder may not knowingly accept a political contribution
1-60 except during the period:
1-61 (1) beginning on:
1-62 (A) the 180th day before the date an application
1-63 for a place on the ballot or for nomination by convention for the
1-64 office is required to be filed, if the election is for a full term;
1-65 or
1-66 (B) the later of the 180th day before the date
1-67 an application for a place on the ballot or for nomination by
1-68 convention for the office is required to be filed or the date a
2-1 vacancy in the office occurs, if the election is for an unexpired
2-2 term; and
2-3 (2) ending on the 120th day after the date of:
2-4 (A) the general election for state and county
2-5 officers, if the candidate or officeholder has an opponent in the
2-6 general election; or
2-7 (B) except as provided by Subsection (c), the
2-8 primary election, if the candidate or officeholder does not have an
2-9 opponent in the general election.
2-10 (b) Subsection (a)(2) does not apply to a political
2-11 contribution that was made and accepted with the intent that it be
2-12 used to defray expenses incurred in connection with an election
2-13 contest.
2-14 (c) Notwithstanding Subsection (a)(2), a judicial candidate
2-15 who does not have an opponent whose name will appear on the ballot
2-16 or a specific-purpose committee for supporting such a candidate may
2-17 accept a political contribution after another person files a
2-18 declaration of write-in candidacy opposing the candidate.
2-19 (d) A person who violates this section is liable for a civil
2-20 penalty not to exceed three times the amount of the political
2-21 contributions accepted in violation of this section.
2-22 Sec. 253.154. WRITE-IN CANDIDACY. (a) A write-in candidate
2-23 for judicial office or a specific-purpose committee for supporting
2-24 a write-in candidate for judicial office may not knowingly accept a
2-25 political contribution before the candidate files a declaration of
2-26 write-in candidacy.
2-27 (b) A person who violates this section is liable for a civil
2-28 penalty not to exceed three times the amount of the political
2-29 contributions accepted in violation of this section.
2-30 Sec. 253.155. CONTRIBUTION LIMITS. (a) Except as provided
2-31 by Subsection (c), a judicial candidate may not knowingly accept
2-32 political contributions from a person that in the aggregate exceed
2-33 the limits prescribed by Subsection (b) in connection with each
2-34 election in which the candidate is involved.
2-35 (b) The contribution limits are:
2-36 (1) for a statewide judicial office, $5,000; or
2-37 (2) for any other judicial office:
2-38 (A) $1,000, if the population of the judicial
2-39 district is less than 250,000;
2-40 (B) $2,500, if the population of the judicial
2-41 district is 250,000 to one million; or
2-42 (C) $5,000, if the population of the judicial
2-43 district is more than one million.
2-44 (c) This section does not apply to a political contribution
2-45 made by a general-purpose committee.
2-46 (d) A person who violates this section is liable for a civil
2-47 penalty not to exceed three times the amount of the political
2-48 contributions accepted in violation of this section.
2-49 Sec. 253.156. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
2-50 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.155, a
2-51 contribution to a specific-purpose committee for the purpose of
2-52 supporting a judicial candidate, opposing the candidate's opponent,
2-53 or assisting the candidate as an officeholder is considered to be a
2-54 contribution to the candidate.
2-55 Sec. 253.157. LIMIT ON CONTRIBUTION BY MEMBER OR
2-56 GENERAL-PURPOSE COMMITTEE OF LAW FIRM. (a) A judicial candidate
2-57 may not accept a political contribution in excess of $50 from a
2-58 person if:
2-59 (1) the person is a member of a law firm or a
2-60 general-purpose committee established or controlled by a law firm;
2-61 and
2-62 (2) the contribution when aggregated with all
2-63 political contributions accepted by the candidate from other
2-64 members of the law firm or from a general-purpose committee
2-65 established or controlled by the law firm in connection with the
2-66 election would exceed six times the applicable contribution limit
2-67 under Section 253.155.
2-68 (b) A candidate who receives a political contribution that
2-69 violates Subsection (a) shall return the contribution to the
2-70 contributor not later than the later of:
3-1 (1) the last day of the reporting period in which the
3-2 contribution is received; or
3-3 (2) the fifth day after the date the contribution is
3-4 received.
3-5 (c) A candidate who violates this section is liable for a
3-6 civil penalty not to exceed three times the total amount of
3-7 political contributions accepted from members of or general-purpose
3-8 committees established or controlled by the law firm in connection
3-9 with the election.
3-10 (d) For purposes of this section, a general-purpose
3-11 committee is established or controlled by a law firm if the
3-12 committee is established or controlled by members of the law firm.
3-13 (e) In this section:
3-14 (1) "Law firm" means a partnership, limited liability
3-15 partnership, or professional corporation organized for the practice
3-16 of law.
3-17 (2) "Member" means a partner, associate, shareholder,
3-18 or employee.
3-19 Sec. 253.158. AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND
3-20 DIRECT CAMPAIGN EXPENDITURES BY GENERAL-PURPOSE COMMITTEE. (a) A
3-21 judicial candidate or officeholder or a specific-purpose committee
3-22 for supporting or opposing a judicial candidate or assisting a
3-23 judicial officeholder may not knowingly accept a political
3-24 contribution from a general-purpose committee that, when aggregated
3-25 with each other political contribution from a general-purpose
3-26 committee in connection with an election, exceeds 15 percent of the
3-27 applicable limit on expenditures prescribed by Section 253.166,
3-28 regardless of whether the limit on expenditures is suspended.
3-29 (b) A candidate or officeholder who receives a political
3-30 contribution that violates Subsection (a) shall return the
3-31 contribution to the contributor not later than the later of:
3-32 (1) the last day of the reporting period in which the
3-33 contribution is received; or
3-34 (2) the fifth day after the date the contribution is
3-35 received.
3-36 (c) For purposes of this section, an expenditure by a
3-37 general-purpose committee for the purpose of supporting a
3-38 candidate, for opposing the candidate's opponent, or for assisting
3-39 the candidate as an officeholder is considered to be a contribution
3-40 to the candidate unless the campaign treasurer of the
3-41 general-purpose committee, in an affidavit filed with the authority
3-42 with whom the candidate's campaign treasurer appointment is
3-43 required to be filed, states that the committee has not directly or
3-44 indirectly communicated with the candidate's campaign, including
3-45 the candidate, an aide to the candidate, a campaign officer, or a
3-46 campaign consultant, or a specific-purpose committee in regard to a
3-47 strategic matter, including polling data, advertising, or voter
3-48 demographics, in connection with the candidate's campaign.
3-49 (d) This section does not apply to a political expenditure
3-50 by the principal political committee of the state executive
3-51 committee or a county executive committee of a political party that
3-52 complies with Section 253.169(b).
3-53 (e) A person who violates this section is liable for a civil
3-54 penalty not to exceed three times the amount by which the political
3-55 contributions accepted in violation of this section exceed the
3-56 applicable limit prescribed by Subsection (a).
3-57 Sec. 253.159. USE OF CONTRIBUTION FROM NONJUDICIAL OFFICE
3-58 PROHIBITED. (a) A judicial candidate or officeholder, a
3-59 specific-purpose committee for supporting or opposing a judicial
3-60 candidate, or a specific-purpose committee for assisting a judicial
3-61 officeholder may not use a political contribution to make a
3-62 campaign expenditure for judicial office or to make an officeholder
3-63 expenditure in connection with a judicial office if the
3-64 contribution was accepted while the candidate or officeholder:
3-65 (1) was a candidate for an office other than a
3-66 judicial office; or
3-67 (2) held an office other than a judicial office,
3-68 unless the person had become a candidate for judicial office.
3-69 (b) A person who violates this section is liable for a civil
3-70 penalty not to exceed three times the amount of political
4-1 contributions used in violation of this section.
4-2 Sec. 253.160. LIMIT ON REIMBURSEMENT OF PERSONAL FUNDS.
4-3 (a) A judicial candidate or officeholder who makes political
4-4 expenditures from the person's personal funds may not reimburse the
4-5 personal funds from political contributions in amounts that in the
4-6 aggregate exceed, for each election in which the person's name
4-7 appears on the ballot:
4-8 (1) for a statewide judicial office, $100,000; or
4-9 (2) for an office other than a statewide judicial
4-10 office, five times the applicable contribution limit under Section
4-11 253.155.
4-12 (b) A person who is both a candidate and an officeholder may
4-13 reimburse the person's personal funds only in one capacity.
4-14 (c) A person who violates this section is liable for a civil
4-15 penalty not to exceed three times the amount by which the
4-16 reimbursement made in violation of this section exceeds the
4-17 applicable limit prescribed by Subsection (a).
4-18 Sec. 253.161. NOTICE REQUIRED FOR CERTAIN POLITICAL
4-19 EXPENDITURES. (a) A person other than a candidate, officeholder,
4-20 or the principal political committee of the state executive
4-21 committee or a county executive committee of a political party may
4-22 not make political expenditures that in the aggregate exceed $5,000
4-23 for the purpose of supporting or opposing a candidate for an office
4-24 other than a statewide judicial office or assisting such a
4-25 candidate as an officeholder unless the person files with the
4-26 authority with whom a campaign treasurer appointment by a candidate
4-27 for the office is required to be filed a written declaration of the
4-28 person's intent to make expenditures that exceed the limit
4-29 prescribed by this subsection.
4-30 (b) A person other than a candidate, officeholder, or the
4-31 principal political committee of the state executive committee or a
4-32 county executive committee of a political party may not make
4-33 political expenditures that in the aggregate exceed $25,000 for the
4-34 purpose of supporting or opposing a candidate for a statewide
4-35 judicial office or assisting such a candidate as an officeholder
4-36 unless the person files with the commission a written declaration
4-37 of the person's intent to make expenditures that exceed the limit
4-38 prescribed by this subsection.
4-39 (c) A declaration under Subsection (a) or (b) must be filed
4-40 not later than the earlier of:
4-41 (1) the date the person makes the political
4-42 expenditure that causes the person to exceed the limit prescribed
4-43 by Subsection (a) or (b); or
4-44 (2) the 60th day before the date of the election in
4-45 connection with which the political expenditures are intended to be
4-46 made.
4-47 (d) A declaration received under Subsection (a) or (b) shall
4-48 be filed with the records of each judicial candidate or
4-49 officeholder on whose behalf the person filing the declaration
4-50 intends to make political expenditures. If the person intends to
4-51 make only political expenditures opposing a judicial candidate, the
4-52 declaration shall be filed with the records of each candidate for
4-53 the office.
4-54 (e) An expenditure made by a political committee or other
4-55 association that consists only of costs incurred in contacting the
4-56 committee's or association's membership may be made without the
4-57 declaration required by Subsection (a) or (b).
4-58 (f) For purposes of this section, a person who makes a
4-59 political expenditure benefitting more than one judicial candidate
4-60 or judicial officeholder shall, in accordance with rules adopted by
4-61 the commission, allocate a portion of the expenditure to each
4-62 candidate or officeholder whom the expenditure benefits in
4-63 proportion to the benefit received by that candidate or
4-64 officeholder. For purposes of this subsection:
4-65 (1) a political expenditure for supporting judicial
4-66 candidates or assisting judicial officeholders benefits each
4-67 candidate or officeholder supported or assisted; and
4-68 (2) a political expenditure for opposing a judicial
4-69 candidate benefits each opponent of the candidate.
4-70 (g) A person who violates this section is liable for a civil
5-1 penalty not to exceed three times the amount of the political
5-2 expenditures made in violation of this section.
5-3 Sec. 253.162. VOLUNTARY COMPLIANCE. (a) When a person
5-4 becomes a candidate for a judicial office, the person shall file
5-5 with the authority with whom the candidate's campaign treasurer
5-6 appointment is required to be filed:
5-7 (1) a sworn declaration of compliance stating that the
5-8 person voluntarily agrees to comply with the limits on expenditures
5-9 and the use of personal funds prescribed by this subchapter; or
5-10 (2) a written declaration of the person's intent to
5-11 make expenditures or use personal funds that exceed the limits
5-12 prescribed by this subchapter.
5-13 (b) The limits on contributions and on reimbursement of
5-14 personal funds prescribed by this subchapter apply to complying
5-15 candidates unless suspended as provided by Section 253.163 or
5-16 253.168. The limits on contributions and on reimbursement of
5-17 personal funds prescribed by this subchapter apply to noncomplying
5-18 candidates regardless of whether the limits on contributions,
5-19 expenditures, and reimbursement and use of personal funds are
5-20 suspended for complying candidates.
5-21 (c) A judicial candidate may not knowingly accept a campaign
5-22 contribution or make or authorize a campaign expenditure before the
5-23 candidate files a declaration under Subsection (a).
5-24 (d) A person who violates Subsection (c) is liable for a
5-25 civil penalty not to exceed three times the amount of the political
5-26 contributions or political expenditures made in violation of this
5-27 section.
5-28 Sec. 253.163. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
5-29 complying candidate or a specific-purpose committee for supporting
5-30 a complying candidate is not required to comply with the limits on
5-31 contributions, expenditures, and the reimbursement and use of
5-32 personal funds prescribed by this subchapter if another person
5-33 becomes a candidate for the same office and:
5-34 (1) files a declaration of intent to exceed the limits
5-35 on expenditures or the use of personal funds under Section
5-36 253.162(a)(2); or
5-37 (2) files a declaration of compliance under Section
5-38 253.162(a)(1) but later exceeds the limits on expenditures or the
5-39 use of personal funds.
5-40 (b) The executive director of the commission or the county
5-41 clerk, as appropriate, shall issue an order suspending the limits
5-42 on contributions, expenditures, and the use of personal funds for a
5-43 specific office not later than the 10th day after the date the
5-44 executive director or county clerk determines that:
5-45 (1) a person has become a candidate for that office
5-46 and has filed the declaration of intent to exceed the limits on
5-47 expenditures or the use of personal funds under Section
5-48 253.162(a)(2); or
5-49 (2) a complying candidate for that office has exceeded
5-50 the limit on expenditures or the use of personal funds prescribed
5-51 by this subchapter.
5-52 (c) The executive director may issue an order under
5-53 Subsection (b) only in connection with an office for which a
5-54 candidate files a campaign treasurer appointment with the
5-55 commission. A county clerk may issue an order under Subsection (b)
5-56 only in connection with an office for which a candidate files a
5-57 campaign treasurer appointment with the county clerk. A county
5-58 clerk who issues an order under Subsection (b) shall promptly
5-59 deliver a copy of the order to the commission.
5-60 Sec. 253.164. BENEFIT TO COMPLYING CANDIDATE. (a) A
5-61 complying candidate is entitled to state on political advertising
5-62 as provided by Section 255.008 that the candidate complies with the
5-63 Judicial Campaign Fairness Act, regardless of whether the limits on
5-64 contributions, expenditures, and the reimbursement and use of
5-65 personal funds are later suspended.
5-66 (b) A noncomplying candidate is not entitled to the benefit
5-67 provided by this section.
5-68 Sec. 253.165. CERTIFICATION OF POPULATION; NOTICE OF
5-69 CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this
5-70 subchapter only, not later than June 1 of each odd-numbered year,
6-1 the secretary of state shall:
6-2 (1) deliver to the commission a written certification
6-3 of the population of each judicial district for which a candidate
6-4 for judge or justice must file a campaign treasurer appointment
6-5 with the commission; and
6-6 (2) deliver to the county clerk of each county a
6-7 written certification of the county's population, if the county:
6-8 (A) comprises an entire judicial district under
6-9 Chapter 26, Government Code; or
6-10 (B) has a statutory county court or statutory
6-11 probate court, other than a multicounty statutory county court
6-12 created under Subchapter D, Chapter 25, Government Code.
6-13 (b) Based on the certification of population under
6-14 Subsection (a), the commission or county clerk, as appropriate,
6-15 shall deliver to each candidate for an office covered by this
6-16 subchapter written notice of the contribution and expenditure
6-17 limits applicable to the office the candidate seeks not later than
6-18 the fifth day after the earlier of:
6-19 (1) the date the candidate files a campaign treasurer
6-20 appointment; or
6-21 (2) the date the candidate files the first report
6-22 required to be filed under Chapter 254 in connection with the
6-23 election to which the limits apply.
6-24 Sec. 253.166. EXPENDITURE LIMITS. (a) For each election in
6-25 which the candidate is involved, a complying candidate may not
6-26 knowingly make or authorize political expenditures that in the
6-27 aggregate exceed:
6-28 (1) for a statewide judicial office, $2 million;
6-29 (2) for the office of chief justice or justice, court
6-30 of appeals:
6-31 (A) $500,000, if the population of the judicial
6-32 district is more than one million; or
6-33 (B) $350,000, if the population of the judicial
6-34 district is one million or less; or
6-35 (3) for an office other than an office covered by
6-36 Subdivision (1) or (2):
6-37 (A) $350,000, if the population of the judicial
6-38 district is more than one million;
6-39 (B) $200,000, if the population of the judicial
6-40 district is 250,000 to one million; or
6-41 (C) $100,000, if the population of the judicial
6-42 district is less than 250,000.
6-43 (b) A complying candidate who violates this section is
6-44 liable for a civil penalty not to exceed three times the amount by
6-45 which the political expenditures made in violation of this section
6-46 exceeds the applicable limit prescribed by Subsection (a).
6-47 Sec. 253.167. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
6-48 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.166, an
6-49 expenditure by a specific-purpose committee for the purpose of
6-50 supporting a candidate, opposing the candidate's opponent, or
6-51 assisting the candidate as an officeholder is considered to be an
6-52 expenditure by the candidate unless the candidate, in an affidavit
6-53 filed with the authority with whom the candidate's campaign
6-54 treasurer appointment is required to be filed, states that the
6-55 candidate's campaign, including the candidate, an aide to the
6-56 candidate, a campaign officer, or a campaign consultant of the
6-57 candidate, has not directly or indirectly communicated with the
6-58 committee in regard to a strategic matter, including polling data,
6-59 advertising, or voter demographics, in connection with the
6-60 candidate's campaign.
6-61 (b) This section applies only to an expenditure as to which
6-62 the candidate or officeholder receives notice as required by
6-63 Section 254.128.
6-64 (c) An affidavit under this section shall be filed with the
6-65 next report the candidate or officeholder is required to file under
6-66 Chapter 254 following receipt of the notice required by Section
6-67 254.128.
6-68 Sec. 253.168. EFFECT OF CERTAIN POLITICAL EXPENDITURES.
6-69 (a) A complying candidate for an office other than a statewide
6-70 judicial office or a specific-purpose committee for supporting such
7-1 a candidate is not required to comply with the limits on
7-2 contributions, expenditures, and the reimbursement and use of
7-3 personal funds prescribed by this subchapter if a person other than
7-4 the candidate's opponent or the principal political committee of
7-5 the state executive committee or a county executive committee of a
7-6 political party makes political expenditures that in the aggregate
7-7 exceed $5,000 for the purpose of supporting the candidate's
7-8 opponent, opposing the candidate, or assisting the candidate's
7-9 opponent as an officeholder.
7-10 (b) A complying candidate for a statewide judicial office or
7-11 a specific-purpose committee for supporting such a candidate is not
7-12 required to comply with the limits on contributions, expenditures,
7-13 and the use of personal funds prescribed by this subchapter if a
7-14 person other than the candidate's opponent or the principal
7-15 political committee of the state executive committee or a county
7-16 executive committee of a political party makes political
7-17 expenditures that in the aggregate exceed $25,000 for the purpose
7-18 of supporting the candidate's opponent, opposing the candidate, or
7-19 assisting the candidate's opponent as an officeholder.
7-20 (c) The executive director of the commission or the county
7-21 clerk, as appropriate, shall issue an order suspending the limits
7-22 on contributions, expenditures, and the reimbursement and use of
7-23 personal funds for a specific office not later than the 10th day
7-24 after the date the executive director or county clerk determines
7-25 that:
7-26 (1) a declaration of intent to make expenditures that
7-27 exceed the limit prescribed by Subsection (a) or (b) is filed in
7-28 connection with the office as provided by Section 253.161; or
7-29 (2) a political expenditure that exceeds the limit
7-30 prescribed by Subsection (a) or (b) has been made.
7-31 (d) The executive director may issue an order under
7-32 Subsection (c) only in connection with an office for which a
7-33 candidate files a campaign treasurer appointment with the
7-34 commission. A county clerk may issue an order under Subsection (c)
7-35 only in connection with an office for which a candidate files a
7-36 campaign treasurer appointment with the county clerk.
7-37 (e) An expenditure made by a political committee or other
7-38 association that consists only of costs incurred in contacting the
7-39 committee's or association's membership does not count towards the
7-40 limit prescribed by Subsection (a) or (b).
7-41 Sec. 253.169. CONTRIBUTION FROM OR DIRECT CAMPAIGN
7-42 EXPENDITURE BY POLITICAL PARTY. (a) Except as provided by
7-43 Subsection (b), a political contribution to or a direct campaign
7-44 expenditure on behalf of a complying candidate that is made by the
7-45 principal political committee of the state executive committee or a
7-46 county executive committee of a political party is considered to be
7-47 a political expenditure by the candidate for purposes of the
7-48 expenditure limits prescribed by Section 253.166.
7-49 (b) Subsection (a) does not apply to a political expenditure
7-50 for a generic get-out-the-vote campaign or for a written list of
7-51 two or more candidates that:
7-52 (1) identifies the party's candidates by name and
7-53 office sought, office held, or photograph;
7-54 (2) does not include any reference to the judicial
7-55 philosophy or positions on issues of the party's judicial
7-56 candidates; and
7-57 (3) is not broadcast, cablecast, published in a
7-58 newspaper or magazine, or placed on a billboard.
7-59 Sec. 253.170. RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
7-60 (a) A candidate who files a declaration of compliance under
7-61 Section 253.162(a)(1) who later files a declaration of intent to
7-62 exceed the limits on expenditures and the use of personal funds
7-63 under Section 253.162(a)(2) or a specific-purpose committee for
7-64 supporting such a candidate may not make a political expenditure
7-65 that causes the person to exceed the applicable limit on
7-66 expenditures prescribed by Section 253.166 before the 60th day
7-67 after the date the candidate files the declaration of intent to
7-68 exceed the limits on expenditures and the use of personal funds.
7-69 (b) A person who violates this section is liable for a civil
7-70 penalty not to exceed three times the amount of political
8-1 expenditures made in violation of this section.
8-2 Sec. 253.171. LIMIT ON USE OF PERSONAL FUNDS. (a) A
8-3 complying candidate may not make, from the candidate's personal
8-4 funds, political contributions or political expenditures in
8-5 connection with the person's own candidacy that in the aggregate
8-6 exceed, for each election in which the candidate is involved, the
8-7 applicable limit on reimbursement of personal funds prescribed by
8-8 Section 253.160.
8-9 (b) A complying candidate may reimburse the person's
8-10 personal funds only as provided by Section 253.160.
8-11 (c) A person who violates this section is liable for a civil
8-12 penalty not to exceed three times the amount by which the political
8-13 contributions or political expenditures made from personal funds
8-14 exceed the applicable limit prescribed by Subsection (a).
8-15 Sec. 253.172. JUDICIAL CAMPAIGN FAIRNESS FUND. (a) The
8-16 judicial campaign fairness fund is a special account in the general
8-17 revenue fund.
8-18 (b) The judicial campaign fairness fund consists of:
8-19 (1) penalties recovered under Section 253.173; and
8-20 (2) any gifts or grants received by the commission
8-21 under Subsection (e).
8-22 (c) The judicial campaign fairness fund may be used only
8-23 for:
8-24 (1) voter education projects that relate to judicial
8-25 campaigns; and
8-26 (2) payment of costs incurred in imposing civil
8-27 penalties under this subchapter.
8-28 (d) To the extent practicable, the fund shall be permitted
8-29 to accumulate until the balance is sufficient to permit the
8-30 publication of a voter's guide that lists candidates for judicial
8-31 office, their backgrounds, and similar information. The commission
8-32 shall implement this subsection and shall adopt rules under which a
8-33 candidate must provide information to the commission for inclusion
8-34 in the voter's guide. In providing the information, the candidate
8-35 shall comply with applicable provisions of the Code of Judicial
8-36 Conduct. The voter's guide must, to the extent practicable,
8-37 indicate whether each candidate is a complying candidate or
8-38 noncomplying candidate, based on declarations filed under Section
8-39 253.162 or determinations by the executive director or the county
8-40 clerk, as appropriate, under Section 253.163. The listing of a
8-41 noncomplying candidate may not include any information other than
8-42 the candidate's name and must include a statement that the
8-43 candidate is not entitled to have complete information about the
8-44 candidate included in the guide.
8-45 (e) The commission may accept gifts and grants for the
8-46 purposes described by Subsections (c)(1) and (d). Funds received
8-47 under this subsection shall be deposited to the credit of the
8-48 judicial campaign fairness fund.
8-49 (f) The judicial campaign fairness fund is exempt from
8-50 Sections 403.094 and 403.095, Government Code.
8-51 Sec. 253.173. CIVIL PENALTY. (a) The commission may impose
8-52 a civil penalty against a person only after a formal hearing as
8-53 provided by Subchapter E, Chapter 571, Government Code.
8-54 (b) The commission shall base the amount of the penalty on:
8-55 (1) the seriousness of the violation;
8-56 (2) the history of previous violations;
8-57 (3) the amount necessary to deter future violations;
8-58 and
8-59 (4) any other matter that justice may require.
8-60 (c) A penalty collected under this section shall be
8-61 deposited to the credit of the judicial campaign fairness fund.
8-62 SECTION 2. Sections 253.003, 253.004, and 253.005, Election
8-63 Code, are amended to read as follows:
8-64 Sec. 253.003. Unlawfully Making or Accepting Contribution.
8-65 (a) A person may not knowingly make a political contribution in
8-66 violation of this chapter.
8-67 (b) A person may not knowingly accept a political
8-68 contribution the person knows to have been made in violation of
8-69 this chapter.
8-70 (c) This section does not apply to a political contribution
9-1 made or accepted in violation of Subchapter F.
9-2 (d) Except as provided by Subsection (e) <(d)>, a person who
9-3 violates this section commits an offense. An offense under this
9-4 section is a Class A misdemeanor.
9-5 (e) <(d)> A violation of Subsection (a) or (b) is a felony
9-6 of the third degree if the contribution is made in violation of
9-7 Subchapter D.
9-8 Sec. 253.004. Unlawfully Making Expenditure. (a) A person
9-9 may not knowingly make or authorize a political expenditure in
9-10 violation of this chapter.
9-11 (b) This section does not apply to a political expenditure
9-12 made or authorized in violation of Subchapter F.
9-13 (c) A person who violates this section commits an offense.
9-14 An offense under this section is a Class A misdemeanor.
9-15 Sec. 253.005. Expenditure From Unlawful Contribution.
9-16 (a) A person may not knowingly make or authorize a political
9-17 expenditure wholly or partly from a political contribution the
9-18 person knows to have been made in violation of this chapter.
9-19 (b) This section does not apply to a political expenditure
9-20 that is:
9-21 (1) prohibited by Section 253.101; or
9-22 (2) made from a political contribution made in
9-23 violation of Subchapter F.
9-24 (c) A person who violates this section commits an offense.
9-25 An offense under this section is a Class A misdemeanor.
9-26 SECTION 3. Subchapter C, Chapter 254, Election Code, is
9-27 amended by adding Section 254.0611 to read as follows:
9-28 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
9-29 JUDICIAL CANDIDATES. (a) In addition to the contents required by
9-30 Sections 254.031 and 254.061, each report by a candidate for a
9-31 judicial office covered by Subchapter F, Chapter 253, must include:
9-32 (1) the total amount of political contributions,
9-33 including interest or other income, maintained in one or more
9-34 accounts in which political contributions are deposited as of the
9-35 last day of the reporting period;
9-36 (2) for each individual from whom the person filing
9-37 the report has accepted political contributions that in the
9-38 aggregate exceed $50 and that are accepted during the reporting
9-39 period:
9-40 (A) the individual's principal occupation and
9-41 job title; and
9-42 (B) the full name of the individual's employer
9-43 or of the law firm of which the individual is a member, if any;
9-44 (3) a specific listing of each asset valued at $500 or
9-45 more that was purchased with political contributions and on hand as
9-46 of the last day of the reporting period;
9-47 (4) for each political contribution accepted by the
9-48 person filing the report but not received as of the last day of the
9-49 reporting period:
9-50 (A) the full name and address of the person
9-51 making the contribution;
9-52 (B) the amount of the contribution; and
9-53 (C) the date of the contribution; and
9-54 (5) for each outstanding loan to the person filing the
9-55 report as of the last day of the reporting period:
9-56 (A) the full name and address of the person or
9-57 financial institution making the loan; and
9-58 (B) the full name and address of each guarantor
9-59 of the loan other than the candidate.
9-60 (b) In this section, "law firm" and "member" have the
9-61 meanings assigned by Section 253.157.
9-62 SECTION 4. Subchapter D, Chapter 254, Election Code, is
9-63 amended by adding Section 254.0911 to read as follows:
9-64 Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
9-65 JUDICIAL OFFICEHOLDERS. In addition to the contents required by
9-66 Sections 254.031 and 254.091, each report by a holder of a judicial
9-67 office covered by Subchapter F, Chapter 253, must include the
9-68 contents prescribed by Section 254.0611.
9-69 SECTION 5. Subchapter E, Chapter 254, Election Code, is
9-70 amended by adding Section 254.1211 to read as follows:
10-1 Sec. 254.1211. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
10-2 COMMITTEES. In addition to the contents required by Sections
10-3 254.031 and 254.121, each report by a specific-purpose committee
10-4 for supporting or opposing a candidate for or assisting a holder of
10-5 a judicial office covered by Subchapter F, Chapter 253, must
10-6 include the contents prescribed by Section 254.0611.
10-7 SECTION 6. Chapter 255, Election Code, is amended by adding
10-8 Section 255.008 to read as follows:
10-9 Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING FOR
10-10 JUDICIAL OFFICE. (a) This section applies only to a candidate or
10-11 political committee covered by Subchapter F, Chapter 253.
10-12 (b) Political advertising by a candidate who files a
10-13 declaration of intent to comply with the limits on expenditures and
10-14 the use of personal funds under Subchapter F, Chapter 253, or a
10-15 specific-purpose committee for supporting such a candidate must
10-16 include the following statement: "Political advertising paid for
10-17 by (name of candidate or committee) in compliance with the
10-18 voluntary limits of the Judicial Campaign Fairness Act."
10-19 (c) Political advertising by a candidate who files a
10-20 declaration of intent to exceed the limits on expenditures and the
10-21 use of personal funds under Subchapter F, Chapter 253, or a
10-22 specific-purpose committee for supporting such a candidate must
10-23 include the following statement: "Political advertising paid for
10-24 by (name of candidate or committee), (who or which) has rejected
10-25 the voluntary limits of the Judicial Campaign Fairness Act."
10-26 (d) The commission shall adopt rules providing for:
10-27 (1) the minimum size of the disclosure required by
10-28 this section in political advertising that appears on television or
10-29 in writing; and
10-30 (2) the minimum duration of the disclosure required by
10-31 this section in political advertising that appears on television or
10-32 radio.
10-33 (e) A person who violates this section or a rule adopted
10-34 under this section commits an offense. An offense under this
10-35 section is a Class B misdemeanor.
10-36 SECTION 7. Chapter 159, Local Government Code, is amended by
10-37 adding Subchapter C to read as follows:
10-38 SUBCHAPTER C. FINANCIAL DISCLOSURE
10-39 BY COUNTY JUDICIAL OFFICERS
10-40 Sec. 159.051. DEFINITION. In this subchapter, "county
10-41 judicial officer" means the judge of a statutory county court or
10-42 statutory probate court.
10-43 Sec. 159.052. FILING REQUIREMENT. A county judicial officer
10-44 or a candidate for office as a county judicial officer shall file
10-45 with the county clerk a financial statement that complies with
10-46 Sections 572.022 and 572.023, Government Code.
10-47 Sec. 159.053. FILING DATES; TIMELINESS OF FILING. (a) A
10-48 county judicial officer shall file the financial statement required
10-49 by this subchapter within the time prescribed by Section 572.026,
10-50 Government Code. A candidate for office as a county judicial
10-51 officer shall file the financial statement required by this
10-52 subchapter within the time prescribed by Section 572.027,
10-53 Government Code.
10-54 (b) The timeliness of the filing is governed by Section
10-55 572.029, Government Code.
10-56 Sec. 159.054. PREPARATION AND MAILING OF FORMS. (a) The
10-57 county clerk may:
10-58 (1) design a form to be used for filing the financial
10-59 statement required by this subchapter; or
10-60 (2) require that a form designed by the Texas Ethics
10-61 Commission under Chapter 572, Government Code, be used for filing
10-62 the financial statement.
10-63 (b) The county clerk shall mail two copies of the form to
10-64 each person required to file under this subchapter within the time
10-65 prescribed by Section 572.030(c), Government Code.
10-66 Sec. 159.055. DETERMINATION OF COMPLIANCE WITH SUBCHAPTER.
10-67 (a) Not later than the second day after the applicable filing date
10-68 under Section 159.053, the county clerk shall be prepared to
10-69 publicly state whether each person required to file a financial
10-70 statement under this subchapter has filed a statement in compliance
11-1 with this subchapter.
11-2 (b) If the county clerk determines that a person has failed
11-3 to file a financial statement in compliance with this subchapter,
11-4 the clerk shall send a written statement of the determination to
11-5 the district attorney, criminal district attorney, or county
11-6 attorney, as appropriate.
11-7 Sec. 159.056. PUBLIC ACCESS TO STATEMENTS. (a) A financial
11-8 statement filed under this subchapter is a public record. The
11-9 county clerk shall maintain the financial statements in a manner
11-10 that is accessible to the public during regular business hours.
11-11 (b) Until the first anniversary of the date a financial
11-12 statement is filed, each time a person requests to see the
11-13 financial statement, excluding the county clerk or an employee of
11-14 the county clerk acting on official business, the county clerk
11-15 shall place in the file a statement of the person's name and
11-16 address, whom the person represents, and the date of the request.
11-17 The county clerk shall maintain that statement in the file until
11-18 the first anniversary of the date the financial statement is filed.
11-19 (c) After the second anniversary of the date a person ceases
11-20 to be a county judicial officer, the county clerk may and on
11-21 notification from the former officer shall destroy each financial
11-22 statement filed by the officer.
11-23 Sec. 159.057. FAILURE TO FILE; CRIMINAL PENALTY. (a) A
11-24 person commits an offense if the person:
11-25 (1) is a county judicial officer or a candidate for
11-26 office as a county judicial officer; and
11-27 (2) knowingly fails to file a financial statement as
11-28 required by this subchapter.
11-29 (b) An offense under this section is a Class B misdemeanor.
11-30 Sec. 159.058. FAILURE TO MAINTAIN FILED FINANCIAL
11-31 STATEMENTS; CRIMINAL PENALTY. (a) A county clerk commits an
11-32 offense if the county clerk knowingly:
11-33 (1) refuses to accept for filing a financial statement
11-34 under this subchapter; or
11-35 (2) fails to maintain a financial statement filed
11-36 under this subchapter.
11-37 (b) Subsection (a)(2) does not apply to a financial
11-38 statement that is destroyed in compliance with Section 159.056(c).
11-39 (c) An offense under this section is a Class A misdemeanor.
11-40 SECTION 8. Subdivision (3), Section 159.032, Local
11-41 Government Code, is amended to read as follows:
11-42 (3) "County judicial officer" means a <judge of a
11-43 statutory county court,> justice of the peace<,> or a master,
11-44 magistrate, or referee appointed by a justice of the peace <one of
11-45 those judges>.
11-46 SECTION 9. Sections 253.155, 253.156, 253.157, 253.161
11-47 through 253.169, and 253.171, Election Code, as added by this Act,
11-48 are not severable, and none would have been enacted without the
11-49 others. If any one of those provisions is held invalid, each of
11-50 those provisions is invalid.
11-51 SECTION 10. (a) If this Act receives the votes required by
11-52 Section 39, Article III, Texas Constitution, for an effective date
11-53 before the 91st day after the last day of the legislative session:
11-54 (1) Sections 1, 2, 9, 11, and this section of this Act
11-55 take effect immediately; and
11-56 (2) Sections 3, 4, and 5 of this Act take effect July
11-57 1, 1995.
11-58 (b) If this Act does not receive the votes required by
11-59 Section 39, Article III, Texas Constitution, for an effective date
11-60 before the 91st day after the last day of the legislative session,
11-61 Sections 1 through 5, 9, 11, and this section of this Act take
11-62 effect September 1, 1995.
11-63 (c) Sections 6, 7, and 8 of this Act take effect September
11-64 1, 1995.
11-65 (d) Subchapter F, Chapter 253, Election Code, as added by
11-66 this Act, applies only to a political contribution accepted or
11-67 political expenditure made on or after the effective date of
11-68 Section 1 of this Act. A political contribution accepted or
11-69 political expenditure made before the effective date of Section 1
11-70 of this Act is governed by the law in effect on the date the
12-1 contribution was accepted or the expenditure was made and is not
12-2 aggregated with political contributions accepted or political
12-3 expenditures made on or after that date.
12-4 (e) Sections 254.0611, 254.0911, and 254.1211, Election
12-5 Code, as added by this Act, apply to account balances, assets, and
12-6 debts existing as of the effective date of Sections 3, 4, and 5 of
12-7 this Act and to the reporting of a political contribution accepted
12-8 on or after that date. The reporting of a political contribution
12-9 accepted before the effective date of Sections 3, 4, and 5 of this
12-10 Act is governed by the law in effect on the date it was accepted.
12-11 SECTION 11. (a) For purposes of Subchapter F, Chapter 253,
12-12 Election Code, as added by this Act, not later than the 15th day
12-13 after the effective date of Section 1 of this Act, the secretary of
12-14 state shall:
12-15 (1) deliver to the Texas Ethics Commission a written
12-16 certification of the population of each judicial district for which
12-17 a candidate for judge or justice must file a campaign treasurer
12-18 appointment with the commission; and
12-19 (2) deliver to the county clerk of each county a
12-20 written certification of the county's population, if the county:
12-21 (A) comprises an entire judicial district under
12-22 Chapter 26, Government Code; or
12-23 (B) has a statutory county court or statutory
12-24 probate court, other than a multicounty statutory county court
12-25 created under Subchapter D, Chapter 25, Government Code.
12-26 (b) Based on the certification of population under
12-27 Subsection (a) of this section, the Texas Ethics Commission or
12-28 county clerk, as appropriate, shall deliver to each candidate for
12-29 an office covered by Subchapter F, Chapter 253, Election Code, as
12-30 added by this Act, written notice of the contribution limits
12-31 applicable to the office under Section 253.155, Election Code, as
12-32 added by this Act, and the expenditure limits applicable to the
12-33 office under Section 253.166, Election Code, as added by this Act,
12-34 not later than the fifth day after the earlier of:
12-35 (1) the date the candidate files a campaign treasurer
12-36 appointment; or
12-37 (2) the date the candidate files the first report
12-38 required to be filed under Chapter 254, Election Code, that is due
12-39 on or after the effective date of Section 1 of this Act.
12-40 (c) In this section, "judicial district" means the territory
12-41 from which a judicial candidate is elected.
12-42 SECTION 12. The importance of this legislation and the
12-43 crowded condition of the calendars in both houses create an
12-44 emergency and an imperative public necessity that the
12-45 constitutional rule requiring bills to be read on three several
12-46 days in each house be suspended, and this rule is hereby suspended,
12-47 and that this Act take effect and be in force according to its
12-48 terms, and it is so enacted.
12-49 * * * * *