MAD S.B. 96 75(R)    BILL ANALYSIS


ELECTIONS
S.B. 96
By: Ellis (Madden)
5-9-97
Committee Report (Unamended)



BACKGROUND 

Currently, Texas law regulates political contributions, expenditures, and
advertising in connection with certain judicial candidates and
officeholders.  These guidelines also govern personal financial statements
filed by certain judicial officeholders and provide civil and criminal
penalties.  The Texas Ethics Commission has issued several advisory
opinions in an effort to resolve certain issues that have arisen.  This
bill will provide regulations for contributions received by candidates in
a runoff primary election and contributions received from law firms, and
require the return of contributions which exceed contribution limits. 

PURPOSE

As proposed, the measure provides regulations for political contributions
and political expenditures in connection with certain judicial candidates
and officeholders. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 253.152(4), Election Code, to redefine
"noncomplying candidate" to include a judicial candidate who fails to file
a declaration of compliance under Section 253.164(a)(1) or a declaration
of intent under Section 253.165(a)(2).   

SECTION 2.  Amends Section 253.153(a), Election Code, to prohibit a
judicial candidate or officeholder from knowingly accepting a political
contribution after the 120th day following the date of the primary
election, if the candidate or officeholder is a candidate in the runoff
primary election and does not have an opponent in the general election, or
the general primary election if the candidate or officeholder is not a
candidate in the runoff primary election  and does not have an opponent in
the general election, except as provided by Subsection (c). 

SECTION 3.  Amends Section 253.155, Election Code, by amending Subsections
(a) and (e), and adding Subsection (f), to prohibit an officeholder from
knowingly accepting political contributions from a person that in the
aggregate exceed the limits prescribed by Subsection (b), in connection
with each election in which the person, rather than candidate, is
involved. Requires a person who receives a political contribution that
violates Subsection (a) to return the contribution to the contributor
within a certain time period.  Creates Subsection (f) from existing text. 

SECTION 4. Amends Section 253.156, Election Code, to renumber it as
Section 253.1601, and to provide that, for purposes of Sections 253.157
and 253.160, a contribution to a specificpurpose committee for the purpose
of supporting a judicial candidate, opposing the candidate's opponent, or
assisting the candidate as an officeholder is considered to be a
contribution to the candidate. 

SECTION 5.  Amends Section 253.157, Election Code, as follows:
 
Sec.  253.157.  New heading: LIMIT ON CONTRIBUTION BY LAW FIRM OR MEMBER
OR GENERAL-PURPOSE COMMITTEE OF LAW FIRM.    Makes conforming changes. 

SECTION 6.  Amends Section 253.160(b), Election Code, to make a
nonsubstantive change. 

SECTION 7. Amends Chapter 253F, Election Code, by adding Section 253.1611,
as follows: 

Sec.  253.1611.  CERTAIN CONTRIBUTIONS BY JUDICIAL CANDIDATES,
OFFICEHOLDERS, AND COMMITTEES RESTRICTED.  Sets forth regulations
regarding certain contributions by a judicial candidate, an officeholder,
or a specific-purpose committee. 

SECTION 8.  Amends Section 253.165, Election Code, to require a county
clerk who receives a campaign treasurer appointment in connection with a
judicial office and does not receive a declaration of compliance or
declaration of intent to exceed the limits on expenditures to deliver a
copy of the campaign treasurer appointment and a written notice of the
candidate's failure to file a declaration of compliance or a declaration
of intent to the executive director of the Texas Ethics Commission.  Makes
conforming changes. 

SECTION 9. Amends Section 253.168(b), Election Code, to make a conforming
change. 

SECTION 10.  Amends Sections 253.169(b) and (c), Election Code, to make
nonsubstantive changes. 

SECTION 11.  (a) Effective date: September 1, 1997.

(b) Makes application of Sections 253.157 and 253.169, Election Code, as
amended by this Act, prospective. 

(c) Makes application of Section 253.1611, Election Code, as amended by
this Act, prospective. 

SECTION 12.  Emergency clause.