SRC-SLL S.B. 96 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 96
By: Ellis
State Affairs
4-8-97
As Filed


DIGEST 

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, S.B. 96 provides regulations for political contributions and
political expenditures in connection with certain judicial candidates and
officeholders. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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 Subsection
(e), and adding Subsection (f), to require 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 253.157, 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 5.  Amends Section 253.160(b), Election Code, to make a
nonsubstantive change. 

SECTION 6.  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 7.  Amends Section 253.169(b), Election Code, to make
nonsubstantive changes. 

SECTION 8.  (a) Effective date: September 1, 1997.

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

SECTION 9.  Emergency clause.