By Madden H.B. No. 50
75R1389 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of political contributions and political
1-3 expenditures in connection with certain judicial candidates and
1-4 officeholders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 253.152(4), Election Code, is amended to
1-7 read as follows:
1-8 (4) "Noncomplying candidate" means a judicial
1-9 candidate who:
1-10 (A) files a declaration of intent to exceed the
1-11 limits on expenditures under Section 253.164(a)(2);
1-12 (B) files a declaration of compliance under
1-13 Section 253.164(a)(1) but later exceeds the limits on expenditures;
1-14 [or]
1-15 (C) fails to file a declaration of compliance
1-16 under Section 253.164(a)(1) or a declaration of intent under
1-17 Section 253.164(a)(2); or
1-18 (D) violates Section 253.173 or 253.174.
1-19 SECTION 2. Section 253.153(a), Election Code, is amended to
1-20 read as follows:
1-21 (a) A judicial candidate or officeholder, a specific-purpose
1-22 committee for supporting or opposing a judicial candidate, or a
1-23 specific-purpose committee for assisting a judicial officeholder
1-24 may not knowingly accept a political contribution except during the
2-1 period:
2-2 (1) beginning on:
2-3 (A) the 210th day before the date an application
2-4 for a place on the ballot or for nomination by convention for the
2-5 office is required to be filed, if the election is for a full term;
2-6 or
2-7 (B) the later of the 210th day before the date
2-8 an application for a place on the ballot or for nomination by
2-9 convention for the office is required to be filed or the date a
2-10 vacancy in the office occurs, if the election is for an unexpired
2-11 term; and
2-12 (2) ending on the 120th day after the date of:
2-13 (A) the general election for state and county
2-14 officers, if the candidate or officeholder has an opponent in the
2-15 general election; [or]
2-16 (B) except as provided by Subsection (c), the
2-17 runoff primary election, if the candidate or officeholder is a
2-18 candidate in the runoff primary election and does not have an
2-19 opponent in the general election; or
2-20 (C) except as provided by Subsection (c), the
2-21 general primary election, if the candidate or officeholder is not a
2-22 candidate in the runoff primary election and does not have an
2-23 opponent in the general election.
2-24 SECTION 3. Section 253.155, Election Code, is amended by
2-25 amending Subsection (e) and adding Subsection (f) to read as
2-26 follows:
2-27 (e) A person who receives a political contribution that
3-1 violates Subsection (a) shall return the contribution to the
3-2 contributor not later than the later of:
3-3 (1) the last day of the reporting period in which the
3-4 contribution is received; or
3-5 (2) the fifth day after the date the contribution is
3-6 received.
3-7 (f) A person who violates this section is liable for a civil
3-8 penalty not to exceed three times the amount of the political
3-9 contributions accepted in violation of this section.
3-10 SECTION 4. Section 253.157, Election Code, is amended by
3-11 amending the heading and Subsections (a) and (c) to read as
3-12 follows:
3-13 Sec. 253.157. LIMIT ON CONTRIBUTION BY LAW FIRM OR MEMBER OR
3-14 GENERAL-PURPOSE COMMITTEE OF LAW FIRM. (a) A judicial candidate
3-15 may not accept a political contribution in excess of $50 from a
3-16 person if:
3-17 (1) the person is a law firm, a member of a law firm,
3-18 or a general-purpose committee established or controlled by a law
3-19 firm; and
3-20 (2) the contribution when aggregated with all
3-21 political contributions accepted by the candidate from the law
3-22 firm, other members of the law firm, or from a general-purpose
3-23 committee established or controlled by the law firm in connection
3-24 with the election would exceed six times the applicable
3-25 contribution limit under Section 253.155.
3-26 (c) A candidate who fails to return a political contribution
3-27 as required by Subsection (b) is liable for a civil penalty not to
4-1 exceed three times the total amount of political contributions
4-2 accepted from the law firm, members of the law firm, or
4-3 general-purpose committees established or controlled by the law
4-4 firm in connection with the election.
4-5 SECTION 5. Section 253.160(b), Election Code, is amended to
4-6 read as follows:
4-7 (b) A person [candidate or officeholder] who receives a
4-8 political contribution that violates Subsection (a) shall return
4-9 the contribution to the contributor not later than the later of:
4-10 (1) the last day of the reporting period in which the
4-11 contribution is received; or
4-12 (2) the fifth day after the date the contribution is
4-13 received.
4-14 SECTION 6. Section 253.165, Election Code, is amended to
4-15 read as follows:
4-16 Sec. 253.165. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
4-17 complying candidate or a specific-purpose committee for supporting
4-18 a complying candidate is not required to comply with the limits on
4-19 contributions, expenditures, and the reimbursement of personal
4-20 funds prescribed by this subchapter if another person becomes a
4-21 candidate for the same office and:
4-22 (1) files a declaration of intent to exceed the limits
4-23 on expenditures under Section 253.164(a)(2);
4-24 (2) fails to file a declaration of compliance under
4-25 Section 253.164(a)(1) or a declaration of intent under Section
4-26 253.164(a)(2);
4-27 (3) files a declaration of compliance under Section
5-1 253.164(a)(1) but later exceeds the limits on expenditures; or
5-2 (4) [(3)] violates Section 253.173 or 253.174.
5-3 (b) The executive director of the commission shall issue an
5-4 order suspending the limits on contributions and expenditures for a
5-5 specific office not later than the fifth day after the date the
5-6 executive director determines that:
5-7 (1) a person has become a candidate for that office
5-8 and:
5-9 (A) has filed a [the] declaration of intent to
5-10 exceed the limits on expenditures under Section 253.164(a)(2); or
5-11 (B) has failed to file a declaration of
5-12 compliance under Section 253.164(a)(1) or a declaration of intent
5-13 under Section 253.164(a)(2);
5-14 (2) a complying candidate for that office has exceeded
5-15 the limit on expenditures prescribed by this subchapter; or
5-16 (3) a candidate for that office has violated Section
5-17 253.173 or 253.174.
5-18 (c) A county clerk who receives a declaration of intent to
5-19 exceed the limits on expenditures under Section 253.164(a)(2) shall
5-20 deliver a copy of the declaration to the executive director of the
5-21 commission not later than the fifth day after the date the county
5-22 clerk receives the declaration.
5-23 (d) A county clerk who receives a campaign treasurer
5-24 appointment in connection with a judicial office and does not
5-25 receive a declaration of compliance under Section 253.164(a)(1) or
5-26 a declaration of intent to exceed the limits on expenditures under
5-27 Section 253.164(a)(2) shall deliver a copy of the campaign
6-1 treasurer appointment and a written notice of the candidate's
6-2 failure to file a declaration of compliance or a declaration of
6-3 intent to the executive director of the commission not later than
6-4 the fifth day after the date the county clerk receives the campaign
6-5 treasurer appointment.
6-6 (e) A county clerk who receives a written allegation that a
6-7 complying candidate has exceeded the limit on expenditures or that
6-8 a candidate has engaged in conduct prohibited by Section 253.173 or
6-9 253.174 shall deliver a copy of the allegation to the executive
6-10 director not later than the fifth day after the date the county
6-11 clerk receives the allegation. The county clerk shall, at no cost
6-12 to the commission, deliver to the executive director by mail or
6-13 telephonic facsimile machine copies of documents relevant to the
6-14 allegation not later than 48 hours after the executive director
6-15 requests the documents.
6-16 (f) A county clerk is required to act under Subsection (c),
6-17 (d), or (e) [this subsection] only in connection with an office
6-18 for which a campaign treasurer appointment is required to be filed
6-19 with that county clerk.
6-20 SECTION 7. Section 253.169(b), Election Code, is amended to
6-21 read as follows:
6-22 (b) This section applies only to an expenditure of [as to]
6-23 which the candidate or officeholder has [receives] notice [as
6-24 required by Section 254.128].
6-25 SECTION 8. (a) This Act takes effect September 1, 1997.
6-26 (b) Sections 253.157 and 253.169, Election Code, as amended
6-27 by this Act, apply only to a political contribution accepted or
7-1 political expenditure made on or after September 1, 1997. A
7-2 political contribution accepted or political expenditure made
7-3 before September 1, 1997, is governed by the law in effect on the
7-4 date the contribution was accepted or the expenditure was made and
7-5 is not aggregated with political contributions accepted or
7-6 political expenditures made on or after September 1, 1997.
7-7 SECTION 9. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended.