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

 2-1     may not knowingly accept a political contribution except during the

 2-2     period:

 2-3                 (1)  beginning on:

 2-4                       (A)  the 210th day before the date an application

 2-5     for a place on the ballot or for nomination by convention for the

 2-6     office is required to be filed, if the election is for a full term;

 2-7     or

 2-8                       (B)  the later of the 210th day before the date

 2-9     an application for a place on the ballot or for nomination by

2-10     convention for the office is required to be filed or the date a

2-11     vacancy in the office occurs, if the election is for an unexpired

2-12     term; and

2-13                 (2)  ending on the 120th day after the date of:

2-14                       (A)  the general election for state and county

2-15     officers, if the candidate or officeholder has an opponent in the

2-16     general election; [or]

2-17                       (B)  except as provided by Subsection (c), the

2-18     runoff primary election, if the candidate or officeholder is a

2-19     candidate in the runoff primary election and does not have an

2-20     opponent in the general election; or

2-21                       (C)  except as provided by Subsection (c), the

2-22     general primary election, if the candidate or officeholder is not a

2-23     candidate in the runoff primary election and does not have an

2-24     opponent in the general election.

2-25           SECTION 3.  Section 253.155, Election Code, is amended by

2-26     amending Subsection (e) and adding Subsection (f) to read as

 3-1     follows:

 3-2           (e)  A person who receives a political contribution that

 3-3     violates Subsection (a) shall return the contribution to the

 3-4     contributor not later than the later of:

 3-5                 (1)  the last day of the reporting period in which the

 3-6     contribution is received; or

 3-7                 (2)  the fifth day after the date the contribution is

 3-8     received.

 3-9           (f)  A person who violates this section is liable for a civil

3-10     penalty not to exceed three times the amount of the political

3-11     contributions accepted in violation of this section.

3-12           SECTION 4.  Section 253.157, Election Code, is amended by

3-13     amending the heading and Subsections (a) and (c) to read as

3-14     follows:

3-15           Sec. 253.157.  LIMIT ON CONTRIBUTION BY LAW FIRM OR MEMBER OR

3-16     GENERAL-PURPOSE COMMITTEE OF LAW FIRM.  (a)  A judicial candidate

3-17     may not accept a political contribution in excess of $50 from a

3-18     person if:

3-19                 (1)  the person is a law firm, a member of a law firm,

3-20     or a general-purpose committee established or controlled  by a law

3-21     firm; and

3-22                 (2)  the contribution when aggregated with all

3-23     political contributions accepted by the candidate from the law

3-24     firm, other members of the law firm, or from a general-purpose

3-25     committee  established or controlled by the law firm in connection

3-26     with the election would exceed six times the applicable

 4-1     contribution limit under Section 253.155.

 4-2           (c)  A candidate who fails to return a political contribution

 4-3     as required by Subsection (b) is liable for a civil penalty not to

 4-4     exceed three times the total amount of political contributions

 4-5     accepted from the law firm, members of the law firm, or

 4-6     general-purpose committees established or controlled by the law

 4-7     firm in connection with the election.

 4-8           SECTION 5.  Section 253.160(b), Election Code, is amended to

 4-9     read as follows:

4-10           (b)  A person [candidate or officeholder] who receives a

4-11     political contribution that violates Subsection (a) shall return

4-12     the contribution to the contributor not later than the later of:

4-13                 (1)  the last day of the reporting period in which the

4-14     contribution is received; or

4-15                 (2)  the fifth day after the date the contribution is

4-16     received.

4-17           SECTION 6.  Section 253.165, Election Code, is amended to

4-18     read as follows:

4-19           Sec. 253.165.  EFFECT OF NONCOMPLYING CANDIDATE.  (a)  A

4-20     complying candidate or a specific-purpose committee for supporting

4-21     a complying candidate is not required to comply with the limits on

4-22     contributions, expenditures, and the reimbursement of personal

4-23     funds prescribed by this subchapter if another person becomes a

4-24     candidate for the same office and:

4-25                 (1)  files a declaration of intent to exceed the limits

4-26     on expenditures under Section 253.164(a)(2);

 5-1                 (2)  fails to file a declaration of compliance under

 5-2     Section 253.164(a)(1) or a declaration of intent under Section

 5-3     253.164(a)(2);

 5-4                 (3)  files a declaration of compliance under Section

 5-5     253.164(a)(1) but later exceeds the limits on expenditures; or

 5-6                 (4) [(3)]  violates Section 253.173 or 253.174.

 5-7           (b)  The executive director of the commission shall issue an

 5-8     order suspending the limits on contributions and expenditures for a

 5-9     specific office not later than the fifth day after the date the

5-10     executive director determines that:

5-11                 (1)  a person has become a candidate for that office

5-12     and:

5-13                       (A)  has filed a [the] declaration of intent to

5-14     exceed the limits on expenditures under Section 253.164(a)(2); or

5-15                       (B)  has failed to file a declaration of

5-16     compliance under Section 253.164(a)(1) or a declaration of intent

5-17     under Section 253.164(a)(2);

5-18                 (2)  a complying candidate for that office has exceeded

5-19     the limit on expenditures prescribed by this subchapter; or

5-20                 (3)  a candidate for that office has violated Section

5-21     253.173 or 253.174.

5-22           (c)  A county clerk who receives a declaration of intent to

5-23     exceed the limits on expenditures under Section 253.164(a)(2) shall

5-24     deliver a copy of the declaration to the executive director of the

5-25     commission not later than the fifth day after the date the county

5-26     clerk receives the declaration.

 6-1           (d)  A county clerk who receives a campaign treasurer

 6-2     appointment in connection with a judicial office and does not

 6-3     receive a declaration of compliance under Section 253.164(a)(1) or

 6-4     a declaration of intent to exceed the limits on expenditures under

 6-5     Section 253.164(a)(2) shall deliver a copy of the campaign

 6-6     treasurer appointment and a written notice of the candidate's

 6-7     failure to file a declaration of compliance or a declaration of

 6-8     intent to the executive director of the commission not later than

 6-9     the fifth day after the date the county clerk receives the campaign

6-10     treasurer appointment.

6-11           (e)  A county clerk who receives a written allegation that a

6-12     complying candidate has exceeded the limit on expenditures or that

6-13     a candidate has engaged in conduct prohibited by Section 253.173 or

6-14     253.174 shall deliver a copy of the allegation to the executive

6-15     director not later than the fifth day after the date the county

6-16     clerk receives the allegation.  The county clerk shall, at no cost

6-17     to the commission, deliver to the executive director by mail or

6-18     telephonic facsimile machine copies of documents relevant to the

6-19     allegation not later than 48 hours after the executive director

6-20     requests the documents.

6-21           (f)  A county clerk is required to act under Subsection (c),

6-22     (d), or (e) [this subsection] only in connection with an office

6-23     for which a campaign treasurer appointment is required to be filed

6-24     with that county clerk.

6-25           SECTION 7.  Section 253.169(b), Election Code, is amended to

6-26     read as follows:

 7-1           (b)  This section applies only to an expenditure of [as to]

 7-2     which the candidate or officeholder has [receives] notice [as

 7-3     required by Section 254.128].

 7-4           SECTION 8.  (a)  This Act takes effect September 1, 1997.

 7-5           (b)  Sections 253.157 and 253.169, Election Code, as amended

 7-6     by this Act, apply only to a political contribution accepted or

 7-7     political expenditure made on or after September 1, 1997.  A

 7-8     political contribution accepted or political expenditure made

 7-9     before September 1, 1997, is governed by the law in effect on the

7-10     date the contribution was accepted or the expenditure was made and

7-11     is not aggregated with political contributions accepted or

7-12     political expenditures made on or after September 1, 1997.

7-13           SECTION 9.  The importance of this legislation and the

7-14     crowded condition of the calendars in both houses create an

7-15     emergency and an imperative public necessity that the

7-16     constitutional rule requiring bills to be read on three several

7-17     days in each house be suspended, and this rule is hereby suspended.