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.