By: Ellis S.B. No. 96
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of political contributions and political
1-2 expenditures in connection with certain judicial candidates and
1-3 officeholders; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision (4), Section 253.152, Election Code,
1-6 is amended to read as follows:
1-7 (4) "Noncomplying candidate" means a judicial
1-8 candidate who:
1-9 (A) files a declaration of intent to exceed the
1-10 limits on expenditures under Section 253.164(a)(2);
1-11 (B) files a declaration of compliance under
1-12 Section 253.164(a)(1) but later exceeds the limits on expenditures;
1-13 [or]
1-14 (C) fails to file a declaration of compliance
1-15 under Section 253.164(a)(1) or a declaration of intent under
1-16 Section 253.164(a)(2); or
1-17 (D) violates Section 253.173 or 253.174.
1-18 SECTION 2. Subsection (a), Section 253.153, Election Code,
1-19 is amended to read as follows:
1-20 (a) A judicial candidate or officeholder, a specific-purpose
1-21 committee for supporting or opposing a judicial candidate, or a
1-22 specific-purpose committee for assisting a judicial officeholder
1-23 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 Subsections (a) and (e) and adding Subsection (f) to read
3-1 as follows:
3-2 (a) Except as provided by Subsection (c), a judicial
3-3 candidate or officeholder may not knowingly accept political
3-4 contributions from a person that in the aggregate exceed the limits
3-5 prescribed by Subsection (b) in connection with each election in
3-6 which the person [candidate] is involved.
3-7 (e) A person who receives a political contribution that
3-8 violates Subsection (a) shall return the contribution to the
3-9 contributor not later than the later of:
3-10 (1) the last day of the reporting period in which the
3-11 contribution is received; or
3-12 (2) the fifth day after the date the contribution is
3-13 received.
3-14 (f) A person who violates this section is liable for a civil
3-15 penalty not to exceed three times the amount of the political
3-16 contributions accepted in violation of this section.
3-17 SECTION 4. Section 253.156, Election Code, is renumbered as
3-18 Section 253.1601, Election Code, and amended to read as follows:
3-19 Sec. 253.1601 [253.156]. CONTRIBUTION TO CERTAIN COMMITTEES
3-20 CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Sections
3-21 [Section] 253.155, 253.157, and 253.160, a contribution to a
3-22 specific-purpose committee for the purpose of supporting a judicial
3-23 candidate, opposing the candidate's opponent, or assisting the
3-24 candidate as an officeholder is considered to be a contribution to
3-25 the candidate.
4-1 SECTION 5. Section 253.157, Election Code, is amended by
4-2 amending the heading and Subsections (a), (b), and (c) to read as
4-3 follows:
4-4 Sec. 253.157. LIMIT ON CONTRIBUTION BY LAW FIRM OR MEMBER OR
4-5 GENERAL-PURPOSE COMMITTEE OF LAW FIRM. (a) A judicial candidate
4-6 or officeholder may not accept a political contribution in excess
4-7 of $50 from a person if:
4-8 (1) the person is a law firm, a member of a law firm,
4-9 or a general-purpose committee established or controlled by a law
4-10 firm; and
4-11 (2) the contribution when aggregated with all
4-12 political contributions accepted by the candidate or officeholder
4-13 from the law firm, other members of the law firm, or from a
4-14 general-purpose committee established or controlled by the law firm
4-15 in connection with the election would exceed six times the
4-16 applicable contribution limit under Section 253.155.
4-17 (b) A person [candidate] who receives a political
4-18 contribution that violates Subsection (a) shall return the
4-19 contribution to the contributor not later than the later of:
4-20 (1) the last day of the reporting period in which the
4-21 contribution is received; or
4-22 (2) the fifth day after the date the contribution is
4-23 received.
4-24 (c) A person [candidate] who fails to return a political
4-25 contribution as required by Subsection (b) is liable for a civil
5-1 penalty not to exceed three times the total amount of political
5-2 contributions accepted from the law firm, members of the law firm,
5-3 or general-purpose committees established or controlled by the law
5-4 firm in connection with the election.
5-5 SECTION 6. Subsection (b), Section 253.160, Election Code,
5-6 is amended to read as follows:
5-7 (b) A person [candidate or officeholder] who receives a
5-8 political contribution that violates Subsection (a) shall return
5-9 the contribution to the contributor not later than the later of:
5-10 (1) the last day of the reporting period in which the
5-11 contribution is received; or
5-12 (2) the fifth day after the date the contribution is
5-13 received.
5-14 SECTION 7. Subchapter F, Chapter 253, Election Code, is
5-15 amended by adding Section 253.1611 to read as follows:
5-16 Sec. 253.1611. CERTAIN CONTRIBUTIONS BY JUDICIAL CANDIDATES,
5-17 OFFICEHOLDERS, AND COMMITTEES RESTRICTED. (a) A judicial
5-18 candidate or officeholder or a specific-purpose committee for
5-19 supporting or opposing a judicial candidate or assisting a judicial
5-20 officeholder may not use a political contribution to make political
5-21 contributions that in the aggregate exceed $100 in a calendar year
5-22 to a candidate or officeholder.
5-23 (b) A judicial candidate or a specific-purpose committee for
5-24 supporting or opposing a judicial candidate may not use a political
5-25 contribution to make political contributions to a political
6-1 committee in connection with a primary election.
6-2 (c) A judicial candidate or a specific-purpose committee for
6-3 supporting or opposing a judicial candidate may not use a political
6-4 contribution to make a political contribution to a political
6-5 committee that, when aggregated with each other political
6-6 contribution to a political committee in connection with a general
6-7 election, exceeds $500.
6-8 (d) A judicial officeholder or a specific-purpose committee
6-9 for assisting a judicial officeholder may not use a political
6-10 contribution to make a political contribution to a political
6-11 committee in any calendar year in which the office held is not on
6-12 the ballot.
6-13 (e) This section does not apply to a political contribution
6-14 made to the principal political committee of the state executive
6-15 committee or a county executive committee of a political party.
6-16 (f) A person who violates this section is liable for a civil
6-17 penalty not to exceed three times the amount of political
6-18 contributions used in violation of this section.
6-19 SECTION 8. Section 253.165, Election Code, is amended to
6-20 read as follows:
6-21 Sec. 253.165. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
6-22 complying candidate or a specific-purpose committee for supporting
6-23 a complying candidate is not required to comply with the limits on
6-24 contributions, expenditures, and the reimbursement of personal
6-25 funds prescribed by this subchapter if another person becomes a
7-1 candidate for the same office and:
7-2 (1) files a declaration of intent to exceed the limits
7-3 on expenditures under Section 253.164(a)(2);
7-4 (2) fails to file a declaration of compliance under
7-5 Section 253.164(a)(1) or a declaration of intent under Section
7-6 253.164(a)(2);
7-7 (3) files a declaration of compliance under Section
7-8 253.164(a)(1) but later exceeds the limits on expenditures; or
7-9 (4) [(3)] violates Section 253.173 or 253.174.
7-10 (b) The executive director of the commission shall issue an
7-11 order suspending the limits on contributions and expenditures for a
7-12 specific office not later than the fifth day after the date the
7-13 executive director determines that:
7-14 (1) a person has become a candidate for that office
7-15 and:
7-16 (A) has filed a [the] declaration of intent to
7-17 exceed the limits on expenditures under Section 253.164(a)(2); or
7-18 (B) has failed to file a declaration of
7-19 compliance under Section 253.164(a)(1) or a declaration of intent
7-20 under Section 253.164(a)(2);
7-21 (2) a complying candidate for that office has exceeded
7-22 the limit on expenditures prescribed by this subchapter; or
7-23 (3) a candidate for that office has violated Section
7-24 253.173 or 253.174.
7-25 (c) A county clerk who receives a declaration of intent to
8-1 exceed the limits on expenditures under Section 253.164(a)(2) shall
8-2 deliver a copy of the declaration to the executive director of the
8-3 commission not later than the fifth day after the date the county
8-4 clerk receives the declaration.
8-5 (d) A county clerk who receives a campaign treasurer
8-6 appointment in connection with a judicial office and does not
8-7 receive a declaration of compliance under Section 253.164(a)(1) or
8-8 a declaration of intent to exceed the limits on expenditures under
8-9 Section 253.164(a)(2) shall deliver a copy of the campaign
8-10 treasurer appointment and a written notice of the candidate's
8-11 failure to file a declaration of compliance or a declaration of
8-12 intent to the executive director of the commission not later than
8-13 the fifth day after the date the county clerk receives the campaign
8-14 treasurer appointment.
8-15 (e) A county clerk who receives a written allegation that a
8-16 complying candidate has exceeded the limit on expenditures or that
8-17 a candidate has engaged in conduct prohibited by Section 253.173 or
8-18 253.174 shall deliver a copy of the allegation to the executive
8-19 director of the commission not later than the fifth day after the
8-20 date the county clerk receives the allegation. The county clerk
8-21 shall, at no cost to the commission, deliver to the executive
8-22 director by mail or telephonic facsimile machine copies of
8-23 documents relevant to the allegation not later than 48 hours after
8-24 the executive director requests the documents.
8-25 (f) A county clerk is required to act under Subsection (c),
9-1 (d), or (e) [this subsection] only in connection with an office for
9-2 which a campaign treasurer appointment is required to be filed with
9-3 that county clerk.
9-4 SECTION 9. Subsection (b), Section 253.168, Election Code,
9-5 is amended to read as follows:
9-6 (b) A person [complying candidate] who violates this section
9-7 is liable for a civil penalty not to exceed three times the amount
9-8 by which the political expenditures made in violation of this
9-9 section exceed the applicable limit prescribed by Subsection (a).
9-10 SECTION 10. Subsections (b) and (c), Section 253.169,
9-11 Election Code, are amended to read as follows:
9-12 (b) This section applies only to an expenditure of [as to]
9-13 which the candidate or officeholder has [receives] notice [as
9-14 required by Section 254.128].
9-15 (c) An affidavit under this section shall be filed with the
9-16 next report the candidate or officeholder is required to file under
9-17 Chapter 254 following the receipt of [the] notice of the
9-18 expenditure [required by Section 254.128].
9-19 SECTION 11. (a) This Act takes effect September 1, 1997.
9-20 (b) Sections 253.157 and 253.169, Election Code, as amended
9-21 by this Act, apply only to a political contribution accepted or
9-22 political expenditure made on or after September 1, 1997. A
9-23 political contribution accepted or political expenditure made
9-24 before September 1, 1997, is governed by the law in effect on the
9-25 date the contribution was accepted or the expenditure was made and
10-1 is not aggregated with political contributions accepted or
10-2 political expenditures made on or after September 1, 1997.
10-3 (c) Section 253.1611, Election Code, as added by this Act,
10-4 applies only to a political contribution made on or after September
10-5 1, 1997. A political contribution made before September 1, 1997,
10-6 is governed by the law in effect on the date the contribution was
10-7 made and is not aggregated with political contributions made on or
10-8 after September 1, 1997.
10-9 SECTION 12. The importance of this legislation and the
10-10 crowded condition of the calendars in both houses create an
10-11 emergency and an imperative public necessity that the
10-12 constitutional rule requiring bills to be read on three several
10-13 days in each house be suspended, and this rule is hereby suspended.