1-1 By: Ellis S.B. No. 96
1-2 (In the Senate - Filed November 14, 1996; January 14, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 21, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; April 21, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 96 By: Ellis
1-8 AN ACT
1-9 relating to the regulation of political contributions and political
1-10 expenditures in connection with certain judicial candidates and
1-11 officeholders; providing a penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivision (4), Section 253.152, Election Code,
1-14 is amended to read as follows:
1-15 (4) "Noncomplying candidate" means a judicial
1-16 candidate who:
1-17 (A) files a declaration of intent to exceed the
1-18 limits on expenditures under Section 253.164(a)(2);
1-19 (B) files a declaration of compliance under
1-20 Section 253.164(a)(1) but later exceeds the limits on expenditures;
1-21 [or]
1-22 (C) fails to file a declaration of compliance
1-23 under Section 253.164(a)(1) or a declaration of intent under
1-24 Section 253.164(a)(2); or
1-25 (D) violates Section 253.173 or 253.174.
1-26 SECTION 2. Subsection (a), Section 253.153, Election Code,
1-27 is amended to read as follows:
1-28 (a) A judicial candidate or officeholder, a specific-purpose
1-29 committee for supporting or opposing a judicial candidate, or a
1-30 specific-purpose committee for assisting a judicial officeholder
1-31 may not knowingly accept a political contribution except during the
1-32 period:
1-33 (1) beginning on:
1-34 (A) the 210th day before the date an application
1-35 for a place on the ballot or for nomination by convention for the
1-36 office is required to be filed, if the election is for a full term;
1-37 or
1-38 (B) the later of the 210th day before the date
1-39 an application for a place on the ballot or for nomination by
1-40 convention for the office is required to be filed or the date a
1-41 vacancy in the office occurs, if the election is for an unexpired
1-42 term; and
1-43 (2) ending on the 120th day after the date of:
1-44 (A) the general election for state and county
1-45 officers, if the candidate or officeholder has an opponent in the
1-46 general election; [or]
1-47 (B) except as provided by Subsection (c), the
1-48 runoff primary election, if the candidate or officeholder is a
1-49 candidate in the runoff primary election and does not have an
1-50 opponent in the general election; or
1-51 (C) except as provided by Subsection (c), the
1-52 general primary election, if the candidate or officeholder is not a
1-53 candidate in the runoff primary election and does not have an
1-54 opponent in the general election.
1-55 SECTION 3. Section 253.155, Election Code, is amended by
1-56 amending Subsections (a) and (e) and adding Subsection (f) to read
1-57 as follows:
1-58 (a) Except as provided by Subsection (c), a judicial
1-59 candidate or officeholder may not knowingly accept political
1-60 contributions from a person that in the aggregate exceed the limits
1-61 prescribed by Subsection (b) in connection with each election in
1-62 which the person [candidate] is involved.
1-63 (e) A person who receives a political contribution that
1-64 violates Subsection (a) shall return the contribution to the
2-1 contributor not later than the later of:
2-2 (1) the last day of the reporting period in which the
2-3 contribution is received; or
2-4 (2) the fifth day after the date the contribution is
2-5 received.
2-6 (f) A person who violates this section is liable for a civil
2-7 penalty not to exceed three times the amount of the political
2-8 contributions accepted in violation of this section.
2-9 SECTION 4. Section 253.156, Election Code, is renumbered as
2-10 Section 253.1601, Election Code, and amended to read as follows:
2-11 Sec. 253.1601 [253.156]. CONTRIBUTION TO CERTAIN COMMITTEES
2-12 CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Sections
2-13 [Section] 253.155, 253.157, and 253.160, a contribution to a
2-14 specific-purpose committee for the purpose of supporting a judicial
2-15 candidate, opposing the candidate's opponent, or assisting the
2-16 candidate as an officeholder is considered to be a contribution to
2-17 the candidate.
2-18 SECTION 5. Section 253.157, Election Code, is amended by
2-19 amending the heading and Subsections (a), (b), and (c) to read as
2-20 follows:
2-21 Sec. 253.157. LIMIT ON CONTRIBUTION BY LAW FIRM OR MEMBER OR
2-22 GENERAL-PURPOSE COMMITTEE OF LAW FIRM. (a) A judicial candidate
2-23 or officeholder may not accept a political contribution in excess
2-24 of $50 from a person if:
2-25 (1) the person is a law firm, a member of a law firm,
2-26 or a general-purpose committee established or controlled by a law
2-27 firm; and
2-28 (2) the contribution when aggregated with all
2-29 political contributions accepted by the candidate or officeholder
2-30 from the law firm, other members of the law firm, or from a
2-31 general-purpose committee established or controlled by the law firm
2-32 in connection with the election would exceed six times the
2-33 applicable contribution limit under Section 253.155.
2-34 (b) A person [candidate] who receives a political
2-35 contribution that violates Subsection (a) shall return the
2-36 contribution to the contributor not later than the later of:
2-37 (1) the last day of the reporting period in which the
2-38 contribution is received; or
2-39 (2) the fifth day after the date the contribution is
2-40 received.
2-41 (c) A person [candidate] who fails to return a political
2-42 contribution as required by Subsection (b) is liable for a civil
2-43 penalty not to exceed three times the total amount of political
2-44 contributions accepted from the law firm, members of the law firm,
2-45 or general-purpose committees established or controlled by the law
2-46 firm in connection with the election.
2-47 SECTION 6. Subsection (b), Section 253.160, Election Code,
2-48 is amended to read as follows:
2-49 (b) A person [candidate or officeholder] who receives a
2-50 political contribution that violates Subsection (a) shall return
2-51 the contribution to the contributor not later than the later of:
2-52 (1) the last day of the reporting period in which the
2-53 contribution is received; or
2-54 (2) the fifth day after the date the contribution is
2-55 received.
2-56 SECTION 7. Subchapter F, Chapter 253, Election Code, is
2-57 amended by adding Section 253.1611 to read as follows:
2-58 Sec. 253.1611. CERTAIN CONTRIBUTIONS BY JUDICIAL CANDIDATES,
2-59 OFFICEHOLDERS, AND COMMITTEES RESTRICTED. (a) A judicial
2-60 candidate or officeholder or a specific-purpose committee for
2-61 supporting or opposing a judicial candidate or assisting a judicial
2-62 officeholder may not use a political contribution to make political
2-63 contributions that in the aggregate exceed $100 in a calendar year
2-64 to a candidate or officeholder.
2-65 (b) A judicial candidate or a specific-purpose committee for
2-66 supporting or opposing a judicial candidate may not use a political
2-67 contribution to make political contributions to a political
2-68 committee in connection with a primary election.
2-69 (c) A judicial candidate or a specific-purpose committee for
3-1 supporting or opposing a judicial candidate may not use a political
3-2 contribution to make a political contribution to a political
3-3 committee that, when aggregated with each other political
3-4 contribution to a political committee in connection with a general
3-5 election, exceeds $500.
3-6 (d) A judicial officeholder or a specific-purpose committee
3-7 for assisting a judicial officeholder may not use a political
3-8 contribution to make a political contribution to a political
3-9 committee in any calendar year in which the office held is not on
3-10 the ballot.
3-11 (e) This section does not apply to a political contribution
3-12 made to the principal political committee of the state executive
3-13 committee or a county executive committee of a political party.
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 political
3-16 contributions used in violation of this section.
3-17 SECTION 8. Section 253.165, Election Code, is amended to
3-18 read as follows:
3-19 Sec. 253.165. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
3-20 complying candidate or a specific-purpose committee for supporting
3-21 a complying candidate is not required to comply with the limits on
3-22 contributions, expenditures, and the reimbursement of personal
3-23 funds prescribed by this subchapter if another person becomes a
3-24 candidate for the same office and:
3-25 (1) files a declaration of intent to exceed the limits
3-26 on expenditures under Section 253.164(a)(2);
3-27 (2) fails to file a declaration of compliance under
3-28 Section 253.164(a)(1) or a declaration of intent under Section
3-29 253.164(a)(2);
3-30 (3) files a declaration of compliance under Section
3-31 253.164(a)(1) but later exceeds the limits on expenditures; or
3-32 (4) [(3)] violates Section 253.173 or 253.174.
3-33 (b) The executive director of the commission shall issue an
3-34 order suspending the limits on contributions and expenditures for a
3-35 specific office not later than the fifth day after the date the
3-36 executive director determines that:
3-37 (1) a person has become a candidate for that office
3-38 and:
3-39 (A) has filed a [the] declaration of intent to
3-40 exceed the limits on expenditures under Section 253.164(a)(2); or
3-41 (B) has failed to file a declaration of
3-42 compliance under Section 253.164(a)(1) or a declaration of intent
3-43 under Section 253.164(a)(2);
3-44 (2) a complying candidate for that office has exceeded
3-45 the limit on expenditures prescribed by this subchapter; or
3-46 (3) a candidate for that office has violated Section
3-47 253.173 or 253.174.
3-48 (c) A county clerk who receives a declaration of intent to
3-49 exceed the limits on expenditures under Section 253.164(a)(2) shall
3-50 deliver a copy of the declaration to the executive director of the
3-51 commission not later than the fifth day after the date the county
3-52 clerk receives the declaration.
3-53 (d) A county clerk who receives a campaign treasurer
3-54 appointment in connection with a judicial office and does not
3-55 receive a declaration of compliance under Section 253.164(a)(1) or
3-56 a declaration of intent to exceed the limits on expenditures under
3-57 Section 253.164(a)(2) shall deliver a copy of the campaign
3-58 treasurer appointment and a written notice of the candidate's
3-59 failure to file a declaration of compliance or a declaration of
3-60 intent to the executive director of the commission not later than
3-61 the fifth day after the date the county clerk receives the campaign
3-62 treasurer appointment.
3-63 (e) A county clerk who receives a written allegation that a
3-64 complying candidate has exceeded the limit on expenditures or that
3-65 a candidate has engaged in conduct prohibited by Section 253.173 or
3-66 253.174 shall deliver a copy of the allegation to the executive
3-67 director of the commission not later than the fifth day after the
3-68 date the county clerk receives the allegation. The county clerk
3-69 shall, at no cost to the commission, deliver to the executive
4-1 director by mail or telephonic facsimile machine copies of
4-2 documents relevant to the allegation not later than 48 hours after
4-3 the executive director requests the documents.
4-4 (f) A county clerk is required to act under Subsection (c),
4-5 (d), or (e) [this subsection] only in connection with an office for
4-6 which a campaign treasurer appointment is required to be filed with
4-7 that county clerk.
4-8 SECTION 9. Subsection (b), Section 253.168, Election Code,
4-9 is amended to read as follows:
4-10 (b) A person [complying candidate] who violates this section
4-11 is liable for a civil penalty not to exceed three times the amount
4-12 by which the political expenditures made in violation of this
4-13 section exceed the applicable limit prescribed by Subsection (a).
4-14 SECTION 10. Subsections (b) and (c), Section 253.169,
4-15 Election Code, are amended to read as follows:
4-16 (b) This section applies only to an expenditure of [as to]
4-17 which the candidate or officeholder has [receives] notice [as
4-18 required by Section 254.128].
4-19 (c) An affidavit under this section shall be filed with the
4-20 next report the candidate or officeholder is required to file under
4-21 Chapter 254 following the receipt of [the] notice of the
4-22 expenditure [required by Section 254.128].
4-23 SECTION 11. (a) This Act takes effect September 1, 1997.
4-24 (b) Sections 253.157 and 253.169, Election Code, as amended
4-25 by this Act, apply only to a political contribution accepted or
4-26 political expenditure made on or after September 1, 1997. A
4-27 political contribution accepted or political expenditure made
4-28 before September 1, 1997, is governed by the law in effect on the
4-29 date the contribution was accepted or the expenditure was made and
4-30 is not aggregated with political contributions accepted or
4-31 political expenditures made on or after September 1, 1997.
4-32 (c) Section 253.1611, Election Code, as added by this Act,
4-33 applies only to a political contribution made on or after September
4-34 1, 1997. A political contribution made before September 1, 1997,
4-35 is governed by the law in effect on the date the contribution was
4-36 made and is not aggregated with political contributions made on or
4-37 after September 1, 1997.
4-38 SECTION 12. The importance of this legislation and the
4-39 crowded condition of the calendars in both houses create an
4-40 emergency and an imperative public necessity that the
4-41 constitutional rule requiring bills to be read on three several
4-42 days in each house be suspended, and this rule is hereby suspended.
4-43 * * * * *