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                                  * * * * *