By: Ellis S.B. No. 1726
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the filing of certain judicial office campaign
1-2 treasurer appointments and campaign finance reports.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 252.005, Election Code, is amended to
1-5 read as follows:
1-6 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
1-7 CANDIDATE. An individual must file a campaign treasurer
1-8 appointment for the individual's own candidacy with:
1-9 (1) the commission, if the appointment is made for
1-10 candidacy for:
1-11 (A) a statewide office;
1-12 (B) a district office filled by voters of more
1-13 than one county;
1-14 (C) a judicial district office filled by voters
1-15 of only one county;
1-16 (D) state senator;
1-17 (E) [(D)] state representative; or
1-18 (F) [(E)] the State Board of Education;
1-19 (2) the county clerk, if the appointment is made for
1-20 candidacy for a county office, a precinct office, or a district
1-21 office other than one included in Subdivision (1);
1-22 (3) the clerk or secretary of the governing body of
1-23 the political subdivision or, if the political subdivision has no
1-24 clerk or secretary, with the governing body's presiding officer, if
2-1 the appointment is made for candidacy for an office of a political
2-2 subdivision other than a county;
2-3 (4) the county clerk if:
2-4 (A) the appointment is made for candidacy for an
2-5 office of a political subdivision other than a county;
2-6 (B) the governing body for the political
2-7 subdivision has not been formed; and
2-8 (C) no boundary of the political subdivision
2-9 crosses a boundary of the county; or
2-10 (5) the commission if:
2-11 (A) the appointment is made for candidacy for an
2-12 office of a political subdivision other than a county;
2-13 (B) the governing body for the political
2-14 subdivision has not been formed; and
2-15 (C) the political subdivision is situated in
2-16 more than one county.
2-17 SECTION 2. Section 254.066, Election Code, is amended to
2-18 read as follows:
2-19 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED.
2-20 (a) Except as provided by Subsection (b), reports [Reports] under
2-21 this subchapter shall be filed with the authority with whom the
2-22 candidate's campaign treasurer appointment is required to be filed.
2-23 (b) A report required to be filed under this subchapter by a
2-24 candidate for a judicial district office filled by voters of only
2-25 one county shall also be filed with the county clerk.
2-26 SECTION 3. Section 254.097, Election Code, is amended to
3-1 read as follows:
3-2 Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED.
3-3 (a) Except as provided by Subsection (b), reports [Reports] under
3-4 this subchapter shall be filed with the authority with whom a
3-5 campaign treasurer appointment by a candidate for the office held
3-6 by the officeholder is required to be filed.
3-7 (b) A report required to be filed under this subchapter by
3-8 the holder of a judicial district office filled by voters of only
3-9 one county shall also be filed with the county clerk.
3-10 SECTION 4. Section 254.130, Election Code, is amended to
3-11 read as follows:
3-12 Sec. 254.130. AUTHORITY WITH WHOM REPORTS FILED.
3-13 (a) Except as provided by Subsection (b), reports [Reports] filed
3-14 under this subchapter shall be filed with the authority with whom
3-15 the political committee's campaign treasurer appointment is
3-16 required to be filed.
3-17 (b) A report required to be filed under this subchapter by a
3-18 specific-purpose committee for supporting or opposing a candidate
3-19 for or assisting a holder of a judicial district office filled by
3-20 voters of only one county shall also be filed with the county
3-21 clerk.
3-22 SECTION 5. This Act takes effect September 1, 1999.
3-23 SECTION 6. (a) The change in law made by Section 252.005,
3-24 Election Code, as amended by this Act, applies to a campaign
3-25 treasurer appointment filed on or after the effective date of this
3-26 Act. A campaign treasurer appointment that is affected by that
4-1 change in law and that was filed before the effective date of this
4-2 Act shall be refiled with the Texas Ethics Commission not later
4-3 than January 1, 2000.
4-4 (b) The changes in law made by Sections 254.066, 254.097,
4-5 and 254.130, Election Code, as amended by this Act, apply only to a
4-6 campaign finance report filed on or after the effective date of
4-7 this Act. A campaign finance report filed before the effective
4-8 date of this Act is covered by the law in effect when the report
4-9 was filed, and the former law is continued in effect for that
4-10 purpose.
4-11 SECTION 7. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.