By Ellis S.B. No. 1726
76R1998 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the filing of certain judicial office campaign
1-3 treasurer appointments and campaign finance reports.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 252.005, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
1-8 CANDIDATE. An individual must file a campaign treasurer
1-9 appointment for the individual's own candidacy with:
1-10 (1) the commission, if the appointment is made for
1-11 candidacy for:
1-12 (A) a statewide office;
1-13 (B) a district office filled by voters of more
1-14 than one county;
1-15 (C) a judicial district office filled by voters
1-16 of only one county;
1-17 (D) state senator;
1-18 (E) [(D)] state representative; or
1-19 (F) [(E)] the State Board of Education;
1-20 (2) the county clerk, if the appointment is made for
1-21 candidacy for a county office, a precinct office, or a district
1-22 office other than one included in Subdivision (1);
1-23 (3) the clerk or secretary of the governing body of
1-24 the political subdivision or, if the political subdivision has no
2-1 clerk or secretary, with the governing body's presiding officer, if
2-2 the appointment is made for candidacy for an office of a political
2-3 subdivision other than a county;
2-4 (4) the county clerk if:
2-5 (A) the appointment is made for candidacy for an
2-6 office of a political subdivision other than a county;
2-7 (B) the governing body for the political
2-8 subdivision has not been formed; and
2-9 (C) no boundary of the political subdivision
2-10 crosses a boundary of the county; or
2-11 (5) the commission if:
2-12 (A) the appointment is made for candidacy for an
2-13 office of a political subdivision other than a county;
2-14 (B) the governing body for the political
2-15 subdivision has not been formed; and
2-16 (C) the political subdivision is situated in
2-17 more than one county.
2-18 SECTION 2. Section 254.066, Election Code, is amended to
2-19 read as follows:
2-20 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED.
2-21 (a) Except as provided by Subsection (b), reports [Reports] under
2-22 this subchapter shall be filed with the authority with whom the
2-23 candidate's campaign treasurer appointment is required to be filed.
2-24 (b) A report required to be filed under this subchapter by a
2-25 candidate for a judicial district office filled by voters of only
2-26 one county shall also be filed with the county clerk.
2-27 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. (a)
3-3 Except as provided by Subsection (b), reports [Reports] under this
3-4 subchapter shall be filed with the authority with whom a campaign
3-5 treasurer appointment by a candidate for the office held by the
3-6 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
3-27 change in law and that was filed before the effective date of this
4-1 Act shall be refiled with the Texas Ethics Commission not later
4-2 than January 1, 2000.
4-3 (b) The changes in law made by Sections 254.066, 254.097,
4-4 and 254.130, as amended by this Act, apply only to a campaign
4-5 finance report filed on or after the effective date of this Act. A
4-6 campaign finance report filed before the effective date of this Act
4-7 is covered by the law in effect when the report was filed, and the
4-8 former law is continued in effect for that purpose.
4-9 SECTION 7. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.