1-1 By: Ellis S.B. No. 1726
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 23, 1999, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the filing of certain judicial office campaign
1-9 treasurer appointments and campaign finance reports.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 252.005, Election Code, is amended to
1-12 read as follows:
1-13 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
1-14 CANDIDATE. An individual must file a campaign treasurer
1-15 appointment for the individual's own candidacy with:
1-16 (1) the commission, if the appointment is made for
1-17 candidacy for:
1-18 (A) a statewide office;
1-19 (B) a district office filled by voters of more
1-20 than one county;
1-21 (C) a judicial district office filled by voters
1-22 of only one county;
1-23 (D) state senator;
1-24 (E) [(D)] state representative; or
1-25 (F) [(E)] the State Board of Education;
1-26 (2) the county clerk, if the appointment is made for
1-27 candidacy for a county office, a precinct office, or a district
1-28 office other than one included in Subdivision (1);
1-29 (3) the clerk or secretary of the governing body of
1-30 the political subdivision or, if the political subdivision has no
1-31 clerk or secretary, with the governing body's presiding officer, if
1-32 the appointment is made for candidacy for an office of a political
1-33 subdivision other than a county;
1-34 (4) the county clerk if:
1-35 (A) the appointment is made for candidacy for an
1-36 office of a political subdivision other than a county;
1-37 (B) the governing body for the political
1-38 subdivision has not been formed; and
1-39 (C) no boundary of the political subdivision
1-40 crosses a boundary of the county; or
1-41 (5) the commission if:
1-42 (A) the appointment is made for candidacy for an
1-43 office of a political subdivision other than a county;
1-44 (B) the governing body for the political
1-45 subdivision has not been formed; and
1-46 (C) the political subdivision is situated in
1-47 more than one county.
1-48 SECTION 2. Section 254.066, Election Code, is amended to
1-49 read as follows:
1-50 Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED.
1-51 (a) Except as provided by Subsection (b), reports [Reports] under
1-52 this subchapter shall be filed with the authority with whom the
1-53 candidate's campaign treasurer appointment is required to be filed.
1-54 (b) A report required to be filed under this subchapter by a
1-55 candidate for a judicial district office filled by voters of only
1-56 one county shall also be filed with the county clerk.
1-57 SECTION 3. Section 254.097, Election Code, is amended to
1-58 read as follows:
1-59 Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED.
1-60 (a) Except as provided by Subsection (b), reports [Reports] under
1-61 this subchapter shall be filed with the authority with whom a
1-62 campaign treasurer appointment by a candidate for the office held
1-63 by the officeholder is required to be filed.
1-64 (b) A report required to be filed under this subchapter by
2-1 the holder of a judicial district office filled by voters of only
2-2 one county shall also be filed with the county clerk.
2-3 SECTION 4. Section 254.130, Election Code, is amended to
2-4 read as follows:
2-5 Sec. 254.130. AUTHORITY WITH WHOM REPORTS FILED.
2-6 (a) Except as provided by Subsection (b), reports [Reports] filed
2-7 under this subchapter shall be filed with the authority with whom
2-8 the political committee's campaign treasurer appointment is
2-9 required to be filed.
2-10 (b) A report required to be filed under this subchapter by a
2-11 specific-purpose committee for supporting or opposing a candidate
2-12 for or assisting a holder of a judicial district office filled by
2-13 voters of only one county shall also be filed with the county
2-14 clerk.
2-15 SECTION 5. This Act takes effect September 1, 1999.
2-16 SECTION 6. (a) The change in law made by Section 252.005,
2-17 Election Code, as amended by this Act, applies to a campaign
2-18 treasurer appointment filed on or after the effective date of this
2-19 Act. A campaign treasurer appointment that is affected by that
2-20 change in law and that was filed before the effective date of this
2-21 Act shall be refiled with the Texas Ethics Commission not later
2-22 than January 1, 2000.
2-23 (b) The changes in law made by Sections 254.066, 254.097,
2-24 and 254.130, Election Code, as amended by this Act, apply only to a
2-25 campaign finance report filed on or after the effective date of
2-26 this Act. A campaign finance report filed before the effective
2-27 date of this Act is covered by the law in effect when the report
2-28 was filed, and the former law is continued in effect for that
2-29 purpose.
2-30 SECTION 7. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended.
2-35 * * * * *