By Gallego                                               H.B. No. 4
         77R128 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to nonpartisan elections for statewide judicial office, to
 1-3     the regulation of political contributions and expenditures in
 1-4     connection with statewide judicial office, and to the public
 1-5     financing of campaigns for statewide judicial office; providing
 1-6     civil and criminal penalties.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8               ARTICLE 1.  NONPARTISAN ELECTIONS FOR STATEWIDE
 1-9                               JUDICIAL OFFICE
1-10           SECTION 1.01.  The Election Code is amended by adding Title
1-11     17 to read as follows:
1-12               TITLE 17.  NONPARTISAN ELECTIONS FOR STATEWIDE
1-13                               JUDICIAL OFFICE
1-14                 CHAPTER 291.  NONPARTISAN JUDICIAL ELECTION
1-15           SUBCHAPTER A.  NONPARTISAN ELECTION OF JUDGES GENERALLY
1-16           Sec. 291.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter
1-17     applies only to the offices of:
1-18                 (1)  chief justice and justice, supreme court; and
1-19                 (2)  presiding judge and judge, court of criminal
1-20     appeals.
1-21           (b)  A justice or judge is subject to nonpartisan election in
1-22     accordance with this chapter at the last nonpartisan judicial
1-23     general election to be held before the date the justice's or
1-24     judge's term expires.
 2-1           Sec. 291.002.  PARTY NOMINATION PROHIBITED.  Nomination for a
 2-2     nonpartisan judicial office by a political party is prohibited.
 2-3           Sec. 291.003.  APPLICABILITY OF OTHER PARTS OF CODE.  The
 2-4     other titles of this code apply to a nonpartisan judicial election
 2-5     except provisions that are inconsistent with this title or that
 2-6     cannot feasibly be applied in a nonpartisan judicial election.
 2-7           Sec. 291.004.  ADDITIONAL PROCEDURES.  The secretary of state
 2-8     shall prescribe any additional procedures necessary for the orderly
 2-9     and proper administration of elections held under this chapter.
2-10              (Sections 291.005-291.020 reserved for expansion)
2-11                SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
2-12           Sec. 291.021.  APPLICATION REQUIRED.  (a)  To be entitled to
2-13     a place on the nonpartisan judicial election ballot, a candidate
2-14     must make an application for a place on the ballot.
2-15           (b)  An application must, in addition to complying with
2-16     Section 141.031, be accompanied by the appropriate filing fee or,
2-17     instead of the filing fee, a petition that satisfies the
2-18     requirements prescribed by Section 141.062.
2-19           (c)  An application filed by mail is considered to be filed
2-20     at the time of its receipt by the secretary of state.
2-21           Sec. 291.022.  AUTHORITY WITH WHOM APPLICATION FILED.  An
2-22     application for a place on the nonpartisan judicial election ballot
2-23     must be filed with the secretary of state.
2-24           Sec. 291.023.  REGULAR FILING DEADLINE.  (a)  An application
2-25     for a place on the nonpartisan judicial election ballot must be
2-26     filed not later than 5 p.m. of the 120th day before election day,
2-27     except as provided by Sections 291.053 and 202.008.
 3-1           (b)  An application may not be filed earlier than the 30th
 3-2     day before the date of the regular filing deadline.
 3-3           Sec. 291.024.  FILING FEE.  (a)  The filing fee for a
 3-4     nonpartisan judicial candidate is $3,000.
 3-5           (b)  A filing fee received by the secretary of state shall be
 3-6     deposited in the state treasury to the credit of the general
 3-7     revenue fund.
 3-8           Sec. 291.025.  NUMBER OF PETITION SIGNATURES REQUIRED.  The
 3-9     petition required by Section 291.021 must be signed by at least
3-10     5,000 registered voters in this state.
3-11           Sec. 291.026.  STATEMENT ON PETITION.  The following
3-12     statement must appear at the top of each page of a petition to be
3-13     filed under Section 291.021:  "I know that the purpose of this
3-14     petition is to entitle (insert candidate's name) to have his or her
3-15     name placed on the ballot for the office of (insert office title,
3-16     including any place number) for the nonpartisan judicial election."
3-17           Sec. 291.027.  CERTIFICATION OF NAMES FOR PLACEMENT ON
3-18     NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT.  (a)  Except as
3-19     provided by Subsection (c), the secretary of state shall certify in
3-20     writing for placement on the nonpartisan judicial general election
3-21     ballot the name of each candidate who files with the secretary an
3-22     application that complies with Section 291.021(b).
3-23           (b)  Not later than the 55th day before election day, the
3-24     secretary of state shall deliver the certification to the authority
3-25     responsible for having the official ballot prepared in each county
3-26     in which the candidate's name is to appear on the ballot.
3-27           (c)  A candidate's name may not be certified:
 4-1                 (1)  if, before delivering the certification, the
 4-2     secretary of state learns that the name is to be omitted from the
 4-3     ballot under Section 291.054; or
 4-4                 (2)  for an office for which the candidate's
 4-5     application is invalid under Section 141.033.
 4-6              (Sections 291.028-291.050 reserved for expansion)
 4-7             SUBCHAPTER C.  WITHDRAWAL, DEATH, AND INELIGIBILITY
 4-8                                OF CANDIDATE
 4-9           Sec. 291.051.  WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY.
4-10     With respect to withdrawal, death, or ineligibility of a candidate
4-11     in a nonpartisan judicial election, this subchapter supersedes
4-12     Subchapter A, Chapter 145, to the extent of any conflict.
4-13           Sec. 291.052.  WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL
4-14     ELECTION.  (a)  A candidate may not withdraw from the nonpartisan
4-15     judicial general election after the 65th day before election day.
4-16           (b)  A withdrawal request must be filed with the secretary of
4-17     state.
4-18           Sec. 291.053.  EXTENDED FILING DEADLINE.  (a)  The deadline
4-19     for filing an application for a place on the nonpartisan judicial
4-20     general election ballot is extended as provided by this section if
4-21     a candidate who has made an application that complies with the
4-22     applicable requirements:
4-23                 (1)  dies on or after the fifth day before the date of
4-24     the regular filing deadline and on or before the 65th day before
4-25     election day;
4-26                 (2)  holds the office for which the application was
4-27     made and withdraws or is declared ineligible on or after the date
 5-1     of the regular filing deadline and on or before the 65th day before
 5-2     election day; or
 5-3                 (3)  withdraws or is declared ineligible during the
 5-4     period prescribed by Subdivision (2), and at the time of the
 5-5     withdrawal or declaration of ineligibility no other candidate has
 5-6     made an application that complies with the applicable requirements
 5-7     for the office sought by the withdrawn or ineligible candidate.
 5-8           (b)  An application for an office sought by a withdrawn,
 5-9     deceased, or ineligible candidate must be filed not later than 5
5-10     p.m. of the 60th day before election day.
5-11           (c)  If the deadline for filing applications is extended,
5-12     notice of the extended filing shall be given in the same manner as
5-13     provided under Section 172.055 for a primary election.
5-14           Sec. 291.054.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
5-15     NAME OMITTED FROM NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT.  A
5-16     candidate's name shall be omitted from the nonpartisan judicial
5-17     general election ballot if the candidate withdraws, dies, or is
5-18     declared ineligible on or before the 65th day before election day. 
5-19           Sec. 291.055.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
5-20     APPEAR ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT.  If a
5-21     candidate who has made an application for a place on the
5-22     nonpartisan judicial general election ballot that complies with the
5-23     applicable requirements dies or is declared ineligible after the
5-24     65th day before election day, the candidate's name shall be placed
5-25     on the nonpartisan judicial general election ballot.
5-26              (Sections 291.056-291.070 reserved for expansion)
5-27                      SUBCHAPTER D. CONDUCT OF ELECTION
 6-1           Sec. 291.071.  NONPARTISAN JUDICIAL ELECTION BALLOT.  The
 6-2     nonpartisan judicial offices and candidates shall be listed as a
 6-3     separate ballot on the general election ballot following the
 6-4     partisan offices under the heading "Election For Nonpartisan
 6-5     Judicial Offices."
 6-6           Sec. 291.072.  GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
 6-7     JUDICIAL ELECTION.  Except as otherwise provided by this code, the
 6-8     nonpartisan judicial election shall be conducted and the results
 6-9     canvassed, tabulated, and reported in the manner applicable to
6-10     partisan offices in the general election for state and county
6-11     officers.
6-12           SECTION 1.02.  Section 1.005, Election Code, is amended by
6-13     amending Subdivision (9) and by adding Subdivisions (25) and (26)
6-14     to read as follows:
6-15                 (9)  "Independent candidate" means a candidate in a
6-16     nonpartisan election or a candidate in a partisan election who is
6-17     not the nominee of a political party.  The term does not include a
6-18     nonpartisan judicial candidate.
6-19                 (25)  "Nonpartisan judicial candidate" means a
6-20     candidate in a nonpartisan judicial election.
6-21                 (26)  "Nonpartisan judicial election" means an election
6-22     held under Chapter 291.
6-23           SECTION 1.03.  Section 41.002, Election Code, is amended to
6-24     read as follows:
6-25           Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
6-26     The general election for state and county officers, including the
6-27     nonpartisan judicial general election, shall be held on the first
 7-1     Tuesday after the first Monday in November in even-numbered years. 
 7-2           SECTION 1.04.  Section 52.092, Election Code, is amended by
 7-3     amending Subsections (a), (c), and (g)-(j) and by adding
 7-4     Subsections (k) and (l) to read as follows:
 7-5           (a)  For an election at which offices regularly filled at the
 7-6     general election for state and county officers, including the
 7-7     nonpartisan judicial election, are to appear on the ballot, the
 7-8     offices shall be listed in the following order:
 7-9                 (1)  offices of the federal government;
7-10                 (2)  offices of the state government:
7-11                       (A)  statewide offices;
7-12                       (B)  district offices;
7-13                 (3)  offices of the county government:
7-14                       (A)  county offices;
7-15                       (B)  precinct offices.
7-16           (c)  Statewide offices of the state government shall be
7-17     listed in the following order:
7-18                 (1)  governor;
7-19                 (2)  lieutenant governor;
7-20                 (3)  attorney general;
7-21                 (4)  comptroller [of public accounts];
7-22                 (5)  commissioner of the General Land Office;
7-23                 (6)  commissioner of agriculture;
7-24                 (7)  railroad commissioner[;]
7-25                 [(8)  chief justice, supreme court;]
7-26                 [(9)  justice, supreme court;]
7-27                 [(10)  presiding judge, court of criminal appeals;]
 8-1                 [(11)  judge, court of criminal appeals].
 8-2           (g)  The nonpartisan judicial offices shall be listed in the
 8-3     following order:
 8-4                 (1)  chief justice, supreme court;
 8-5                 (2)  justice, supreme court;
 8-6                 (3)  presiding judge, court of criminal appeals;
 8-7                 (4)  judge, court of criminal appeals.
 8-8           (h)  If two or more offices having the same title except for
 8-9     a place number or other distinguishing number are to appear on the
8-10     ballot, the number shall appear as part of the office title and the
8-11     offices shall be listed in numerical order.
8-12           (i) [(h)]  The secretary of state shall assign a place number
8-13     to each position to be filled at the nonpartisan judicial [general]
8-14     election [for state and county officers] for each full or unexpired
8-15     term in the following offices:
8-16                 (1)  justice, supreme court; and
8-17                 (2)  judge, court of criminal appeals.
8-18           (j)  The secretary of state shall assign a place number to
8-19     each position to be filled at the general election for state and
8-20     county officers for each full or unexpired term in the office of [;
8-21     and]
8-22                 [(3)]  justice, court of appeals, in a court having a
8-23     membership in excess of three, if distinguishing the positions to
8-24     be filled is necessary.
8-25           (k) [(i)]  The secretary of state shall designate the
8-26     position of new offices on the ballot.
8-27           (l) [(j)]  The office of judge of a multicounty statutory
 9-1     county court created under Subchapter D, Chapter 25, Government
 9-2     Code, is considered to be a county office for purposes of listing
 9-3     the office on the ballot and to be a district office for all other
 9-4     purposes under this code.
 9-5           SECTION 1.05.  Section 141.001(a), Election Code, is amended
 9-6     to read as follows:
 9-7           (a)  To be eligible to be a candidate for, or elected or
 9-8     appointed to, a public elective office in this state, a person
 9-9     must:
9-10                 (1)  be a United States citizen;
9-11                 (2)  be 18 years of age or older on the first day of
9-12     the term to be filled at the election or on the date of
9-13     appointment, as applicable;
9-14                 (3)  have not been determined mentally incompetent by a
9-15     final judgment of a court;
9-16                 (4)  have not been finally convicted of a felony from
9-17     which the person has not been pardoned or otherwise released from
9-18     the resulting disabilities;
9-19                 (5)  have resided continuously in the state for 12
9-20     months and in the territory from which the office is elected for
9-21     six months immediately preceding the following date:
9-22                       (A)  for a candidate whose name is to appear on a
9-23     general primary election ballot, the date of the regular filing
9-24     deadline for a candidate's application for a place on the ballot;
9-25                       (B)  for an independent candidate or a
9-26     nonpartisan judicial candidate, the date of the regular filing
9-27     deadline for a candidate's application for a place on the ballot;
 10-1                      (C)  for a write-in candidate, the date of the
 10-2    election at which the candidate's name is written in;
 10-3                      (D)  for a party nominee who is nominated by any
 10-4    method other than by primary election, the date the nomination is
 10-5    made; and
 10-6                      (E)  for an appointee to an office, the date the
 10-7    appointment is made; and
 10-8                (6)  satisfy any other eligibility requirements
 10-9    prescribed by law for the office.
10-10          SECTION 1.06.  Section 145.003(b), Election Code, is amended
10-11    to read as follows:
10-12          (b)  A candidate in the general election for state and county
10-13    officers, including the nonpartisan judicial general election, may
10-14    be declared ineligible before the 30th day preceding election day
10-15    by:
10-16                (1)  the party officer responsible for certifying the
10-17    candidate's name for placement on the general election ballot, in
10-18    the case of a candidate who is a political party's nominee; or
10-19                (2)  the authority with whom the candidate's
10-20    application for a place on the ballot is required to be filed, in
10-21    the case of an independent candidate or a nonpartisan judicial
10-22    candidate, as applicable.
10-23          SECTION 1.07.  Section 145.005(a), Election Code, is amended
10-24    to read as follows:
10-25          (a)  If the name of a deceased or ineligible candidate
10-26    appears on the ballot [under this chapter], the votes cast for the
10-27    candidate shall be counted and entered on the official election
 11-1    returns in the same manner as for the other candidates.
 11-2          SECTION 1.08.  Section 146.021, Election Code, is amended to
 11-3    read as follows:
 11-4          Sec. 146.021.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 11-5    applies to a write-in candidate for an office that is to be voted
 11-6    on at the general election for state and county officers, including
 11-7    the nonpartisan judicial general election.
 11-8          SECTION 1.09.  Chapter 202, Election Code, is amended by
 11-9    amending Section 202.002 and by adding Section 202.008 to read as
11-10    follows:
11-11          Sec. 202.002.  VACANCY FILLED AT GENERAL ELECTION.  (a)  If a
11-12    vacancy occurs on or before the 65th day before the date of the
11-13    general election for state and county officers, including the
11-14    nonpartisan judicial general election, held in the next-to-last
11-15    even-numbered year of a term of office, the remainder of the
11-16    unexpired term shall be filled at the next such general election
11-17    [for state and county officers], as provided by this chapter.
11-18          (b)  If a vacancy occurs after the 65th day before the
11-19    applicable [a] general election day, an election for the unexpired
11-20    term may not be held at that general election.  The appointment to
11-21    fill the vacancy continues until the next succeeding applicable
11-22    general election and until a successor has been elected and has
11-23    qualified for the office.
11-24          Sec. 202.008.  FILING DEADLINE FOR APPLICATION OF NONPARTISAN
11-25    JUDICIAL CANDIDATE.  (a)  If a vacancy in a nonpartisan judicial
11-26    office occurs on or before the 10th day before the date of the
11-27    regular deadline for filing an application for a place on the
 12-1    nonpartisan judicial general election ballot, an application for
 12-2    the unexpired term must be filed by the regular filing deadline.
 12-3          (b)  If the vacancy occurs after the 10th day before the date
 12-4    of the regular filing deadline, an application for the unexpired
 12-5    term must be filed not later than 5 p.m. of the 15th day after the
 12-6    date the vacancy occurs or 5 p.m. of the 60th day before election
 12-7    day, whichever is earlier.
 12-8          (c)  The filing fee and petition requirements for a candidate
 12-9    for an unexpired term are the same as for a candidate for a full
12-10    term.
12-11          SECTION 1.10.  Each justice or judge holding a statewide
12-12    judicial office on September 1, 2001, unless otherwise removed as
12-13    provided by law, continues in office for the term to which elected
12-14    or for the period for which appointed, as applicable.
12-15                ARTICLE 2.  CAMPAIGN FINANCE FOR STATEWIDE
12-16                              JUDICIAL OFFICE
12-17          SECTION 2.01.  Title 15, Election Code, is amended by adding
12-18    Chapter 259 to read as follows:
12-19       CHAPTER 259. PUBLIC FINANCING OF STATEWIDE JUDICIAL CAMPAIGNS
12-20                     SUBCHAPTER A.  GENERAL PROVISIONS
12-21          Sec. 259.001.  APPLICABILITY OF CHAPTER.  This chapter
12-22    applies only to the offices of:
12-23                (1)  chief justice and justice, supreme court; and
12-24                (2)  presiding judge and judge, court of criminal
12-25    appeals.
12-26          Sec. 259.002.  DEFINITION.  In this chapter, "fund" means the
12-27    judicial campaign financing fund established under Subchapter C.
 13-1          Sec. 259.003.  EFFECT OF ACCEPTING PUBLIC MONEY.  By
 13-2    accepting money from the fund, a candidate agrees to not accept
 13-3    political  contributions not authorized by this chapter.
 13-4             (Sections 259.004-259.010 reserved for expansion)
 13-5              SUBCHAPTER B.  ELIGIBILITY FOR PUBLIC FINANCING
 13-6          Sec. 259.011.  REQUIREMENTS FOR ELIGIBILITY GENERALLY.  To be
 13-7    eligible to receive public financing under this chapter, a
 13-8    candidate for an office covered by this chapter must:
 13-9                (1)  file with the commission a petition that satisfies
13-10    the requirements prescribed by:
13-11                      (A)  Section 141.062, as if the petition were a
13-12    petition filed in connection with a candidate's application for a
13-13    place on the ballot; and
13-14                      (B)  Section 259.013; and
13-15                (2)  receive political contributions in the amount and
13-16    within the period prescribed by Section 259.014.
13-17          Sec. 259.012.  CERTIFICATION OF CANDIDATE AS CONDITIONALLY
13-18    ELIGIBLE.  (a)  Not later than the fifth day after the date an
13-19    application for a place on the nonpartisan judicial election ballot
13-20    is required to be filed, the secretary of state shall certify in
13-21    writing to the commission each person who is a candidate for an
13-22    office covered by this chapter as conditionally eligible for public
13-23    financing.
13-24          (b)  Not later than the fifth day after the date the
13-25    secretary of state certifies a candidate for placement on the list
13-26    of write-in candidates as a candidate for an office covered by this
13-27    chapter, the secretary shall certify the candidate in writing to
 14-1    the commission as conditionally eligible for public financing.
 14-2          (c)  The secretary of state shall deliver a copy of a
 14-3    certification under this section to the affected candidate.
 14-4          Sec. 259.013.  PETITION REQUIREMENTS.  (a)  A petition in
 14-5    connection with a request for public financing must be signed by at
 14-6    least 1,000 registered voters in this state, at least 500 of whom
 14-7    are licensed to practice law in this state.  Not more than 20
 14-8    percent of the signers may be residents of the same county.  A
 14-9    person may not sign a petition for more than one candidate for the
14-10    same office.
14-11          (b)  The signatures of persons who are licensed to practice
14-12    law in this state must:
14-13                (1)  be on sheets that are separate from the signatures
14-14    of other persons; and
14-15                (2)  be accompanied by the person's State Bar of Texas
14-16    registration number.
14-17          (c)  A person who signs a petition under this section must,
14-18    at the time of signing, make a political contribution to the
14-19    candidate of at least $5 and not more than $100.  A political
14-20    contribution accepted under this subsection must be in the form of
14-21    cash or a check.
14-22          (d)  A candidate requesting public financing under this
14-23    chapter must file the petition with the commission not later than
14-24    the applicable deadline for filing an application for a place on
14-25    the nonpartisan judicial election ballot or a declaration of
14-26    write-in candidacy.
14-27          (e)  The circulation of a petition to be filed under this
 15-1    subchapter in connection with a candidate's request for public
 15-2    financing does not constitute candidacy or an announcement of
 15-3    candidacy for purposes of the automatic resignation provisions of
 15-4    Section 65, Article XVI, or Section 11, Article XI, Texas
 15-5    Constitution.
 15-6          Sec. 259.014.  REQUIRED CAMPAIGN CONTRIBUTIONS.  (a)  A
 15-7    candidate for an office covered by this chapter must accept and
 15-8    receive at least $30,000 in political contributions during the
 15-9    period:
15-10                (1)  beginning on the 120th day before the date an
15-11    application for a place on the nonpartisan judicial election ballot
15-12    is required to be filed; and
15-13                (2)  ending on the June 30 preceding the date an
15-14    application for a place on the nonpartisan judicial election ballot
15-15    is required to be filed.
15-16          (b)  A candidate for an office covered by this chapter may
15-17    not accept a political contribution from a person during the period
15-18    prescribed by Subsection (a) that, when aggregated with all
15-19    political contributions accepted by the candidate from the person
15-20    during that period, would exceed $100.  A candidate who receives a
15-21    political contribution that would, if accepted, violate this
15-22    subsection, shall return the contribution not later than the fifth
15-23    day after the date the contribution is received.
15-24          (c)  A political contribution accepted under this section
15-25    must be in the form of cash or a check.
15-26          (d)  Not later than the fifth day after the date prescribed
15-27    by Subsection (a)(2), a candidate who received more than $30,000 in
 16-1    political contributions under this section shall deliver to the
 16-2    commission an amount equal to the difference between the amount of
 16-3    political contributions received and $30,000. The commission shall
 16-4    deliver money received under this subsection to the comptroller for
 16-5    deposit in the fund.
 16-6          (e)  Notwithstanding Section 254.034, a candidate who is
 16-7    requesting public financing and who accepts a political
 16-8    contribution under this section but who does not receive the
 16-9    contribution until after the date prescribed by Subsection (a)(2)
16-10    shall return the contribution to the contributor not later than the
16-11    fifth day after the date the candidate receives the contribution.
16-12          (f)  Section 253.1571 does not apply to a political
16-13    contribution accepted under this section.
16-14          Sec. 259.015.  CERTIFICATION OF CANDIDATE AS ELIGIBLE.  (a)
16-15    Not later than the fifth day after the date the commission
16-16    determines a candidate is eligible, the commission shall certify to
16-17    the comptroller as eligible for public financing each candidate
16-18    who:
16-19                (1)  is certified to the commission as conditionally
16-20    eligible; and
16-21                (2)  meets the requirements prescribed by Section
16-22    259.011.
16-23          (b)  A determination as to whether a candidate meets the
16-24    requirements prescribed by Section 259.014 must be based on reports
16-25    of political contributions and expenditures filed under Chapter
16-26    254.  The commission is not required to make a determination as to
16-27    whether a candidate is eligible until the candidate makes a written
 17-1    request for a determination.  The commission shall make a
 17-2    determination not later than the 15th day after the later of:
 17-3                (1)  the date the commission receives the request for a
 17-4    determination; or
 17-5                (2)  the date the candidate files a report under
 17-6    Chapter 254 covering the period prescribed by Section 259.014.
 17-7          (c)  The commission shall deliver a copy of a certification
 17-8    under this section to the affected candidate.
 17-9          Sec. 259.016.  VERIFICATION OF PETITION.  (a)  The commission
17-10    is not required to verify a petition filed under Section 259.013
17-11    unless, not later than the 10th day after the date a petition is
17-12    required to be filed under Section 259.013, a person alleges to the
17-13    commission in writing that the petition does not meet the
17-14    requirements prescribed by Sections 141.062 and 259.013.
17-15          (b)  The commission shall verify a petition as promptly as
17-16    possible after receiving an allegation under Subsection (a).
17-17    Pending verification, the commission may not certify the candidate
17-18    to the comptroller as eligible for public financing.
17-19          (c)  On request of the commission:
17-20                (1)  a voter registrar shall verify the voter
17-21    registration status of a signer of a petition filed with the
17-22    commission who the petition indicates is registered or has been
17-23    approved for registration in the county served by the registrar;
17-24    and
17-25                (2)  the clerk of the supreme court shall verify the
17-26    membership status of a signer of a petition filed with the
17-27    commission who the petition indicates is licensed to practice law
 18-1    in this state.
 18-2          (d)  If the commission verifies that the petition meets the
 18-3    requirements prescribed by Sections 141.062 and 259.013:
 18-4                (1)  the commission shall certify the candidate to the
 18-5    comptroller as eligible for public financing; and
 18-6                (2)  the comptroller shall distribute to the candidate
 18-7    from the fund any money to which the candidate would have been
 18-8    entitled if the candidate had been eligible during the period in
 18-9    which the verification was pending.
18-10             (Sections 259.017-259.050 reserved for expansion
18-11              SUBCHAPTER C.  JUDICIAL CAMPAIGN FINANCING FUND
18-12          Sec. 259.051.  JUDICIAL CAMPAIGN FINANCING FUND.  (a)  The
18-13    judicial campaign financing fund is in the state treasury.
18-14          (b)  The fund consists of:
18-15                (1)  amounts transferred to the fund under Subsection
18-16    (c);
18-17                (2)  amounts refunded to the fund under Section 259.055
18-18    or 259.056;
18-19                (3)  amounts paid to the commission under Section
18-20    259.014(d);
18-21                (4)  amounts appropriated to the fund; and
18-22                (5)  amounts received by the commission or comptroller
18-23    as a gift or grant to the fund.
18-24          (c)  Each even-numbered calendar year, the comptroller shall
18-25    transfer to the fund from the general revenue fund amounts that in
18-26    the aggregate equal the amount of attorney occupation taxes, not
18-27    including penalties or interest, collected under Subchapter H,
 19-1    Chapter 191, Tax Code, in that calendar year and the preceding
 19-2    calendar year.  The comptroller shall make the transfers as
 19-3    necessary to permit the comptroller to make the distributions
 19-4    required by Section 259.053.
 19-5          (d)  For a person to be eligible to receive public financing,
 19-6    the commission must certify to the comptroller that the person is
 19-7    eligible as provided by Section 259.015.
 19-8          (e)  Money in the fund may be used for preparation of a voter
 19-9    information pamphlet as provided by Subchapter E.
19-10          Sec. 259.052.  FUNDS FOR ELIGIBLE CANDIDATES.  (a)  In
19-11    connection with each nonpartisan judicial election, the commission
19-12    shall, not later than the 90th day before the date an application
19-13    for a place on the nonpartisan judicial election ballot  is
19-14    required to be filed, adopt rules prescribing the total amount of
19-15    public financing to which a candidate  for an office covered by
19-16    this chapter is entitled.
19-17          (b)  The commission shall determine the amount under
19-18    Subsection (a)  based on:
19-19                (1)  the comptroller's certification as to the amount
19-20    that will be available in the fund for the calendar year in which
19-21    the election occurs; and
19-22                (2)  the secretary of state's estimation, based on
19-23    previous elections, of the number of candidates for offices covered
19-24    by this chapter.
19-25          (c)  The commission shall prescribe identical amounts under
19-26    Subsection (a)  for candidates for chief justice, supreme court,
19-27    and presiding judge, court of criminal appeals. The commission
 20-1    shall prescribe identical amounts under Subsection (a)  for
 20-2    candidates for justice, supreme court, and judge, court of criminal
 20-3    appeals.  The amounts for chief justice or presiding judge must be
 20-4    greater than the amounts for justice or judge.
 20-5          (d)  The rules adopted under Subsection (a)  must specify the
 20-6    amount of each monthly distribution from the fund.  The amount of
 20-7    any monthly distribution may not be substantially greater than the
 20-8    amount of any other monthly distribution.
 20-9          Sec. 259.053.  DISTRIBUTIONS FROM FUND.  (a)  A certified
20-10    candidate is entitled to a distribution from the fund each month
20-11    during the period:
20-12                (1)  beginning on the date an application for a place
20-13    on the nonpartisan judicial election ballot is required to be
20-14    filed; and
20-15                (2)  ending on the 30th day after the date of:
20-16                      (A)  the nonpartisan judicial general election,
20-17    if the candidate has an opponent in the nonpartisan judicial
20-18    general election; or
20-19                      (B)  except as provided by Subsection (b), the
20-20    date an application for a place on the nonpartisan judicial
20-21    election ballot is required to be filed, if the candidate does not
20-22    have an opponent in the nonpartisan judicial general election.
20-23          (b)  Notwithstanding Subsection (a)(2), after a person files
20-24    a declaration of write-in candidacy opposing a certified candidate
20-25    who does not have an opponent in the nonpartisan judicial general
20-26    election, the certified candidate is entitled to an amount equal to
20-27    10 percent of each distribution from the fund scheduled to be made
 21-1    after the date the candidate's opponent files the declaration of
 21-2    write-in candidacy.
 21-3          (c)  The comptroller shall distribute money to certified
 21-4    candidates as directed by the commission.  If the amount in the
 21-5    fund is insufficient to provide the amounts specified by Section
 21-6    259.052, the comptroller shall determine the amount of available
 21-7    money and shall distribute the amount on a pro rata basis.
 21-8          Sec. 259.054.  RESTRICTIONS ON USE OF MONEY FROM FUND.  (a)
 21-9    Money accepted by a candidate from the fund is considered to be a
21-10    campaign contribution to the candidate.  Except as otherwise
21-11    provided by this chapter, the provisions of this title regulating
21-12    the use of political contributions apply to money accepted by a
21-13    candidate from the fund.
21-14          (b)  A candidate may use money accepted from the fund only
21-15    for expenses related to the candidate's campaign for election.  A
21-16    candidate may not use money accepted from the fund to make a
21-17    political contribution to another candidate or a political
21-18    committee.
21-19          (c)  A candidate who uses money from the fund in violation of
21-20    Subsection (b):
21-21                (1)  is not eligible for any additional money from the
21-22    fund; and
21-23                (2)  is liable for a civil penalty not to exceed three
21-24    times the amount of the money used in violation of Subsection (b). 
21-25          Sec. 259.055.  REFUND OF UNEXPENDED AMOUNTS.  (a)  After the
21-26    nonpartisan judicial general election, a candidate shall refund
21-27    amounts accepted from the fund that have not been expended or
 22-1    contractually obligated.
 22-2          (b)  A candidate shall make a refund under this section to
 22-3    the comptroller not later than the 30th day after the date of the
 22-4    nonpartisan judicial general election.  The comptroller shall
 22-5    deposit refunds received under this section to the credit of the
 22-6    fund.
 22-7          (c)  A person who violates this section is liable for a civil
 22-8    penalty not to exceed three times the amount of money required to
 22-9    be refunded that was not refunded as required by this section.
22-10          Sec. 259.056.  WITHDRAWAL OR INELIGIBILITY OF CANDIDATE.
22-11    (a)  A candidate who withdraws from an election or is declared
22-12    ineligible shall refund amounts accepted from the fund that have
22-13    not been expended or contractually obligated.  The candidate shall
22-14    refund those amounts to the comptroller not later than the 10th day
22-15    after the date the candidate withdraws or is declared ineligible.
22-16    The comptroller shall deposit refunds received under this section
22-17    to the credit of the fund.
22-18          (b)  A person who violates this section is liable for a civil
22-19    penalty not to exceed three times the amount of money required to
22-20    be refunded that was not refunded as required by this section.
22-21             (Sections 259.057-259.100 reserved for expansion
22-22           SUBCHAPTER D.  RESTRICTIONS ON ACCEPTANCE AND USE OF
22-23                          POLITICAL CONTRIBUTIONS
22-24          Sec. 259.101.  ACCEPTANCE OF CONTRIBUTIONS PROHIBITED.  (a)
22-25    Except as provided by Section 259.013, 259.014, or 259.103, a
22-26    candidate or officeholder who accepts public financing or a
22-27    specific-purpose committee for supporting or opposing such a
 23-1    candidate or assisting such an officeholder may not accept a
 23-2    political contribution in connection with the office for which the
 23-3    candidate or officeholder accepted public financing.
 23-4          (b)  A person who violates this section is liable for a civil
 23-5    penalty not to exceed three times the amount of political
 23-6    contributions used in violation of this section.
 23-7          Sec. 259.102.  USE OF CONTRIBUTION FROM OTHER OFFICE
 23-8    PROHIBITED.  (a)  Except as provided by Section 259.103, a
 23-9    candidate or officeholder who accepts public financing or a
23-10    specific-purpose committee for supporting or opposing such a
23-11    candidate or assisting such an officeholder may not use a political
23-12    contribution to make a campaign expenditure for the office for
23-13    which the candidate or officeholder accepted public financing or to
23-14    make an officeholder expenditure in connection with that office if
23-15    the contribution was accepted while the candidate or officeholder:
23-16                (1)  was a candidate for an office other than the
23-17    office for which the candidate or officeholder accepted public
23-18    financing; or
23-19                (2)  held an office other than the office for which the
23-20    candidate or officeholder accepted public financing, unless the
23-21    person had become a candidate for that office and the contribution
23-22    was accepted under Section 259.014.
23-23          (b)  A person who violates this section is liable for a civil
23-24    penalty not to exceed three times the amount of political
23-25    contributions used in violation of this section.
23-26          Sec. 259.103.  RESTRICTIONS NOT APPLICABLE TO CERTAIN
23-27    OFFICEHOLDERS.  (a)  Sections 259.101 and 259.102 do not  apply to
 24-1    an officeholder who accepted public financing and who seeks
 24-2    reelection to the office for which the officeholder accepted public
 24-3    financing or election to another office covered by this chapter if
 24-4    the officeholder files a written statement with the commission that
 24-5    the officeholder will not request public financing for the
 24-6    reelection or election.
 24-7          (b)  An officeholder who files a statement under Subsection
 24-8    (a)  is not eligible for public financing for the reelection or
 24-9    election to which the statement relates.
24-10          (c)  An officeholder who accepted public financing or a
24-11    specific-purpose committee for assisting such an officeholder or
24-12    for supporting such an officeholder as a candidate may not accept a
24-13    political contribution before the officeholder files a statement
24-14    under Subsection (a).
24-15          (d)  A person who violates Subsection (c) is liable for a
24-16    civil penalty not to exceed three times the amount of political
24-17    contributions used in violation of Subsection (c).
24-18          Sec. 259.104.  RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER
24-19    PURPOSES.  An officeholder who accepted public financing may retain
24-20    and use for officeholder purposes the unexpended amount, if any, of
24-21    political contributions accepted under Section 259.013 or 259.014. 
24-22             (Sections 259.105-259.130 reserved for expansion
24-23          SUBCHAPTER E.  VOTER INFORMATION PAMPHLET FOR STATEWIDE
24-24                            JUDICIAL ELECTIONS
24-25          Sec. 259.131.  APPLICABILITY OF SUBCHAPTER.  This subchapter
24-26    applies to each candidate certified as eligible for public
24-27    financing.
 25-1          Sec. 259.132.  STATEMENT FILED BY CANDIDATE.  Not later than
 25-2    the 70th day before the date of the nonpartisan judicial general
 25-3    election, a candidate for an office covered by this subchapter may
 25-4    file with the secretary of state an informational statement, on a
 25-5    form prescribed by the secretary, to be included in the voter
 25-6    information pamphlet for that election.
 25-7          Sec. 259.133.  STATEMENT REQUIREMENTS.  (a)  A candidate's
 25-8    statement must include a summary of the following information:
 25-9                (1)  current occupation;
25-10                (2)  educational and occupational background;
25-11                (3)  biographical information; and
25-12                (4)  any previous experience serving in government.
25-13          (b)  A candidate's statement may not directly or indirectly
25-14    indicate the candidate's party affiliation, if any.
25-15          (c)  The secretary of state shall prescribe the format and
25-16    length of the candidate's statement.
25-17          Sec. 259.134.  REVIEW BY SECRETARY OF STATE.  (a)  Not later
25-18    than the fifth day after the date the candidate's statement is
25-19    received, the secretary of state shall review the statement to
25-20    determine whether it complies with this subchapter.
25-21          (b)  If the secretary of state determines that the statement
25-22    does not comply with the applicable requirements, the secretary
25-23    shall reject the statement and deliver written notice of the reason
25-24    for the rejection to the candidate not later than the second day
25-25    after the date of rejection.
25-26          (c)  A candidate whose statement is rejected may resubmit the
25-27    statement subject to the prescribed deadline.
 26-1          Sec. 259.135.  PREPARATION OF PAMPHLET.  (a)  The secretary
 26-2    of state shall contract for the preparation and printing of the
 26-3    voter information pamphlet after soliciting bids for that work.
 26-4    The secretary may prepare or print the pamphlet if the secretary
 26-5    determines that the costs of that preparation or printing are less
 26-6    than or equal to the most reasonable bid submitted.
 26-7          (b)  The pamphlet must include each statement that complies
 26-8    with this subchapter and is filed by a candidate the commission has
 26-9    certified as eligible for public financing. Candidates whose names
26-10    will appear on the ballot and write-in candidates must be shown in
26-11    separate groups.  The order of the candidates' names within the
26-12    groups is determined by a drawing conducted by the secretary of
26-13    state.
26-14          (c)  The secretary of state shall prescribe appropriate
26-15    explanatory material to be included in the pamphlet to assist the
26-16    voters, including a statement that the pamphlet may be used at the
26-17    polls to assist the voters in marking their ballots.
26-18          Sec. 259.136.  DISTRIBUTION OF PAMPHLET.  Not later than the
26-19    45th day before the date of each nonpartisan judicial general
26-20    election, the secretary of state shall mail the voter information
26-21    pamphlet to each household in this state in which a registered
26-22    voter resides.
26-23          Sec. 259.137.  ADDITIONAL PROCEDURES.  The secretary of state
26-24    shall prescribe any additional procedures necessary to implement
26-25    this subchapter.
26-26          SECTION 2.02.  Section 253.157, Election Code, is amended by
26-27    amending Subsections (a)  and (e) and by adding Subsection (f) to
 27-1    read as follows:
 27-2          (a)  A judicial candidate or officeholder [or a
 27-3    specific-purpose committee for supporting or opposing a judicial
 27-4    candidate] may not accept a political contribution in excess of $50
 27-5    from a person if:
 27-6                (1)  the person is a law firm, a member of a law firm,
 27-7    or a general-purpose committee established or controlled by a law
 27-8    firm; and
 27-9                (2)  the contribution when aggregated with all
27-10    political contributions accepted by the candidate or [,]
27-11    officeholder[, or committee] from the law firm, other members of
27-12    the law firm, or a general-purpose committee established or
27-13    controlled by the law firm in connection with the election would
27-14    exceed six times the applicable contribution limit under Section
27-15    253.155.
27-16          (e)  This section does not apply to a political contribution
27-17    to a candidate for or holder of a statewide judicial office or to a
27-18    specific-purpose committee for supporting or opposing such a
27-19    candidate or assisting such an officeholder.
27-20          (f)  In this section:
27-21                (1)  "Law firm" means a partnership, limited liability
27-22    partnership, or professional corporation organized for the practice
27-23    of law.
27-24                (2)  "Member" means a partner, associate, shareholder,
27-25    employee, or person designated "of counsel" or "of the firm".
27-26          SECTION 2.03.  Subchapter F, Chapter 253, Election Code, is
27-27    amended by adding Section 253.1571 to read as follows:
 28-1          Sec. 253.1571.  CERTAIN CONTRIBUTIONS IN CONNECTION WITH
 28-2    STATEWIDE JUDICIAL OFFICE PROHIBITED.  (a)  Except as provided by
 28-3    Section 259.013 or 259.014, a candidate for or holder of a
 28-4    statewide judicial office may not knowingly accept a political
 28-5    contribution from:
 28-6                (1)  a person licensed to practice law in this state;
 28-7                (2)  a law firm;
 28-8                (3)  a political committee established or controlled by
 28-9    a law firm;
28-10                (4)  a general-purpose committee in which persons
28-11    described by Subdivisions (1)-(3) constitute 20 percent or more of
28-12    the committee's total membership;
28-13                (5)  a general-purpose committee that, in the preceding
28-14    three calendar years, or in the period beginning on the date the
28-15    committee filed its initial campaign treasurer appointment and
28-16    ending on the preceding December 31, if the committee has not been
28-17    in existence for at least three calendar years, accepted political
28-18    contributions from persons described by Subdivisions (1)-(3) that,
28-19    in the aggregate, exceed 20 percent of the total amount of
28-20    political contributions accepted by the committee during that
28-21    period;
28-22                (6)  a general-purpose committee that has not been in
28-23    existence for at least 12 months before the date the contribution
28-24    is accepted;
28-25                (7)  a person who, at the time the contribution is
28-26    accepted, is a party to an action pending in a district court, a
28-27    court of appeals, the supreme court, or the court of criminal
 29-1    appeals; or
 29-2                (8)  a person who has a substantial interest, as
 29-3    determined under Section 572.005, Government Code, in a business
 29-4    entity that, at the time the contribution is accepted, is a party
 29-5    to an action pending in a district court, a court of appeals, the
 29-6    supreme court, or the court of criminal appeals.
 29-7          (b)  A person who violates this section commits an offense.
 29-8    An offense under this section is a Class A misdemeanor.
 29-9          (c)  In this section, "law firm" has the meaning assigned by
29-10    Section 253.157.
29-11          SECTION 2.04.  Section 253.158(a), Election Code, is amended
29-12    to read as follows:
29-13          (a)  For purposes of Sections 253.155, [and] 253.157, and
29-14    253.1571, a contribution by the spouse or child of an individual is
29-15    considered to be a contribution by the individual.
29-16          SECTION 2.05.  Sections 253.159 and 253.1601, Election Code,
29-17    are amended to read as follows:
29-18          Sec. 253.159.  EXCEPTION TO CONTRIBUTION LIMITS AND
29-19    RESTRICTIONS.  Sections 253.155, [and] 253.157, and 253.1571 do not
29-20    apply to an individual who is related to the candidate or
29-21    officeholder within the second degree by consanguinity, as
29-22    determined under Subchapter B, Chapter 573, Government Code.
29-23          Sec. 253.1601.  CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
29-24    CONTRIBUTION TO CANDIDATE.  For purposes of Sections 253.155,
29-25    253.157, 253.1571, and 253.160, a contribution to a
29-26    specific-purpose committee for the purpose of supporting a judicial
29-27    candidate, opposing the candidate's opponent, or assisting the
 30-1    candidate as an officeholder is considered to be a contribution to
 30-2    the candidate.
 30-3          SECTION 2.06.   (a)  Section 253.157, Election Code, as
 30-4    amended by this Act, and Section 253.1571, Election Code, as added
 30-5    by this Act, apply only to a political contribution accepted on or
 30-6    after the effective date of this Act.  A political contribution
 30-7    accepted before the effective date of this Act is governed by the
 30-8    law in effect on the date the contribution was accepted, and the
 30-9    former law is continued in effect for that purpose.
30-10          (b)  Notwithstanding Chapter 259, Election Code, as added by
30-11    this Act, a person who on the effective date of this Act held an
30-12    office covered by that chapter and who had unexpended political
30-13    contributions may use those contributions to make political
30-14    expenditures for campaign or officeholder purposes.
30-15                        ARTICLE 3.  EFFECTIVE DATE
30-16          SECTION 3.01.  This Act takes effect immediately if it
30-17    receives a vote of two-thirds of all the members elected to each
30-18    house, as provided by Section 39, Article III, Texas Constitution.
30-19    If this Act does not receive the vote necessary for immediate
30-20    effect, this Act takes effect September 1, 2001.