S.B. No. 94
AN ACT
1-1 relating to the regulation of political contributions, political
1-2 expenditures, and political advertising in connection with certain
1-3 judicial candidates and officeholders and to personal financial
1-4 statements filed by certain judicial officeholders; providing civil
1-5 and criminal penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 253, Election Code, is amended by adding
1-8 Subchapter F to read as follows:
1-9 SUBCHAPTER F. JUDICIAL CAMPAIGN FAIRNESS ACT
1-10 Sec. 253.151. APPLICABILITY OF SUBCHAPTER. This subchapter
1-11 applies only to a political contribution or political expenditure
1-12 in connection with the office of:
1-13 (1) chief justice or justice, supreme court;
1-14 (2) presiding judge or judge, court of criminal
1-15 appeals;
1-16 (3) chief justice or justice, court of appeals;
1-17 (4) district judge;
1-18 (5) judge, statutory county court; or
1-19 (6) judge, statutory probate court.
1-20 Sec. 253.152. DEFINITIONS. In this subchapter:
1-21 (1) "Complying candidate" or "complying officeholder"
1-22 means a judicial candidate who files a declaration of compliance
1-23 under Section 253.164(a)(1).
1-24 (2) "In connection with an election" means:
2-1 (A) with regard to a contribution that is
2-2 designated in writing for a particular election, the election
2-3 designated; or
2-4 (B) with regard to a contribution that is not
2-5 designated in writing for a particular election or that is
2-6 designated as an officeholder contribution, the next election for
2-7 that office occurring after the contribution is made.
2-8 (3) "Judicial district" means the territory from which
2-9 a judicial candidate is elected.
2-10 (4) "Noncomplying candidate" means a judicial
2-11 candidate who:
2-12 (A) files a declaration of intent to exceed the
2-13 limits on expenditures under Section 253.164(a)(2);
2-14 (B) files a declaration of compliance under
2-15 Section 253.164(a)(1) but later exceeds the limits on expenditures;
2-16 or
2-17 (C) violates Section 253.173 or 253.174.
2-18 (5) "Statewide judicial office" means the office of
2-19 chief justice or justice, supreme court, or presiding judge or
2-20 judge, court of criminal appeals.
2-21 Sec. 253.153. CONTRIBUTION PROHIBITED EXCEPT DURING ELECTION
2-22 PERIOD. (a) A judicial candidate or officeholder, a
2-23 specific-purpose committee for supporting or opposing a judicial
2-24 candidate, or a specific-purpose committee for assisting a judicial
2-25 officeholder may not knowingly accept a political contribution
2-26 except during the period:
2-27 (1) beginning on:
3-1 (A) the 210th day before the date an application
3-2 for a place on the ballot or for nomination by convention for the
3-3 office is required to be filed, if the election is for a full term;
3-4 or
3-5 (B) the later of the 210th day before the date
3-6 an application for a place on the ballot or for nomination by
3-7 convention for the office is required to be filed or the date a
3-8 vacancy in the office occurs, if the election is for an unexpired
3-9 term; and
3-10 (2) ending on the 120th day after the date of:
3-11 (A) the general election for state and county
3-12 officers, if the candidate or officeholder has an opponent in the
3-13 general election; or
3-14 (B) except as provided by Subsection (c), the
3-15 primary election, if the candidate or officeholder does not have an
3-16 opponent in the general election.
3-17 (b) Subsection (a)(2) does not apply to a political
3-18 contribution that was made and accepted with the intent that it be
3-19 used to defray expenses incurred in connection with an election
3-20 contest.
3-21 (c) Notwithstanding Subsection (a)(2), a judicial candidate
3-22 who does not have an opponent whose name will appear on the ballot
3-23 or a specific-purpose committee for supporting such a candidate may
3-24 accept a political contribution after another person files a
3-25 declaration of write-in candidacy opposing the candidate.
3-26 (d) A person who violates this section is liable for a civil
3-27 penalty not to exceed three times the amount of the political
4-1 contributions accepted in violation of this section.
4-2 Sec. 253.154. WRITE-IN CANDIDACY. (a) A write-in candidate
4-3 for judicial office or a specific-purpose committee for supporting
4-4 a write-in candidate for judicial office may not knowingly accept a
4-5 political contribution before the candidate files a declaration of
4-6 write-in candidacy.
4-7 (b) A person who violates this section is liable for a civil
4-8 penalty not to exceed three times the amount of the political
4-9 contributions accepted in violation of this section.
4-10 Sec. 253.155. CONTRIBUTION LIMITS. (a) Except as provided
4-11 by Subsection (c), a judicial candidate may not knowingly accept
4-12 political contributions from a person that in the aggregate exceed
4-13 the limits prescribed by Subsection (b) in connection with each
4-14 election in which the candidate is involved.
4-15 (b) The contribution limits are:
4-16 (1) for a statewide judicial office, $5,000; or
4-17 (2) for any other judicial office:
4-18 (A) $1,000, if the population of the judicial
4-19 district is less than 250,000;
4-20 (B) $2,500, if the population of the judicial
4-21 district is 250,000 to one million; or
4-22 (C) $5,000, if the population of the judicial
4-23 district is more than one million.
4-24 (c) This section does not apply to a political contribution
4-25 made by a general-purpose committee.
4-26 (d) For purposes of this section, a contribution by a law
4-27 firm whose members are each members of a second law firm is
5-1 considered to be a contribution by the law firm that has members
5-2 other than the members the firms have in common.
5-3 (e) A person who violates this section is liable for a civil
5-4 penalty not to exceed three times the amount of the political
5-5 contributions accepted in violation of this section.
5-6 Sec. 253.156. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
5-7 CONTRIBUTION TO CANDIDATE. For purposes of Section 253.155, a
5-8 contribution to a specific-purpose committee for the purpose of
5-9 supporting a judicial candidate, opposing the candidate's opponent,
5-10 or assisting the candidate as an officeholder is considered to be a
5-11 contribution to the candidate.
5-12 Sec. 253.157. LIMIT ON CONTRIBUTION BY MEMBER OR
5-13 GENERAL-PURPOSE COMMITTEE OF LAW FIRM. (a) A judicial candidate
5-14 may not accept a political contribution in excess of $50 from a
5-15 person if:
5-16 (1) the person is a member of a law firm or a
5-17 general-purpose committee established or controlled by a law firm;
5-18 and
5-19 (2) the contribution when aggregated with all
5-20 political contributions accepted by the candidate from other
5-21 members of the law firm or from a general-purpose committee
5-22 established or controlled by the law firm in connection with the
5-23 election would exceed six times the applicable contribution limit
5-24 under Section 253.155.
5-25 (b) A candidate who receives a political contribution that
5-26 violates Subsection (a) shall return the contribution to the
5-27 contributor not later than the later of:
6-1 (1) the last day of the reporting period in which the
6-2 contribution is received; or
6-3 (2) the fifth day after the date the contribution is
6-4 received.
6-5 (c) A candidate who fails to return a political contribution
6-6 as required by Subsection (b) is liable for a civil penalty not to
6-7 exceed three times the total amount of political contributions
6-8 accepted from members of or general-purpose committees established
6-9 or controlled by the law firm in connection with the election.
6-10 (d) For purposes of this section, a general-purpose
6-11 committee is established or controlled by a law firm if the
6-12 committee is established or controlled by members of the law firm.
6-13 (e) In this section:
6-14 (1) "Law firm" means a partnership, limited liability
6-15 partnership, or professional corporation organized for the practice
6-16 of law.
6-17 (2) "Member" means a partner, associate, shareholder,
6-18 employee, or person designated "of counsel" or "of the firm".
6-19 Sec. 253.158. CONTRIBUTION BY SPOUSE OR CHILD CONSIDERED TO
6-20 BE CONTRIBUTION BY INDIVIDUAL. (a) For purposes of Sections
6-21 253.155 and 253.157, a contribution by the spouse or child of an
6-22 individual is considered to be a contribution by the individual.
6-23 (b) In this section, "child" means a person under 18 years
6-24 of age who is not and has not been married or who has not had the
6-25 disabilities of minority removed for general purposes.
6-26 Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS. Sections
6-27 253.155 and 253.157 do not apply to an individual who is related to
7-1 the candidate or officeholder within the second degree by
7-2 consanguinity, as determined under Subchapter B, Chapter 573,
7-3 Government Code.
7-4 Sec. 253.160. AGGREGATE LIMIT ON CONTRIBUTIONS FROM AND
7-5 DIRECT CAMPAIGN EXPENDITURES BY GENERAL-PURPOSE COMMITTEE. (a) A
7-6 judicial candidate or officeholder or a specific-purpose committee
7-7 for supporting or opposing a judicial candidate or assisting a
7-8 judicial officeholder may not knowingly accept a political
7-9 contribution from a general-purpose committee that, when aggregated
7-10 with each other political contribution from a general-purpose
7-11 committee in connection with an election, exceeds 15 percent of the
7-12 applicable limit on expenditures prescribed by Section 253.168,
7-13 regardless of whether the limit on expenditures is suspended.
7-14 (b) A candidate or officeholder who receives a political
7-15 contribution that violates Subsection (a) shall return the
7-16 contribution to the contributor not later than the later of:
7-17 (1) the last day of the reporting period in which the
7-18 contribution is received; or
7-19 (2) the fifth day after the date the contribution is
7-20 received.
7-21 (c) For purposes of this section, an expenditure by a
7-22 general-purpose committee for the purpose of supporting a
7-23 candidate, for opposing the candidate's opponent, or for assisting
7-24 the candidate as an officeholder is considered to be a contribution
7-25 to the candidate unless the campaign treasurer of the
7-26 general-purpose committee, in an affidavit filed with the authority
7-27 with whom the candidate's campaign treasurer appointment is
8-1 required to be filed, states that the committee has not directly or
8-2 indirectly communicated with the candidate's campaign, including
8-3 the candidate, an aide to the candidate, a campaign officer, or a
8-4 campaign consultant, or a specific-purpose committee in regard to a
8-5 strategic matter, including polling data, advertising, or voter
8-6 demographics, in connection with the candidate's campaign.
8-7 (d) This section does not apply to a political expenditure
8-8 by the principal political committee of the state executive
8-9 committee or a county executive committee of a political party that
8-10 complies with Section 253.171(b).
8-11 (e) A person who violates this section is liable for a civil
8-12 penalty not to exceed three times the amount by which the political
8-13 contributions accepted in violation of this section exceed the
8-14 applicable limit prescribed by Subsection (a).
8-15 Sec. 253.161. USE OF CONTRIBUTION FROM NONJUDICIAL OR
8-16 JUDICIAL OFFICE PROHIBITED. (a) A judicial candidate or
8-17 officeholder, a specific-purpose committee for supporting or
8-18 opposing a judicial candidate, or a specific-purpose committee for
8-19 assisting a judicial officeholder may not use a political
8-20 contribution to make a campaign expenditure for judicial office or
8-21 to make an officeholder expenditure in connection with a judicial
8-22 office if the contribution was accepted while the candidate or
8-23 officeholder:
8-24 (1) was a candidate for an office other than a
8-25 judicial office; or
8-26 (2) held an office other than a judicial office,
8-27 unless the person had become a candidate for judicial office.
9-1 (b) A candidate, officeholder, or specific-purpose committee
9-2 for supporting, opposing, or assisting the candidate or
9-3 officeholder may not use a political contribution to make a
9-4 campaign expenditure for an office other than a judicial office or
9-5 to make an officeholder expenditure in connection with an office
9-6 other than a judicial office if the contribution was accepted while
9-7 the candidate or officeholder:
9-8 (1) was a candidate for a judicial office; or
9-9 (2) held a judicial office, unless the person had
9-10 become a candidate for another office.
9-11 (c) This section does not prohibit a candidate or
9-12 officeholder from making a political contribution to another
9-13 candidate or officeholder.
9-14 (d) A person who violates this section is liable for a civil
9-15 penalty not to exceed three times the amount of political
9-16 contributions used in violation of this section.
9-17 Sec. 253.162. RESTRICTIONS ON REIMBURSEMENT OF PERSONAL
9-18 FUNDS AND PAYMENTS ON CERTAIN LOANS. (a) A judicial candidate or
9-19 officeholder who makes political expenditures from the person's
9-20 personal funds may not reimburse the personal funds from political
9-21 contributions in amounts that in the aggregate exceed, for each
9-22 election in which the person's name appears on the ballot:
9-23 (1) for a statewide judicial office, $100,000; or
9-24 (2) for an office other than a statewide judicial
9-25 office, five times the applicable contribution limit under Section
9-26 253.155.
9-27 (b) A judicial candidate or officeholder who accepts one or
10-1 more political contributions in the form of loans, including an
10-2 extension of credit or a guarantee of a loan or extension of
10-3 credit, from one or more persons related to the candidate or
10-4 officeholder within the second degree by consanguinity, as
10-5 determined under Subchapter B, Chapter 573, Government Code, may
10-6 not use political contributions to repay the loans.
10-7 (c) A person who is both a candidate and an officeholder may
10-8 reimburse the person's personal funds only in one capacity.
10-9 (d) A person who violates this section is liable for a civil
10-10 penalty not to exceed three times the amount by which the
10-11 reimbursement made in violation of this section exceeds the
10-12 applicable limit prescribed by Subsection (a).
10-13 Sec. 253.163. NOTICE REQUIRED FOR CERTAIN POLITICAL
10-14 EXPENDITURES. (a) A person other than a candidate, officeholder,
10-15 or the principal political committee of the state executive
10-16 committee or a county executive committee of a political party may
10-17 not make political expenditures that in the aggregate exceed $5,000
10-18 for the purpose of supporting or opposing a candidate for an office
10-19 other than a statewide judicial office or assisting such a
10-20 candidate as an officeholder unless the person files with the
10-21 authority with whom a campaign treasurer appointment by a candidate
10-22 for the office is required to be filed a written declaration of the
10-23 person's intent to make expenditures that exceed the limit
10-24 prescribed by this subsection.
10-25 (b) A person other than a candidate, officeholder, or the
10-26 principal political committee of the state executive committee or a
10-27 county executive committee of a political party may not make
11-1 political expenditures that in the aggregate exceed $25,000 for the
11-2 purpose of supporting or opposing a candidate for a statewide
11-3 judicial office or assisting such a candidate as an officeholder
11-4 unless the person files with the commission a written declaration
11-5 of the person's intent to make expenditures that exceed the limit
11-6 prescribed by this subsection.
11-7 (c) A declaration under Subsection (a) or (b) must be filed
11-8 not later than the earlier of:
11-9 (1) the date the person makes the political
11-10 expenditure that causes the person to exceed the limit prescribed
11-11 by Subsection (a) or (b); or
11-12 (2) the 60th day before the date of the election in
11-13 connection with which the political expenditures are intended to be
11-14 made.
11-15 (d) A declaration received under Subsection (a) or (b) shall
11-16 be filed with the records of each judicial candidate or
11-17 officeholder on whose behalf the person filing the declaration
11-18 intends to make political expenditures. If the person intends to
11-19 make only political expenditures opposing a judicial candidate, the
11-20 declaration shall be filed with the records of each candidate for
11-21 the office.
11-22 (e) An expenditure made by a political committee or other
11-23 association that consists only of costs incurred in contacting the
11-24 committee's or association's membership may be made without the
11-25 declaration required by Subsection (a) or (b).
11-26 (f) For purposes of this section, a person who makes a
11-27 political expenditure benefitting more than one judicial candidate
12-1 or judicial officeholder shall, in accordance with rules adopted by
12-2 the commission, allocate a portion of the expenditure to each
12-3 candidate or officeholder whom the expenditure benefits in
12-4 proportion to the benefit received by that candidate or
12-5 officeholder. For purposes of this subsection:
12-6 (1) a political expenditure for supporting judicial
12-7 candidates or assisting judicial officeholders benefits each
12-8 candidate or officeholder supported or assisted; and
12-9 (2) a political expenditure for opposing a judicial
12-10 candidate benefits each opponent of the candidate.
12-11 (g) A person who violates this section is liable for a civil
12-12 penalty not to exceed three times the amount of the political
12-13 expenditures made in violation of this section.
12-14 Sec. 253.164. VOLUNTARY COMPLIANCE. (a) When a person
12-15 becomes a candidate for a judicial office, the person shall file
12-16 with the authority with whom the candidate's campaign treasurer
12-17 appointment is required to be filed:
12-18 (1) a sworn declaration of compliance stating that the
12-19 person voluntarily agrees to comply with the limits on expenditures
12-20 prescribed by this subchapter; or
12-21 (2) a written declaration of the person's intent to
12-22 make expenditures that exceed the limits prescribed by this
12-23 subchapter.
12-24 (b) The limits on contributions and on reimbursement of
12-25 personal funds prescribed by this subchapter apply to complying
12-26 candidates unless suspended as provided by Section 253.165 or
12-27 253.170. The limits on contributions and on reimbursement of
13-1 personal funds prescribed by this subchapter apply to noncomplying
13-2 candidates regardless of whether the limits on contributions,
13-3 expenditures, and reimbursement of personal funds are suspended for
13-4 complying candidates.
13-5 (c) A judicial candidate may not knowingly accept a campaign
13-6 contribution or make or authorize a campaign expenditure before the
13-7 candidate files a declaration under Subsection (a).
13-8 (d) A person who violates Subsection (c) is liable for a
13-9 civil penalty not to exceed three times the amount of the political
13-10 contributions or political expenditures made in violation of this
13-11 section.
13-12 Sec. 253.165. EFFECT OF NONCOMPLYING CANDIDATE. (a) A
13-13 complying candidate or a specific-purpose committee for supporting
13-14 a complying candidate is not required to comply with the limits on
13-15 contributions, expenditures, and the reimbursement of personal
13-16 funds prescribed by this subchapter if another person becomes a
13-17 candidate for the same office and:
13-18 (1) files a declaration of intent to exceed the limits
13-19 on expenditures under Section 253.164(a)(2);
13-20 (2) files a declaration of compliance under Section
13-21 253.164(a)(1) but later exceeds the limits on expenditures; or
13-22 (3) violates Section 253.173 or 253.174.
13-23 (b) The executive director of the commission shall issue an
13-24 order suspending the limits on contributions and expenditures for a
13-25 specific office not later than the fifth day after the date the
13-26 executive director determines that:
13-27 (1) a person has become a candidate for that office
14-1 and has filed the declaration of intent to exceed the limits on
14-2 expenditures under Section 253.164(a)(2);
14-3 (2) a complying candidate for that office has exceeded
14-4 the limit on expenditures prescribed by this subchapter; or
14-5 (3) a candidate for that office has violated Section
14-6 253.173 or 253.174.
14-7 (c) A county clerk who receives a declaration of intent to
14-8 exceed the limits on expenditures under Section 253.164(a)(2) shall
14-9 deliver a copy of the declaration to the executive director of the
14-10 commission not later than the fifth day after the date the county
14-11 clerk receives the declaration. A county clerk who receives a
14-12 written allegation that a complying candidate has exceeded the
14-13 limit on expenditures or that a candidate has engaged in conduct
14-14 prohibited by Section 253.173 or 253.174 shall deliver a copy of
14-15 the allegation to the executive director not later than the fifth
14-16 day after the date the county clerk receives the allegation. The
14-17 county clerk shall, at no cost to the commission, deliver to the
14-18 executive director by mail or telephonic facsimile machine copies
14-19 of documents relevant to the allegation not later than 48 hours
14-20 after the executive director requests the documents. A county
14-21 clerk is required to act under this subsection only in connection
14-22 with an office for which a campaign treasurer appointment is
14-23 required to be filed with that county clerk.
14-24 Sec. 253.166. BENEFIT TO COMPLYING CANDIDATE. (a) A
14-25 complying candidate is entitled to state on political advertising
14-26 as provided by Section 255.008 that the candidate complies with the
14-27 Judicial Campaign Fairness Act, regardless of whether the limits on
15-1 contributions, expenditures, and the reimbursement of personal
15-2 funds are later suspended.
15-3 (b) A noncomplying candidate is not entitled to the benefit
15-4 provided by this section.
15-5 Sec. 253.167. CERTIFICATION OF POPULATION; NOTICE OF
15-6 CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this
15-7 subchapter only, not later than June 1 of each odd-numbered year,
15-8 the secretary of state shall:
15-9 (1) deliver to the commission a written certification
15-10 of the population of each judicial district for which a candidate
15-11 for judge or justice must file a campaign treasurer appointment
15-12 with the commission; and
15-13 (2) deliver to the county clerk of each county a
15-14 written certification of the county's population, if the county:
15-15 (A) comprises an entire judicial district under
15-16 Chapter 26, Government Code; or
15-17 (B) has a statutory county court or statutory
15-18 probate court, other than a multicounty statutory county court
15-19 created under Subchapter D, Chapter 25, Government Code.
15-20 (b) On receipt of the certification of population under
15-21 Subsection (a), the commission or county clerk, as appropriate,
15-22 shall make available to each candidate for an office covered by
15-23 this subchapter written notice of the contribution and expenditure
15-24 limits applicable to the office the candidate seeks.
15-25 Sec. 253.168. EXPENDITURE LIMITS. (a) For each election in
15-26 which the candidate is involved, a complying candidate may not
15-27 knowingly make or authorize political expenditures that in the
16-1 aggregate exceed:
16-2 (1) for a statewide judicial office, $2 million;
16-3 (2) for the office of chief justice or justice, court
16-4 of appeals:
16-5 (A) $500,000, if the population of the judicial
16-6 district is more than one million; or
16-7 (B) $350,000, if the population of the judicial
16-8 district is one million or less; or
16-9 (3) for an office other than an office covered by
16-10 Subdivision (1) or (2):
16-11 (A) $350,000, if the population of the judicial
16-12 district is more than one million;
16-13 (B) $200,000, if the population of the judicial
16-14 district is 250,000 to one million; or
16-15 (C) $100,000, if the population of the judicial
16-16 district is less than 250,000.
16-17 (b) A complying candidate who violates this section is
16-18 liable for a civil penalty not to exceed three times the amount by
16-19 which the political expenditures made in violation of this section
16-20 exceed the applicable limit prescribed by Subsection (a).
16-21 Sec. 253.169. EXPENDITURE BY CERTAIN COMMITTEES CONSIDERED
16-22 EXPENDITURE BY CANDIDATE. (a) For purposes of Section 253.168, an
16-23 expenditure by a specific-purpose committee for the purpose of
16-24 supporting a candidate, opposing the candidate's opponent, or
16-25 assisting the candidate as an officeholder is considered to be an
16-26 expenditure by the candidate unless the candidate, in an affidavit
16-27 filed with the authority with whom the candidate's campaign
17-1 treasurer appointment is required to be filed, states that the
17-2 candidate's campaign, including the candidate, an aide to the
17-3 candidate, a campaign officer, or a campaign consultant of the
17-4 candidate, has not directly or indirectly communicated with the
17-5 committee in regard to a strategic matter, including polling data,
17-6 advertising, or voter demographics, in connection with the
17-7 candidate's campaign.
17-8 (b) This section applies only to an expenditure as to which
17-9 the candidate or officeholder receives notice as required by
17-10 Section 254.128.
17-11 (c) An affidavit under this section shall be filed with the
17-12 next report the candidate or officeholder is required to file under
17-13 Chapter 254 following receipt of the notice required by Section
17-14 254.128.
17-15 Sec. 253.170. EFFECT OF CERTAIN POLITICAL EXPENDITURES.
17-16 (a) A complying candidate for an office other than a statewide
17-17 judicial office or a specific-purpose committee for supporting such
17-18 a candidate is not required to comply with the limits on
17-19 contributions, expenditures, and the reimbursement of personal
17-20 funds prescribed by this subchapter if a person other than the
17-21 candidate's opponent or the principal political committee of the
17-22 state executive committee or a county executive committee of a
17-23 political party makes political expenditures that in the aggregate
17-24 exceed $5,000 for the purpose of supporting the candidate's
17-25 opponent, opposing the candidate, or assisting the candidate's
17-26 opponent as an officeholder.
17-27 (b) A complying candidate for a statewide judicial office or
18-1 a specific-purpose committee for supporting such a candidate is not
18-2 required to comply with the limits on contributions, expenditures,
18-3 and the reimbursement of personal funds prescribed by this
18-4 subchapter if a person other than the candidate's opponent or the
18-5 principal political committee of the state executive committee or a
18-6 county executive committee of a political party makes political
18-7 expenditures that in the aggregate exceed $25,000 for the purpose
18-8 of supporting the candidate's opponent, opposing the candidate, or
18-9 assisting the candidate's opponent as an officeholder.
18-10 (c) The executive director of the commission shall issue an
18-11 order suspending the limits on contributions, expenditures, and the
18-12 reimbursement of personal funds for a specific office not later
18-13 than the fifth day after the date the executive director determines
18-14 that:
18-15 (1) a declaration of intent to make expenditures that
18-16 exceed the limit prescribed by Subsection (a) or (b) is filed in
18-17 connection with the office as provided by Section 253.163; or
18-18 (2) a political expenditure that exceeds the limit
18-19 prescribed by Subsection (a) or (b) has been made.
18-20 (d) A county clerk who receives a declaration of intent to
18-21 make expenditures that exceed the limit prescribed by Subsection
18-22 (a) or (b) shall deliver a copy of the declaration to the executive
18-23 director of the commission not later than the fifth day after the
18-24 date the county clerk receives the declaration. A county clerk who
18-25 receives a written allegation that a person has made a political
18-26 expenditure that exceeds the limit prescribed by Subsection (a) or
18-27 (b) shall deliver a copy of the allegation to the executive
19-1 director not later than the fifth day after the date the county
19-2 clerk receives the allegation. The county clerk shall, at no cost
19-3 to the commission, deliver to the executive director by mail or
19-4 telephonic facsimile machine copies of documents relevant to the
19-5 allegation not later than 48 hours after the executive director
19-6 requests the documents. A county clerk is required to act under
19-7 this subsection only in connection with an office for which a
19-8 campaign treasurer appointment is required to be filed with that
19-9 county clerk.
19-10 (e) An expenditure made by a political committee or other
19-11 association that consists only of costs incurred in contacting the
19-12 committee's or association's membership does not count towards the
19-13 limit prescribed by Subsection (a) or (b).
19-14 Sec. 253.171. CONTRIBUTION FROM OR DIRECT CAMPAIGN
19-15 EXPENDITURE BY POLITICAL PARTY. (a) Except as provided by
19-16 Subsection (b), a political contribution to or a direct campaign
19-17 expenditure on behalf of a complying candidate that is made by the
19-18 principal political committee of the state executive committee or a
19-19 county executive committee of a political party is considered to be
19-20 a political expenditure by the candidate for purposes of the
19-21 expenditure limits prescribed by Section 253.168.
19-22 (b) Subsection (a) does not apply to a political expenditure
19-23 for a generic get-out-the-vote campaign or for a written list of
19-24 two or more candidates that:
19-25 (1) identifies the party's candidates by name and
19-26 office sought, office held, or photograph;
19-27 (2) does not include any reference to the judicial
20-1 philosophy or positions on issues of the party's judicial
20-2 candidates; and
20-3 (3) is not broadcast, cablecast, published in a
20-4 newspaper or magazine, or placed on a billboard.
20-5 Sec. 253.172. RESTRICTION ON EXCEEDING EXPENDITURE LIMITS.
20-6 (a) A candidate who files a declaration of compliance under
20-7 Section 253.164(a)(1) and who later files a declaration of intent
20-8 to exceed the limits on expenditures under Section 253.164(a)(2) or
20-9 a specific-purpose committee for supporting such a candidate may
20-10 not make a political expenditure that causes the person to exceed
20-11 the applicable limit on expenditures prescribed by Section 253.168
20-12 before the 60th day after the date the candidate files the
20-13 declaration of intent to exceed the limits on expenditures.
20-14 (b) A person who violates this section is liable for a civil
20-15 penalty not to exceed three times the amount of political
20-16 expenditures made in violation of this section.
20-17 Sec. 253.173. AGREEMENT TO EVADE LIMITS PROHIBITED. (a) A
20-18 complying candidate may not:
20-19 (1) solicit a person to enter a campaign as a
20-20 noncomplying candidate opposing the complying candidate; or
20-21 (2) enter into an agreement under which a person
20-22 enters a campaign as a noncomplying candidate opposing the
20-23 complying candidate.
20-24 (b) A candidate who violates this section is considered to
20-25 be a noncomplying candidate.
20-26 Sec. 253.174. MISREPRESENTATION OF OPPONENT'S COMPLIANCE
20-27 WITH OR VIOLATION OF SUBCHAPTER PROHIBITED. (a) A candidate for
21-1 judicial office may not knowingly misrepresent that an opponent of
21-2 the candidate:
21-3 (1) is a noncomplying candidate; or
21-4 (2) has violated this subchapter.
21-5 (b) A candidate who violates this section is considered to
21-6 be a noncomplying candidate.
21-7 Sec. 253.175. JUDICIAL CAMPAIGN FAIRNESS FUND. (a) The
21-8 judicial campaign fairness fund is a special account in the general
21-9 revenue fund.
21-10 (b) The judicial campaign fairness fund consists of:
21-11 (1) penalties recovered under Section 253.176; and
21-12 (2) any gifts or grants received by the commission
21-13 under Subsection (e).
21-14 (c) The judicial campaign fairness fund may be used only
21-15 for:
21-16 (1) voter education projects that relate to judicial
21-17 campaigns; and
21-18 (2) payment of costs incurred in imposing civil
21-19 penalties under this subchapter.
21-20 (d) To the extent practicable, the fund shall be permitted
21-21 to accumulate until the balance is sufficient to permit the
21-22 publication of a voter's guide that lists candidates for judicial
21-23 office, their backgrounds, and similar information. The commission
21-24 shall implement this subsection and shall adopt rules under which a
21-25 candidate must provide information to the commission for inclusion
21-26 in the voter's guide. In providing the information, the candidate
21-27 shall comply with applicable provisions of the Code of Judicial
22-1 Conduct. The voter's guide must, to the extent practicable,
22-2 indicate whether each candidate is a complying candidate or
22-3 noncomplying candidate, based on declarations filed under Section
22-4 253.164 or determinations by the executive director or the county
22-5 clerk, as appropriate, under Section 253.165. The listing of a
22-6 noncomplying candidate may not include any information other than
22-7 the candidate's name and must include a statement that the
22-8 candidate is not entitled to have complete information about the
22-9 candidate included in the guide.
22-10 (e) The commission may accept gifts and grants for the
22-11 purposes described by Subsections (c)(1) and (d). Funds received
22-12 under this subsection shall be deposited to the credit of the
22-13 judicial campaign fairness fund.
22-14 (f) The judicial campaign fairness fund is exempt from
22-15 Sections 403.094 and 403.095, Government Code.
22-16 Sec. 253.176. CIVIL PENALTY. (a) The commission may impose
22-17 a civil penalty against a person only after a formal hearing as
22-18 provided by Subchapter E, Chapter 571, Government Code.
22-19 (b) The commission shall base the amount of the penalty on:
22-20 (1) the seriousness of the violation;
22-21 (2) the history of previous violations;
22-22 (3) the amount necessary to deter future violations;
22-23 and
22-24 (4) any other matter that justice may require.
22-25 (c) A penalty collected under this section shall be
22-26 deposited to the credit of the judicial campaign fairness fund.
22-27 SECTION 2. Sections 253.003, 253.004, and 253.005, Election
23-1 Code, are amended to read as follows:
23-2 Sec. 253.003. Unlawfully Making or Accepting Contribution.
23-3 (a) A person may not knowingly make a political contribution in
23-4 violation of this chapter.
23-5 (b) A person may not knowingly accept a political
23-6 contribution the person knows to have been made in violation of
23-7 this chapter.
23-8 (c) This section does not apply to a political contribution
23-9 made or accepted in violation of Subchapter F.
23-10 (d) Except as provided by Subsection (e) <(d)>, a person who
23-11 violates this section commits an offense. An offense under this
23-12 section is a Class A misdemeanor.
23-13 (e) <(d)> A violation of Subsection (a) or (b) is a felony
23-14 of the third degree if the contribution is made in violation of
23-15 Subchapter D.
23-16 Sec. 253.004. Unlawfully Making Expenditure. (a) A person
23-17 may not knowingly make or authorize a political expenditure in
23-18 violation of this chapter.
23-19 (b) This section does not apply to a political expenditure
23-20 made or authorized in violation of Subchapter F.
23-21 (c) A person who violates this section commits an offense.
23-22 An offense under this section is a Class A misdemeanor.
23-23 Sec. 253.005. Expenditure From Unlawful Contribution.
23-24 (a) A person may not knowingly make or authorize a political
23-25 expenditure wholly or partly from a political contribution the
23-26 person knows to have been made in violation of this chapter.
23-27 (b) This section does not apply to a political expenditure
24-1 that is:
24-2 (1) prohibited by Section 253.101; or
24-3 (2) made from a political contribution made in
24-4 violation of Subchapter F.
24-5 (c) A person who violates this section commits an offense.
24-6 An offense under this section is a Class A misdemeanor.
24-7 SECTION 3. Subchapter C, Chapter 254, Election Code, is
24-8 amended by adding Section 254.0611 to read as follows:
24-9 Sec. 254.0611. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
24-10 JUDICIAL CANDIDATES. (a) In addition to the contents required by
24-11 Sections 254.031 and 254.061, each report by a candidate for a
24-12 judicial office covered by Subchapter F, Chapter 253, must include:
24-13 (1) the total amount of political contributions,
24-14 including interest or other income, maintained in one or more
24-15 accounts in which political contributions are deposited as of the
24-16 last day of the reporting period;
24-17 (2) for each individual from whom the person filing
24-18 the report has accepted political contributions that in the
24-19 aggregate exceed $50 and that are accepted during the reporting
24-20 period:
24-21 (A) the principal occupation and job title of
24-22 the individual and the full name of the employer of the individual
24-23 or of the law firm of which the individual or the individual's
24-24 spouse is a member, if any; or
24-25 (B) if the individual is a child, the full name
24-26 of the law firm of which either of the individual's parents is a
24-27 member, if any;
25-1 (3) a specific listing of each asset valued at $500 or
25-2 more that was purchased with political contributions and on hand as
25-3 of the last day of the reporting period;
25-4 (4) for each political contribution accepted by the
25-5 person filing the report but not received as of the last day of the
25-6 reporting period:
25-7 (A) the full name and address of the person
25-8 making the contribution;
25-9 (B) the amount of the contribution; and
25-10 (C) the date of the contribution; and
25-11 (5) for each outstanding loan to the person filing the
25-12 report as of the last day of the reporting period:
25-13 (A) the full name and address of the person or
25-14 financial institution making the loan; and
25-15 (B) the full name and address of each guarantor
25-16 of the loan other than the candidate.
25-17 (b) In this section:
25-18 (1) "Child" has the meaning assigned by Section
25-19 253.158.
25-20 (2) "Law firm" and "member" have the meanings assigned
25-21 by Section 253.157.
25-22 SECTION 4. Subchapter D, Chapter 254, Election Code, is
25-23 amended by adding Section 254.0911 to read as follows:
25-24 Sec. 254.0911. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
25-25 JUDICIAL OFFICEHOLDERS. In addition to the contents required by
25-26 Sections 254.031 and 254.091, each report by a holder of a judicial
25-27 office covered by Subchapter F, Chapter 253, must include the
26-1 contents prescribed by Section 254.0611.
26-2 SECTION 5. Subchapter E, Chapter 254, Election Code, is
26-3 amended by adding Section 254.1211 to read as follows:
26-4 Sec. 254.1211. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
26-5 COMMITTEES. In addition to the contents required by Sections
26-6 254.031 and 254.121, each report by a specific-purpose committee
26-7 for supporting or opposing a candidate for or assisting a holder of
26-8 a judicial office covered by Subchapter F, Chapter 253, must
26-9 include the contents prescribed by Section 254.0611.
26-10 SECTION 6. Chapter 255, Election Code, is amended by adding
26-11 Section 255.008 to read as follows:
26-12 Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING FOR
26-13 JUDICIAL OFFICE. (a) This section applies only to a candidate or
26-14 political committee covered by Subchapter F, Chapter 253.
26-15 (b) Political advertising by a candidate who files a
26-16 declaration of intent to comply with the limits on expenditures
26-17 under Subchapter F, Chapter 253, or a specific-purpose committee
26-18 for supporting such a candidate may include the following
26-19 statement: "Political advertising paid for by (name of candidate
26-20 or committee) in compliance with the voluntary limits of the
26-21 Judicial Campaign Fairness Act."
26-22 (c) Political advertising by a candidate who files a
26-23 declaration of intent to comply with the limits on expenditures
26-24 under Subchapter F, Chapter 253, or a specific-purpose committee
26-25 for supporting such a candidate that does not contain the statement
26-26 prescribed by Subsection (b) must comply with Section 255.001.
26-27 (d) Political advertising by a candidate who files a
27-1 declaration of intent to exceed the limits on expenditures under
27-2 Subchapter F, Chapter 253, or a specific-purpose committee for
27-3 supporting such a candidate must include the following
27-4 statement: "Political advertising paid for by (name of candidate
27-5 or committee), (who or which) has rejected the voluntary limits of
27-6 the Judicial Campaign Fairness Act."
27-7 (e) The commission shall adopt rules providing for:
27-8 (1) the minimum size of the disclosure required by
27-9 this section in political advertising that appears on television or
27-10 in writing; and
27-11 (2) the minimum duration of the disclosure required by
27-12 this section in political advertising that appears on television or
27-13 radio.
27-14 (f) A person who violates this section or a rule adopted
27-15 under this section is liable for a civil penalty not to exceed:
27-16 (1) $15,000, for a candidate for a statewide judicial
27-17 office or a specific-purpose committee for supporting such a
27-18 candidate;
27-19 (2) $10,000, for a candidate for chief justice or
27-20 justice, court of appeals, or a specific-purpose committee for
27-21 supporting such a candidate; or
27-22 (3) $5,000, for a candidate for any other judicial
27-23 office covered by Subchapter F, Chapter 253, or a specific-purpose
27-24 committee for supporting such a candidate.
27-25 (g) Section 253.176 applies to the imposition and
27-26 disposition of a civil penalty under this section.
27-27 SECTION 7. Chapter 159, Local Government Code, is amended by
28-1 adding Subchapter C to read as follows:
28-2 SUBCHAPTER C. FINANCIAL DISCLOSURE
28-3 BY COUNTY JUDICIAL OFFICERS
28-4 Sec. 159.051. DEFINITION. In this subchapter, "county
28-5 judicial officer" means the judge of a statutory county court or
28-6 statutory probate court.
28-7 Sec. 159.052. FILING REQUIREMENT. A county judicial officer
28-8 or a candidate for office as a county judicial officer shall file
28-9 with the county clerk a financial statement that complies with
28-10 Sections 572.022 and 572.023, Government Code.
28-11 Sec. 159.053. FILING DATES; TIMELINESS OF FILING. (a) A
28-12 county judicial officer shall file the financial statement required
28-13 by this subchapter within the time prescribed by Section 572.026,
28-14 Government Code. A candidate for office as a county judicial
28-15 officer shall file the financial statement required by this
28-16 subchapter within the time prescribed by Section 572.027,
28-17 Government Code.
28-18 (b) The timeliness of the filing is governed by Section
28-19 572.029, Government Code.
28-20 Sec. 159.054. PREPARATION OF FORMS. (a) The county clerk
28-21 may:
28-22 (1) design a form to be used for filing the financial
28-23 statement required by this subchapter; or
28-24 (2) require that a form designed by the Texas Ethics
28-25 Commission under Chapter 572, Government Code, be used for filing
28-26 the financial statement.
28-27 (b) The county clerk shall make copies of the form available
29-1 to each person required to file under this subchapter within the
29-2 time prescribed by Section 572.030(c), Government Code.
29-3 Sec. 159.055. PUBLIC ACCESS TO STATEMENTS. (a) A financial
29-4 statement filed under this subchapter is a public record. The
29-5 county clerk shall maintain the financial statements in a manner
29-6 that is accessible to the public during regular business hours.
29-7 (b) Until the first anniversary of the date a financial
29-8 statement is filed, each time a person requests to see the
29-9 financial statement, excluding the county clerk or an employee of
29-10 the county clerk acting on official business, the county clerk
29-11 shall place in the file a statement of the person's name and
29-12 address, whom the person represents, and the date of the request.
29-13 The county clerk shall maintain that statement in the file until
29-14 the first anniversary of the date the financial statement is filed.
29-15 (c) After the second anniversary of the date a person ceases
29-16 to be a county judicial officer, the county clerk may and on
29-17 notification from the former officer shall destroy each financial
29-18 statement filed by the officer.
29-19 Sec. 159.056. FAILURE TO FILE; CRIMINAL PENALTY. (a) A
29-20 person commits an offense if the person:
29-21 (1) is a county judicial officer or a candidate for
29-22 office as a county judicial officer; and
29-23 (2) knowingly fails to file a financial statement as
29-24 required by this subchapter.
29-25 (b) An offense under this section is a Class B misdemeanor.
29-26 SECTION 8. Subdivision (3), Section 159.032, Local
29-27 Government Code, is amended to read as follows:
30-1 (3) "County judicial officer" means a <judge of a
30-2 statutory county court,> justice of the peace<,> or a master,
30-3 magistrate, or referee appointed by a justice of the peace <one of
30-4 those judges>.
30-5 SECTION 9. Sections 253.155, 253.156, 253.157, 253.163
30-6 through 253.171, and 253.173, Election Code, as added by this Act,
30-7 are not severable, and none would have been enacted without the
30-8 others. If any one of those provisions is held invalid, each of
30-9 those provisions is invalid.
30-10 SECTION 10. (a) If this Act receives the votes required by
30-11 Section 39, Article III, Texas Constitution, for an effective date
30-12 before the 91st day after the last day of the legislative session:
30-13 (1) Sections 1, 2, 9, 11, and this section of this Act
30-14 take effect immediately; and
30-15 (2) Sections 3, 4, and 5 of this Act take effect July
30-16 1, 1995.
30-17 (b) If this Act does not receive the votes required by
30-18 Section 39, Article III, Texas Constitution, for an effective date
30-19 before the 91st day after the last day of the legislative session,
30-20 Sections 1 through 5, 9, 11, and this section of this Act take
30-21 effect September 1, 1995.
30-22 (c) Sections 6, 7, and 8 of this Act take effect September
30-23 1, 1995.
30-24 (d) Subchapter F, Chapter 253, Election Code, as added by
30-25 this Act, applies only to a political contribution accepted or
30-26 political expenditure made on or after the effective date of
30-27 Section 1 of this Act. A political contribution accepted or
31-1 political expenditure made before the effective date of Section 1
31-2 of this Act is governed by the law in effect on the date the
31-3 contribution was accepted or the expenditure was made and is not
31-4 aggregated with political contributions accepted or political
31-5 expenditures made on or after that date.
31-6 (e) Sections 254.0611, 254.0911, and 254.1211, Election
31-7 Code, as added by this Act, apply to account balances, assets, and
31-8 debts existing as of the effective date of Sections 3, 4, and 5 of
31-9 this Act and to the reporting of a political contribution accepted
31-10 on or after that date. The reporting of a political contribution
31-11 accepted before the effective date of Sections 3, 4, and 5 of this
31-12 Act is governed by the law in effect on the date it was accepted.
31-13 SECTION 11. (a) For purposes of Subchapter F, Chapter 253,
31-14 Election Code, as added by this Act, not later than the 15th day
31-15 after the effective date of Section 1 of this Act, the secretary of
31-16 state shall:
31-17 (1) deliver to the Texas Ethics Commission a written
31-18 certification of the population of each judicial district for which
31-19 a candidate for judge or justice must file a campaign treasurer
31-20 appointment with the commission; and
31-21 (2) deliver to the county clerk of each county a
31-22 written certification of the county's population, if the county:
31-23 (A) comprises an entire judicial district under
31-24 Chapter 26, Government Code; or
31-25 (B) has a statutory county court or statutory
31-26 probate court, other than a multicounty statutory county court
31-27 created under Subchapter D, Chapter 25, Government Code.
32-1 (b) On receipt of the certification of population under
32-2 Subsection (a) of this section, the Texas Ethics Commission or
32-3 county clerk, as appropriate, shall make available to each
32-4 candidate for an office covered by Subchapter F, Chapter 253,
32-5 Election Code, as added by this Act, written notice of the
32-6 contribution limits applicable to the office under Section 253.155,
32-7 Election Code, as added by this Act, and the expenditure limits
32-8 applicable to the office under Section 253.168, Election Code, as
32-9 added by this Act.
32-10 (c) In this section, "judicial district" means the territory
32-11 from which a judicial candidate is elected.
32-12 SECTION 12. The importance of this legislation and the
32-13 crowded condition of the calendars in both houses create an
32-14 emergency and an imperative public necessity that the
32-15 constitutional rule requiring bills to be read on three several
32-16 days in each house be suspended, and this rule is hereby suspended,
32-17 and that this Act take effect and be in force according to its
32-18 terms, and it is so enacted.