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.