By Gallego H.B. No. 10
76R5112 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nonpartisan elections for statewide judicial office, to
1-3 the regulation of political contributions and expenditures in
1-4 connection with statewide judicial office, and to the public
1-5 financing of campaigns for statewide judicial office; providing
1-6 civil and criminal penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1. NONPARTISAN ELECTIONS FOR STATEWIDE
1-9 JUDICIAL OFFICE
1-10 SECTION 1.01. The Election Code is amended by adding Title
1-11 17 to read as follows:
1-12 TITLE 17. NONPARTISAN ELECTIONS FOR STATEWIDE
1-13 JUDICIAL OFFICE
1-14 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
1-15 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
1-16 Sec. 291.001. APPLICABILITY OF CHAPTER. (a) This chapter
1-17 applies only to the offices of:
1-18 (1) chief justice and justice, supreme court; and
1-19 (2) presiding judge and judge, court of criminal
1-20 appeals.
1-21 (b) A justice or judge is subject to nonpartisan election in
1-22 accordance with this chapter at the last nonpartisan judicial
1-23 general election to be held before the date the justice's or
1-24 judge's term expires.
2-1 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
2-2 nonpartisan judicial office by a political party is prohibited.
2-3 Sec. 291.003. APPLICABILITY OF OTHER PARTS OF CODE. The
2-4 other titles of this code apply to a nonpartisan judicial election
2-5 except provisions that are inconsistent with this title or that
2-6 cannot feasibly be applied in a nonpartisan judicial election.
2-7 Sec. 291.004. ADDITIONAL PROCEDURES. The secretary of state
2-8 shall prescribe any additional procedures necessary for the orderly
2-9 and proper administration of elections held under this chapter.
2-10 (Sections 291.005-291.020 reserved for expansion)
2-11 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
2-12 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
2-13 a place on the nonpartisan judicial election ballot, a candidate
2-14 must make an application for a place on the ballot.
2-15 (b) An application must, in addition to complying with
2-16 Section 141.031, be accompanied by the appropriate filing fee or,
2-17 instead of the filing fee, a petition that satisfies the
2-18 requirements prescribed by Section 141.062.
2-19 (c) An application filed by mail is considered to be filed
2-20 at the time of its receipt by the secretary of state.
2-21 (d) A person may state on the application the person's party
2-22 affiliation. For purposes of this subsection, a person is
2-23 affiliated with the political party in whose primary election the
2-24 person last voted.
2-25 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
2-26 application for a place on the nonpartisan judicial election ballot
2-27 must be filed with the secretary of state.
3-1 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
3-2 for a place on the nonpartisan judicial election ballot must be
3-3 filed not later than 5 p.m. of the 120th day before election day,
3-4 except as provided by Sections 291.053 and 202.008.
3-5 (b) An application may not be filed earlier than the 30th
3-6 day before the date of the regular filing deadline.
3-7 Sec. 291.024. FILING FEE. (a) The filing fee for a
3-8 nonpartisan judicial candidate is $3,000.
3-9 (b) A filing fee received by the secretary of state shall be
3-10 deposited in the state treasury to the credit of the general
3-11 revenue fund.
3-12 Sec. 291.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
3-13 petition required by Section 291.021 must be signed by at least
3-14 5,000 registered voters in this state.
3-15 Sec. 291.026. STATEMENT ON PETITION. The following
3-16 statement must appear at the top of each page of a petition to be
3-17 filed under Section 291.021: "I know that the purpose of this
3-18 petition is to entitle (insert candidate's name) to have his or her
3-19 name placed on the ballot for the office of (insert office title,
3-20 including any place number or other distinguishing number) for the
3-21 nonpartisan judicial election."
3-22 Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON
3-23 NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. (a) Except as
3-24 provided by Subsection (c), the secretary of state shall certify in
3-25 writing for placement on the nonpartisan judicial general election
3-26 ballot the name of each candidate who files with the secretary an
3-27 application that complies with Section 291.021(b).
4-1 (b) Not later than the 55th day before election day, the
4-2 secretary of state shall deliver the certification to the authority
4-3 responsible for having the official ballot prepared in each county
4-4 in which the candidate's name is to appear on the ballot.
4-5 (c) A candidate's name may not be certified:
4-6 (1) if, before delivering the certification, the
4-7 secretary of state learns that the name is to be omitted from the
4-8 ballot under Section 291.054; or
4-9 (2) for an office for which the candidate's
4-10 application is invalid under Section 141.033.
4-11 (Sections 291.028-291.050 reserved for expansion)
4-12 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
4-13 OF CANDIDATE
4-14 Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY.
4-15 With respect to withdrawal, death, or ineligibility of a candidate
4-16 in a nonpartisan judicial election, this subchapter supersedes
4-17 Subchapter A, Chapter 145, to the extent of any conflict.
4-18 Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL
4-19 ELECTION. (a) A candidate may not withdraw from the nonpartisan
4-20 judicial general election after the 65th day before election day.
4-21 (b) A withdrawal request must be filed with the secretary of
4-22 state.
4-23 Sec. 291.053. EXTENDED FILING DEADLINE. (a) The deadline
4-24 for filing an application for a place on the nonpartisan judicial
4-25 general election ballot is extended as provided by this section if
4-26 a candidate who has made an application that complies with the
4-27 applicable requirements:
5-1 (1) dies on or after the fifth day before the date of
5-2 the regular filing deadline and on or before the 65th day before
5-3 election day;
5-4 (2) holds the office for which the application was
5-5 made and withdraws or is declared ineligible on or after the date
5-6 of the regular filing deadline and on or before the 65th day before
5-7 election day; or
5-8 (3) withdraws or is declared ineligible during the
5-9 period prescribed by Subdivision (2), and at the time of the
5-10 withdrawal or declaration of ineligibility no other candidate has
5-11 made an application that complies with the applicable requirements
5-12 for the office sought by the withdrawn or ineligible candidate.
5-13 (b) An application for an office sought by a withdrawn,
5-14 deceased, or ineligible candidate must be filed not later than 5
5-15 p.m. of the 60th day before election day.
5-16 (c) If the deadline for filing applications is extended,
5-17 notice of the extended filing shall be given in the same manner as
5-18 provided under Section 172.055 for a primary election.
5-19 Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
5-20 NAME OMITTED FROM NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. A
5-21 candidate's name shall be omitted from the nonpartisan judicial
5-22 general election ballot if the candidate withdraws, dies, or is
5-23 declared ineligible on or before the 65th day before election day.
5-24 Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
5-25 APPEAR ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. If a
5-26 candidate who has made an application for a place on the
5-27 nonpartisan judicial general election ballot that complies with the
6-1 applicable requirements dies or is declared ineligible after the
6-2 65th day before election day, the candidate's name shall be placed
6-3 on the nonpartisan judicial general election ballot.
6-4 (Sections 291.056-291.070 reserved for expansion)
6-5 SUBCHAPTER D. CONDUCT OF ELECTION
6-6 Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. The
6-7 nonpartisan judicial offices and candidates shall be listed as a
6-8 separate ballot on the general election ballot following the
6-9 partisan offices under the heading "Election For Nonpartisan
6-10 Judicial Offices."
6-11 Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
6-12 JUDICIAL ELECTION. Except as otherwise provided by this code, the
6-13 nonpartisan judicial election shall be conducted and the results
6-14 canvassed, tabulated, and reported in the manner applicable to
6-15 partisan offices in the general election for state and county
6-16 officers.
6-17 SECTION 1.02. Section 1.005, Election Code, is amended by
6-18 amending Subdivision (9) and by adding Subdivisions (25) and (26)
6-19 to read as follows:
6-20 (9) "Independent candidate" means a candidate in a
6-21 nonpartisan election or a candidate in a partisan election who is
6-22 not the nominee of a political party. The term does not include a
6-23 nonpartisan judicial candidate.
6-24 (25) "Nonpartisan judicial candidate" means a
6-25 candidate in a nonpartisan judicial election.
6-26 (26) "Nonpartisan judicial election" means an election
6-27 held under Chapter 291.
7-1 SECTION 1.03. Section 41.002, Election Code, is amended to
7-2 read as follows:
7-3 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
7-4 The general election for state and county officers, including the
7-5 nonpartisan judicial general election, shall be held on the first
7-6 Tuesday after the first Monday in November in even-numbered years.
7-7 SECTION 1.04. Section 52.092, Election Code, is amended by
7-8 amending Subsections (a), (c), and (g)-(j) and by adding
7-9 Subsections (k) and (l) to read as follows:
7-10 (a) For an election at which offices regularly filled at the
7-11 general election for state and county officers, including the
7-12 nonpartisan judicial election, are to appear on the ballot, the
7-13 offices shall be listed in the following order:
7-14 (1) offices of the federal government;
7-15 (2) offices of the state government:
7-16 (A) statewide offices;
7-17 (B) district offices;
7-18 (3) offices of the county government:
7-19 (A) county offices;
7-20 (B) precinct offices.
7-21 (c) Statewide offices of the state government shall be
7-22 listed in the following order:
7-23 (1) governor;
7-24 (2) lieutenant governor;
7-25 (3) attorney general;
7-26 (4) comptroller of public accounts;
7-27 (5) commissioner of the General Land Office;
8-1 (6) commissioner of agriculture;
8-2 (7) railroad commissioner[;]
8-3 [(8) chief justice, supreme court;]
8-4 [(9) justice, supreme court;]
8-5 [(10) presiding judge, court of criminal appeals;]
8-6 [(11) judge, court of criminal appeals].
8-7 (g) The nonpartisan judicial offices shall be listed in the
8-8 following order:
8-9 (1) chief justice, supreme court;
8-10 (2) justice, supreme court;
8-11 (3) presiding judge, court of criminal appeals;
8-12 (4) judge, court of criminal appeals.
8-13 (h) If two or more offices having the same title except for
8-14 a place number or other distinguishing number are to appear on the
8-15 ballot, the number shall appear as part of the office title and the
8-16 offices shall be listed in numerical order.
8-17 (i) [(h)] The secretary of state shall assign a place number
8-18 to each position to be filled at the nonpartisan judicial [general]
8-19 election [for state and county officers] for each full or unexpired
8-20 term in the following offices:
8-21 (1) justice, supreme court; and
8-22 (2) judge, court of criminal appeals.
8-23 (j) The secretary of state shall assign a place number to
8-24 each position to be filled at the general election for state and
8-25 county officers for each full or unexpired term in the office of [;
8-26 and]
8-27 [(3)] justice, court of appeals, in a court having a
9-1 membership in excess of three, if distinguishing the positions to
9-2 be filled is necessary.
9-3 (k) [(i)] The secretary of state shall designate the
9-4 position of new offices on the ballot.
9-5 (l) [(j)] The office of judge of a multicounty statutory
9-6 county court created under Subchapter D, Chapter 25, Government
9-7 Code, is considered to be a county office for purposes of listing
9-8 the office on the ballot and to be a district office for all other
9-9 purposes under this code.
9-10 SECTION 1.05. Section 141.001(a), Election Code, is amended
9-11 to read as follows:
9-12 (a) To be eligible to be a candidate for, or elected or
9-13 appointed to, a public elective office in this state, a person
9-14 must:
9-15 (1) be a United States citizen;
9-16 (2) be 18 years of age or older on the first day of
9-17 the term to be filled at the election or on the date of
9-18 appointment, as applicable;
9-19 (3) have not been determined mentally incompetent by a
9-20 final judgment of a court;
9-21 (4) have not been finally convicted of a felony from
9-22 which the person has not been pardoned or otherwise released from
9-23 the resulting disabilities;
9-24 (5) have resided continuously in the state for 12
9-25 months and in the territory from which the office is elected for
9-26 six months immediately preceding the following date:
9-27 (A) for a candidate whose name is to appear on a
10-1 general primary election ballot, the date of the regular filing
10-2 deadline for a candidate's application for a place on the ballot;
10-3 (B) for an independent candidate or a
10-4 nonpartisan judicial candidate, the date of the regular filing
10-5 deadline for a candidate's application for a place on the ballot;
10-6 (C) for a write-in candidate, the date of the
10-7 election at which the candidate's name is written in;
10-8 (D) for a party nominee who is nominated by any
10-9 method other than by primary election, the date the nomination is
10-10 made; and
10-11 (E) for an appointee to an office, the date the
10-12 appointment is made; and
10-13 (6) satisfy any other eligibility requirements
10-14 prescribed by law for the office.
10-15 SECTION 1.06. Section 145.003(b), Election Code, is amended
10-16 to read as follows:
10-17 (b) A candidate in the general election for state and county
10-18 officers, including the nonpartisan judicial general election, may
10-19 be declared ineligible before the 30th day preceding election day
10-20 by:
10-21 (1) the party officer responsible for certifying the
10-22 candidate's name for placement on the general election ballot, in
10-23 the case of a candidate who is a political party's nominee; or
10-24 (2) the authority with whom the candidate's
10-25 application for a place on the ballot is required to be filed, in
10-26 the case of an independent candidate or a nonpartisan judicial
10-27 candidate, as applicable.
11-1 SECTION 1.07. Section 145.005(a), Election Code, is amended
11-2 to read as follows:
11-3 (a) If the name of a deceased or ineligible candidate
11-4 appears on the ballot [under this chapter], the votes cast for the
11-5 candidate shall be counted and entered on the official election
11-6 returns in the same manner as for the other candidates.
11-7 SECTION 1.08. Section 146.021, Election Code, is amended to
11-8 read as follows:
11-9 Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter
11-10 applies to a write-in candidate for an office that is to be voted
11-11 on at the general election for state and county officers, including
11-12 the nonpartisan judicial general election.
11-13 SECTION 1.09. Chapter 202, Election Code, is amended by
11-14 amending Section 202.002 and by adding Section 202.008 to read as
11-15 follows:
11-16 Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a
11-17 vacancy occurs on or before the 65th day before the date of the
11-18 general election for state and county officers, including the
11-19 nonpartisan judicial general election, held in the next-to-last
11-20 even-numbered year of a term of office, the remainder of the
11-21 unexpired term shall be filled at the next such general election
11-22 [for state and county officers], as provided by this chapter.
11-23 (b) If a vacancy occurs after the 65th day before the
11-24 applicable [a] general election day, an election for the unexpired
11-25 term may not be held at that general election. The appointment to
11-26 fill the vacancy continues until the next succeeding applicable
11-27 general election and until a successor has been elected and has
12-1 qualified for the office.
12-2 Sec. 202.008. FILING DEADLINE FOR APPLICATION OF NONPARTISAN
12-3 JUDICIAL CANDIDATE. (a) If a vacancy in a nonpartisan judicial
12-4 office occurs on or before the 10th day before the date of the
12-5 regular deadline for filing an application for a place on the
12-6 nonpartisan judicial general election ballot, an application for
12-7 the unexpired term must be filed by the regular filing deadline.
12-8 (b) If the vacancy occurs after the 10th day before the date
12-9 of the regular filing deadline, an application for the unexpired
12-10 term must be filed not later than 5 p.m. of the 15th day after the
12-11 date the vacancy occurs or 5 p.m. of the 60th day before election
12-12 day, whichever is earlier.
12-13 (c) The filing fee and petition requirements for a candidate
12-14 for an unexpired term are the same as for a candidate for a full
12-15 term.
12-16 SECTION 1.10. Each justice or judge holding a statewide
12-17 judicial office on September 1, 1999, unless otherwise removed as
12-18 provided by law, continues in office for the term to which elected
12-19 or for the period for which appointed, as applicable.
12-20 ARTICLE 2. CAMPAIGN FINANCE FOR STATEWIDE
12-21 JUDICIAL OFFICE
12-22 SECTION 2.01. Title 15, Election Code, is amended by adding
12-23 Chapter 259 to read as follows:
12-24 CHAPTER 259. PUBLIC FINANCING OF STATEWIDE JUDICIAL CAMPAIGNS
12-25 SUBCHAPTER A. GENERAL PROVISIONS
12-26 Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter
12-27 applies only to the offices of:
13-1 (1) chief justice and justice, supreme court; and
13-2 (2) presiding judge and judge, court of criminal
13-3 appeals.
13-4 Sec. 259.002. DEFINITION. In this chapter, "fund" means the
13-5 judicial campaign financing fund established under Subchapter C.
13-6 Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. By
13-7 accepting money from the fund, a candidate agrees to not accept
13-8 political contributions not authorized by this chapter.
13-9 (Sections 259.004-259.010 reserved for expansion)
13-10 SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
13-11 Sec. 259.011. REQUIREMENTS FOR ELIGIBILITY GENERALLY. To be
13-12 eligible to receive public financing under this chapter, a
13-13 candidate for an office covered by this chapter must:
13-14 (1) file with the commission a petition that satisfies
13-15 the requirements prescribed by:
13-16 (A) Section 141.062, as if the petition were a
13-17 petition filed in connection with a candidate's application for a
13-18 place on the ballot; and
13-19 (B) Section 259.013; and
13-20 (2) receive political contributions in the amount and
13-21 within the period prescribed by Section 259.014.
13-22 Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY
13-23 ELIGIBLE. (a) Not later than the fifth day after the date an
13-24 application for a place on the nonpartisan judicial election ballot
13-25 is required to be filed, the secretary of state shall certify in
13-26 writing to the commission each person who is a candidate for an
13-27 office covered by this chapter as conditionally eligible for public
14-1 financing.
14-2 (b) Not later than the fifth day after the date the
14-3 secretary of state certifies a candidate for placement on the list
14-4 of write-in candidates as a candidate for an office covered by this
14-5 chapter, the secretary shall certify the candidate in writing to
14-6 the commission as conditionally eligible for public financing.
14-7 (c) The secretary of state shall deliver a copy of a
14-8 certification under this section to the affected candidate.
14-9 Sec. 259.013. PETITION REQUIREMENTS. (a) A petition in
14-10 connection with a request for public financing must be signed by at
14-11 least 1,000 registered voters in this state, at least 500 of whom
14-12 are licensed to practice law in this state. Not more than 20
14-13 percent of the signers may be residents of the same county. A
14-14 person may not sign a petition for more than one candidate for the
14-15 same office.
14-16 (b) The signatures of persons who are licensed to practice
14-17 law in this state must:
14-18 (1) be on sheets that are separate from the signatures
14-19 of other persons; and
14-20 (2) be accompanied by the person's State Bar of Texas
14-21 registration number.
14-22 (c) A person who signs a petition under this section must,
14-23 at the time of signing, make a political contribution to the
14-24 candidate of at least $5 and not more than $100. A political
14-25 contribution accepted under this subsection must be in the form of
14-26 cash or a check.
14-27 (d) A candidate requesting public financing under this
15-1 chapter must file the petition with the commission not later than
15-2 the applicable deadline for filing an application for a place on
15-3 the nonpartisan judicial election ballot or a declaration of
15-4 write-in candidacy.
15-5 (e) The circulation of a petition to be filed under this
15-6 subchapter in connection with a candidate's request for public
15-7 financing does not constitute candidacy or an announcement of
15-8 candidacy for purposes of the automatic resignation provisions of
15-9 Section 65, Article XVI, or Section 11, Article XI, Texas
15-10 Constitution.
15-11 Sec. 259.014. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A
15-12 candidate for an office covered by this chapter must accept and
15-13 receive at least $30,000 in political contributions during the
15-14 period:
15-15 (1) beginning on the 120th day before the date an
15-16 application for a place on the nonpartisan judicial election ballot
15-17 is required to be filed; and
15-18 (2) ending on the June 30 preceding the date an
15-19 application for a place on the nonpartisan judicial election ballot
15-20 is required to be filed.
15-21 (b) A political contribution accepted under this section
15-22 must be in the form of cash or a check.
15-23 (c) Not later than the fifth day after the date prescribed
15-24 by Subsection (a)(2), a candidate who received more than $30,000 in
15-25 political contributions under this section shall deliver to the
15-26 commission an amount equal to the difference between the amount of
15-27 political contributions received and $30,000. The commission shall
16-1 deliver money received under this subsection to the comptroller for
16-2 deposit in the fund.
16-3 (d) Notwithstanding Section 254.034, a candidate who is
16-4 requesting public financing and who accepts a political
16-5 contribution under this section but who does not receive the
16-6 contribution until after the date prescribed by Subsection (a)(2)
16-7 shall return the contribution to the contributor not later than the
16-8 fifth day after the date the candidate receives the contribution.
16-9 (e) Section 253.1571 does not apply to a political
16-10 contribution accepted under this section.
16-11 Sec. 259.015. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a)
16-12 Not later than the fifth day after the date the commission
16-13 determines a candidate is eligible, the commission shall certify to
16-14 the comptroller as eligible for public financing each candidate
16-15 who:
16-16 (1) is certified to the commission as conditionally
16-17 eligible; and
16-18 (2) meets the requirements prescribed by Section
16-19 259.011.
16-20 (b) A determination as to whether a candidate meets the
16-21 requirements prescribed by Section 259.014 must be based on reports
16-22 of political contributions and expenditures filed under Chapter
16-23 254. The commission is not required to make a determination as to
16-24 whether a candidate is eligible until the candidate makes a written
16-25 request for a determination. The commission shall make a
16-26 determination not later than the 15th day after the later of:
16-27 (1) the date the commission receives the request for a
17-1 determination; or
17-2 (2) the date the candidate files a report under
17-3 Chapter 254 covering the period prescribed by Section 259.014.
17-4 (c) The commission shall deliver a copy of a certification
17-5 under this section to the affected candidate.
17-6 Sec. 259.016. VERIFICATION OF PETITION. (a) The commission
17-7 is not required to verify a petition filed under Section 259.013
17-8 unless, not later than the 10th day after the date a petition is
17-9 required to be filed under Section 259.013, a person alleges to the
17-10 commission in writing that the petition does not meet the
17-11 requirements prescribed by Sections 141.062 and 259.013.
17-12 (b) The commission shall verify a petition as promptly as
17-13 possible after receiving an allegation under Subsection (a).
17-14 Pending verification, the commission may not certify the candidate
17-15 to the comptroller as eligible for public financing.
17-16 (c) On request of the commission:
17-17 (1) a voter registrar shall verify the voter
17-18 registration status of a signer of a petition filed with the
17-19 commission who the petition indicates is registered or has been
17-20 approved for registration in the county served by the registrar;
17-21 and
17-22 (2) the State Bar of Texas shall verify the membership
17-23 status of a signer of a petition filed with the commission who the
17-24 petition indicates is licensed to practice law in this state.
17-25 (d) If the commission verifies that the petition meets the
17-26 requirements prescribed by Sections 141.062 and 259.013:
17-27 (1) the commission shall certify the candidate to the
18-1 comptroller as eligible for public financing; and
18-2 (2) the comptroller shall distribute to the candidate
18-3 from the fund any money to which the candidate would have been
18-4 entitled if the candidate had been eligible during the period in
18-5 which the verification was pending.
18-6 (Sections 259.017-259.050 reserved for expansion
18-7 SUBCHAPTER C. JUDICIAL CAMPAIGN FINANCING FUND
18-8 Sec. 259.051. JUDICIAL CAMPAIGN FINANCING FUND. (a) The
18-9 judicial campaign financing fund is in the state treasury.
18-10 (b) The fund consists of:
18-11 (1) amounts transferred to the fund under Subsection
18-12 (c);
18-13 (2) amounts refunded to the fund under Section 259.055
18-14 or 259.056;
18-15 (3) amounts paid to the commission under Section
18-16 259.014(c);
18-17 (4) amounts appropriated to the fund; and
18-18 (5) amounts received by the commission or comptroller
18-19 as a gift or grant to the fund.
18-20 (c) Each even-numbered calendar year, the comptroller shall
18-21 transfer to the fund from the general revenue fund amounts that in
18-22 the aggregate equal the amount of attorney occupation taxes, not
18-23 including penalties or interest, collected under Subchapter H,
18-24 Chapter 191, Tax Code, in that calendar year and the preceding
18-25 calendar year. The comptroller shall make the transfers as
18-26 necessary to permit the comptroller to make the distributions
18-27 required by Section 259.053.
19-1 (d) For a person to be eligible to receive public financing,
19-2 the commission must certify to the comptroller that the person is
19-3 eligible as provided by Section 259.015.
19-4 (e) Money in the fund may be used for preparation of a voter
19-5 information pamphlet as provided by Subchapter E.
19-6 Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In
19-7 connection with each nonpartisan judicial election, the commission
19-8 shall, not later than the 90th day before the date an application
19-9 for a place on the nonpartisan judicial election ballot is
19-10 required to be filed, adopt rules prescribing the total amount of
19-11 public financing to which a candidate for an office covered by
19-12 this chapter is entitled.
19-13 (b) The commission shall determine the amount under
19-14 Subsection (a) based on:
19-15 (1) the comptroller's certification as to the amount
19-16 that will be available in the fund for the calendar year in which
19-17 the election occurs; and
19-18 (2) the secretary of state's estimation, based on
19-19 previous elections, of the number of candidates for offices covered
19-20 by this chapter.
19-21 (c) The commission shall prescribe identical amounts under
19-22 Subsection (a) for candidates for chief justice, supreme court,
19-23 and presiding judge, court of criminal appeals. The commission
19-24 shall prescribe identical amounts under Subsection (a) for
19-25 candidates for justice, supreme court, and judge, court of criminal
19-26 appeals. The amounts for chief justice or presiding judge must be
19-27 greater than the amounts for justice or judge.
20-1 (d) The rules adopted under Subsection (a) must specify the
20-2 amount of each monthly distribution from the fund. The amount of
20-3 any monthly distribution may not be substantially greater than the
20-4 amount of any other monthly distribution.
20-5 Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified
20-6 candidate is entitled to a distribution from the fund each month
20-7 during the period:
20-8 (1) beginning on the date an application for a place
20-9 on the nonpartisan judicial election ballot is required to be
20-10 filed; and
20-11 (2) ending on the 30th day after the date of:
20-12 (A) the nonpartisan judicial general election,
20-13 if the candidate has an opponent in the nonpartisan judicial
20-14 general election; or
20-15 (B) except as provided by Subsection (b), the
20-16 date an application for a place on the nonpartisan judicial
20-17 election ballot is required to be filed, if the candidate does not
20-18 have an opponent in the nonpartisan judicial general election.
20-19 (b) Notwithstanding Subsection (a)(2), after a person files
20-20 a declaration of write-in candidacy opposing a certified candidate
20-21 who does not have an opponent in the nonpartisan judicial general
20-22 election, the certified candidate is entitled to each distribution
20-23 from the fund scheduled to be made after the date the candidate's
20-24 opponent files the declaration of write-in candidacy.
20-25 (c) The comptroller shall distribute money to certified
20-26 candidates as directed by the commission. If the amount in the
20-27 fund is insufficient to provide the amounts specified by Section
21-1 259.052, the comptroller shall determine the amount of available
21-2 money and shall distribute the amount on a pro rata basis.
21-3 Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a)
21-4 Money accepted by a candidate from the fund is considered to be a
21-5 campaign contribution to the candidate. Except as otherwise
21-6 provided by this chapter, the provisions of this title regulating
21-7 the use of political contributions apply to money accepted by a
21-8 candidate from the fund.
21-9 (b) A candidate may use money accepted from the fund only
21-10 for expenses related to the candidate's campaign for election. A
21-11 candidate may not use money accepted from the fund to make a
21-12 political contribution to another candidate or a political
21-13 committee.
21-14 (c) A candidate who uses money from the fund in violation of
21-15 Subsection (b):
21-16 (1) is not eligible for any additional money from the
21-17 fund; and
21-18 (2) is liable for a civil penalty not to exceed three
21-19 times the amount of the money used in violation of Subsection (b).
21-20 Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) After the
21-21 nonpartisan judicial general election, a candidate shall refund
21-22 amounts accepted from the fund that have not been expended or
21-23 contractually obligated.
21-24 (b) A candidate shall make a refund under this section to
21-25 the comptroller not later than the 30th day after the date of the
21-26 nonpartisan judicial general election. The comptroller shall
21-27 deposit refunds received under this section to the credit of the
22-1 fund.
22-2 (c) A person who violates this section is liable for a civil
22-3 penalty not to exceed three times the amount of money required to
22-4 be refunded that was not refunded as required by this section.
22-5 Sec. 259.056. WITHDRAWAL OR INELIGIBILITY OF CANDIDATE.
22-6 (a) A candidate who withdraws from an election or is declared
22-7 ineligible shall refund amounts accepted from the fund that have
22-8 not been expended or contractually obligated. The candidate shall
22-9 refund those amounts to the comptroller not later than the 10th day
22-10 after the date the candidate withdraws or is declared ineligible.
22-11 The comptroller shall deposit refunds received under this section
22-12 to the credit of the fund.
22-13 (b) A person who violates this section is liable for a civil
22-14 penalty not to exceed three times the amount of money required to
22-15 be refunded that was not refunded as required by this section.
22-16 (Sections 259.057-259.100 reserved for expansion
22-17 SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF
22-18 POLITICAL CONTRIBUTIONS
22-19 Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a)
22-20 Except as provided by Section 259.013, 259.014, or 259.103, a
22-21 candidate or officeholder who accepts public financing or a
22-22 specific-purpose committee for supporting or opposing such a
22-23 candidate or assisting such an officeholder may not accept a
22-24 political contribution in connection with the office for which the
22-25 candidate or officeholder accepted public financing.
22-26 (b) A person who violates this section is liable for a civil
22-27 penalty not to exceed three times the amount of political
23-1 contributions used in violation of this section.
23-2 Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE
23-3 PROHIBITED. (a) Except as provided by Section 259.103, a
23-4 candidate or officeholder who accepts public financing or a
23-5 specific-purpose committee for supporting or opposing such a
23-6 candidate or assisting such an officeholder may not use a political
23-7 contribution to make a campaign expenditure for the office for
23-8 which the candidate or officeholder accepted public financing or to
23-9 make an officeholder expenditure in connection with that office if
23-10 the contribution was accepted while the candidate or officeholder:
23-11 (1) was a candidate for an office other than the
23-12 office for which the candidate or officeholder accepted public
23-13 financing; or
23-14 (2) held an office other than the office for which the
23-15 candidate or officeholder accepted public financing, unless the
23-16 person had become a candidate for that office and the contribution
23-17 was accepted under Section 259.014.
23-18 (b) A person who violates this section is liable for a civil
23-19 penalty not to exceed three times the amount of political
23-20 contributions used in violation of this section.
23-21 Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN
23-22 OFFICEHOLDERS. (a) Sections 259.101 and 259.102 do not apply to
23-23 an officeholder who accepted public financing and who seeks
23-24 reelection to the office for which the officeholder accepted public
23-25 financing or election to another office covered by this chapter if
23-26 the officeholder files a written statement with the commission that
23-27 the officeholder will not request public financing for the
24-1 reelection or election.
24-2 (b) An officeholder who files a statement under Subsection
24-3 (a) is not eligible for public financing for the reelection or
24-4 election to which the statement relates.
24-5 (c) An officeholder who accepted public financing or a
24-6 specific-purpose committee for assisting such an officeholder or
24-7 for supporting such an officeholder as a candidate may not accept a
24-8 political contribution before the officeholder files a statement
24-9 under Subsection (a).
24-10 (d) A person who violates Subsection (c) is liable for a
24-11 civil penalty not to exceed three times the amount of political
24-12 contributions used in violation of Subsection (c).
24-13 Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER
24-14 PURPOSES. An officeholder who accepted public financing may retain
24-15 and use for officeholder purposes the unexpended amount, if any, of
24-16 political contributions accepted under Section 259.013 or 259.014.
24-17 (Sections 259.105-259.130 reserved for expansion
24-18 SUBCHAPTER E. VOTER INFORMATION PAMPHLET FOR STATEWIDE
24-19 JUDICIAL ELECTIONS
24-20 Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter
24-21 applies to each candidate certified as eligible for public
24-22 financing.
24-23 Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than
24-24 the 70th day before the date of the nonpartisan judicial general
24-25 election, a candidate for an office covered by this subchapter may
24-26 file with the secretary of state an informational statement, on a
24-27 form prescribed by the secretary, to be included in the voter
25-1 information pamphlet for that election.
25-2 Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's
25-3 statement must include a summary of the following information:
25-4 (1) current occupation;
25-5 (2) educational and occupational background;
25-6 (3) biographical information; and
25-7 (4) any previous experience serving in government.
25-8 (b) A candidate's statement may not directly or indirectly
25-9 indicate the candidate's party affiliation, if any.
25-10 (c) The secretary of state shall prescribe the format and
25-11 length of the candidate's statement.
25-12 Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later
25-13 than the fifth day after the date the candidate's statement is
25-14 received, the secretary of state shall review the statement to
25-15 determine whether it complies with this subchapter.
25-16 (b) If the secretary of state determines that the statement
25-17 does not comply with the applicable requirements, the secretary
25-18 shall reject the statement and deliver written notice of the reason
25-19 for the rejection to the candidate not later than the second day
25-20 after the date of rejection.
25-21 (c) A candidate whose statement is rejected may resubmit the
25-22 statement subject to the prescribed deadline.
25-23 Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary
25-24 of state shall contract for the preparation and printing of the
25-25 voter information pamphlet after soliciting bids for that work.
25-26 The secretary may prepare or print the pamphlet if the secretary
25-27 determines that the costs of that preparation or printing are less
26-1 than or equal to the most reasonable bid submitted.
26-2 (b) The pamphlet must include each statement that complies
26-3 with this subchapter and is filed by a candidate the commission has
26-4 certified as eligible for public financing. Candidates whose names
26-5 will appear on the ballot and write-in candidates must be shown in
26-6 separate groups. The order of the candidates' names within the
26-7 groups is determined by a drawing conducted by the secretary of
26-8 state.
26-9 (c) The secretary of state shall prescribe appropriate
26-10 explanatory material to be included in the pamphlet to assist the
26-11 voters, including a statement that the pamphlet may be used at the
26-12 polls to assist the voters in marking their ballots.
26-13 Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the
26-14 45th day before the date of each nonpartisan judicial general
26-15 election, the secretary of state shall mail the voter information
26-16 pamphlet to each household in this state in which a registered
26-17 voter resides.
26-18 Sec. 259.137. ADDITIONAL PROCEDURES. The secretary of state
26-19 shall prescribe any additional procedures necessary to implement
26-20 this subchapter.
26-21 SECTION 2.02. Section 253.157, Election Code, as amended by
26-22 Chapters 479 and 552, Acts of the 75th Legislature, Regular
26-23 Session, 1997, is amended by amending Subsections (a) and (e) and
26-24 by adding Subsection (f) to read as follows:
26-25 (a) A judicial candidate or officeholder [or a
26-26 specific-purpose committee for supporting or opposing a judicial
26-27 candidate] may not accept a political contribution in excess of $50
27-1 from a person if:
27-2 (1) the person is a law firm, a member of a law firm,
27-3 or a general-purpose committee established or controlled by a law
27-4 firm; and
27-5 (2) the contribution when aggregated with all
27-6 political contributions accepted by the candidate or officeholder
27-7 [committee] from the law firm, other members of the law firm, or
27-8 [from] a general-purpose committee established or controlled by
27-9 the law firm in connection with the election would exceed six times
27-10 the applicable contribution limit under Section 253.155.
27-11 (e) This section does not apply to a political contribution
27-12 to a candidate for or holder of a statewide judicial office or to a
27-13 specific-purpose committee for supporting or opposing such a
27-14 candidate or assisting such an officeholder.
27-15 (f) In this section:
27-16 (1) "Law firm" means a partnership, limited liability
27-17 partnership, or professional corporation organized for the practice
27-18 of law.
27-19 (2) "Member" means a partner, associate, shareholder,
27-20 employee, or person designated "of counsel" or "of the firm".
27-21 SECTION 2.03. Subchapter F, Chapter 253, Election Code, is
27-22 amended by adding Section 253.1571 to read as follows:
27-23 Sec. 253.1571. CERTAIN CONTRIBUTIONS IN CONNECTION WITH
27-24 STATEWIDE JUDICIAL OFFICE PROHIBITED. (a) Except as provided by
27-25 Section 259.014, a candidate for or holder of a statewide judicial
27-26 office may not knowingly accept a political contribution from:
27-27 (1) a person licensed to practice law in this state;
28-1 (2) a law firm;
28-2 (3) a political committee established or controlled by
28-3 a law firm;
28-4 (4) a general-purpose committee in which persons
28-5 described by Subdivisions (1)-(3) constitute 20 percent or more of
28-6 the committee's total membership;
28-7 (5) a general-purpose committee that, in the preceding
28-8 three calendar years, or in the period beginning on the date the
28-9 committee filed its initial campaign treasurer appointment and
28-10 ending on the preceding December 31, if the committee has not been
28-11 in existence for at least three calendar years, accepted political
28-12 contributions from persons described by Subdivisions (1)-(3) that,
28-13 in the aggregate, exceed 20 percent of the total amount of
28-14 political contributions accepted by the committee during that
28-15 period;
28-16 (6) a general-purpose committee that has not been in
28-17 existence for at least 12 months before the date the contribution
28-18 is accepted; or
28-19 (7) a person who, at the time the contribution is
28-20 accepted, is a party to an action pending in a district court, a
28-21 court of appeals, the supreme court, or the court of criminal
28-22 appeals.
28-23 (b) A person who violates this section commits an offense.
28-24 An offense under this section is a Class A misdemeanor.
28-25 (c) In this section, "law firm" has the meaning assigned by
28-26 Section 253.157.
28-27 SECTION 2.04. Section 253.158(a), Election Code, is amended
29-1 to read as follows:
29-2 (a) For purposes of Sections 253.155, [and] 253.157, and
29-3 253.1571, a contribution by the spouse or child of an individual is
29-4 considered to be a contribution by the individual.
29-5 SECTION 2.05. Sections 253.159 and 253.1601, Election Code,
29-6 are amended to read as follows:
29-7 Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS AND
29-8 RESTRICTIONS. Sections 253.155, [and] 253.157, and 253.1571 do not
29-9 apply to an individual who is related to the candidate or
29-10 officeholder within the second degree by consanguinity, as
29-11 determined under Subchapter B, Chapter 573, Government Code.
29-12 Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
29-13 CONTRIBUTION TO CANDIDATE. For purposes of Sections 253.155,
29-14 253.157, 253.1571, and 253.160, a contribution to a
29-15 specific-purpose committee for the purpose of supporting a judicial
29-16 candidate, opposing the candidate's opponent, or assisting the
29-17 candidate as an officeholder is considered to be a contribution to
29-18 the candidate.
29-19 SECTION 2.06. (a) Section 253.157, Election Code, as
29-20 amended by this Act, and Section 253.1571, Election Code, as added
29-21 by this Act, apply only to a political contribution accepted on or
29-22 after the effective date of this Act. A political contribution
29-23 accepted before the effective date of this Act is governed by the
29-24 law in effect on the date the contribution was accepted, and the
29-25 former law is continued in effect for that purpose.
29-26 (b) Notwithstanding Chapter 259, Election Code, as added by
29-27 this Act, a person who on the effective date of this Act held an
30-1 office covered by that chapter and who had unexpended political
30-2 contributions may use those contributions to make political
30-3 expenditures for campaign or officeholder purposes.
30-4 ARTICLE 3. CONFLICT WITH OTHER ACTS; EFFECTIVE DATE; EMERGENCY
30-5 SECTION 3.01. To the extent of any conflict, this Act
30-6 prevails over another Act of the 76th Legislature, Regular Session,
30-7 1999, relating to nonsubstantive additions and corrections in
30-8 enacted codes.
30-9 SECTION 3.02. The importance of this legislation and the
30-10 crowded condition of the calendars in both houses create an
30-11 emergency and an imperative public necessity that the
30-12 constitutional rule requiring bills to be read on three several
30-13 days in each house be suspended, and this rule is hereby suspended,
30-14 and that this Act take effect and be in force from and after its
30-15 passage, and it is so enacted.