Texas 2009 - 81st Regular

Texas House Bill HB3146 Compare Versions

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1	1	By: Anchia H.B. No. 3146
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to public financing of campaigns for certain judicial
7	7	offices and to limits on political contributions to and direct
8	8	campaign expenditures made on behalf of judicial candidates, and
9	9	officeholders, in connection with certain judicial offices;
10	10	providing civil penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 15, Election Code, is amended by adding
13	13	Chapter 259 to read as follows:
14	14	CHAPTER 259. PUBLIC FINANCING OF CAMPAIGNS FOR
15	15	CERTAIN JUDICIAL OFFICES
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter
18	18	applies only to:
19	19	(1) a member of the judiciary at the appellate court
20	20	level, State Court of Criminal Appeals and State Supreme Court;
21	21	Sec. 259.002. DEFINITIONS. In this chapter:
22	22	(1) "Election cycle" means:
23	23	(A) the general primary election, runoff primary
24	24	election, if any, and general election for state and county
25	25	officers; or
26	26	(B) a special election and runoff election, if
27	27	any.
28	28	(2) "Fund" means the campaign financing fund
29	29	established under Subchapter C.
30	30	Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. By
31	31	accepting money from the fund, a candidate agrees to not accept
32	32	political contributions not authorized by this chapter.
33	33	SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
34	34	Sec. 259.011. REQUIREMENTS FOR ELIGIBILITY GENERALLY. To be
35	35	eligible to receive public financing under this chapter, a
36	36	candidate must:
37	37	(1) receive political contributions in the applicable
38	38	amount and within the applicable period prescribed by Section
39	39	259.017;.
40	40	(2) file with the commission a petition that satisfies
41	41	the applicable requirements prescribed by:
42	42	(A) Subchapter C, Chapter 141; and
43	43	(B) Sections 259.013, 259.014, 259.015, and
44	44	259.016.
45	45	Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY
46	46	ELIGIBLE. (a) Not later than the 15th day after the date an
47	47	application for a place on the ballot is required to be filed, the
48	48	secretary of state shall certify in writing to the commission each
49	49	person who is a candidate for an office covered by this chapter as
50	50	conditionally eligible for public financing.
51	51	(b) Not later than the fifth day after the date the
52	52	secretary of state certifies a candidate for placement on the list
53	53	of write-in candidates as a candidate for an office covered by this
54	54	chapter, the secretary shall certify the candidate in writing to
55	55	the commission as conditionally eligible for public financing.
56	56	(c) The secretary of state shall deliver a copy of a
57	57	certification under this section to the affected candidate.
58	58	Sec. 259.013. CIRCULATION PERIOD FOR PETITION; HEADING AND
59	59	STATEMENT. (a) A petition under this subchapter may not be
60	60	circulated before the beginning of the applicable period prescribed
61	61	by Section 259.017(a).
62	62	(b) Each page of a petition under this subchapter must:
63	63	(1) be headed "Petition for Public Campaign Financing
64	64	for (Name of Candidate), a Candidate for (Name of Office Sought and
65	65	District Number, if Applicable)."; and
66	66	(2) contain a statement just ahead of the signatures
67	67	of the petitioners, as follows: "I know that the purpose of this
68	68	petition is to enable (name of candidate) to receive public
69	69	financing in connection with (his or her) campaign for (name of
70	70	office sought and district number, if applicable)."
71	71	(c) The circulation of a petition to be filed under this
72	72	subchapter does not constitute candidacy or an announcement of
73	73	candidacy for purposes of the automatic resignation provisions of
74	74	Section 11, Article XI, or Section 65, Article XVI, Texas
75	75	Constitution.
76	76	Sec. 259.014. REQUIRED SIGNATURES FOR PETITION. (a) A
77	77	candidate's petition under this subchapter must be signed by:
78	78	(1) at least 2,500 registered voters, if the candidate
79	79	seeks a statewide judicial office;
80	80	(2) at least 1,000 registered voters, if the candidate
81	81	seeks the office of appellate court justice;
82	82	(b) Not more than 20 percent of the required number of
83	83	signers may be residents of:
84	84	(1) the same county, if the candidate seeks a
85	85	statewide office;
86	86	(2) the same commissioners court precinct, if the
87	87	candidate seeks a district office filled by voters of more than one
88	88	county; or
89	89	(3) the same election precinct, if the candidate seeks
90	90	a district office filled by voters of one county.
91	91	(c) A petition that violates Subsection (b) is not invalid
92	92	if the petition would otherwise be valid if the signatures of
93	93	residents of the same county or precinct, as applicable, in excess
94	94	of the applicable number specified by Subsection (b) were
95	95	disregarded.
96	96	(d) A person may not sign a petition under this subchapter
97	97	for more than one candidate for the same office.
98	98	Sec. 259.015. REQUIRED POLITICAL CONTRIBUTIONS FROM
99	99	PETITION SIGNERS. (a) A person who signs a petition under this
100	100	subchapter must, at the time of signing, make a political
101	101	contribution to the candidate in the form of cash or a check of $5.
102	102	(b) A political contribution accepted under this section is
103	103	counted for purposes of Section 259.017.
104	104	Sec. 259.016. FILING OF PETITION. A candidate requesting
105	105	public financing under this chapter must file the petition with the
106	106	commission not later than the applicable deadline for filing an
107	107	application for a place on the ballot or a declaration of write-in
108	108	candidacy.
109	109	Sec. 259.017. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A
110	110	candidate seeking public financing under this chapter must accept
111	111	and receive at least the amount specified by Subsection (b) in
112	112	political contributions during the period:
113	113	(1) beginning on the 120th day before the date an
114	114	application for a place on the ballot or a declaration of write-in
115	115	candidacy, as applicable, is required to be filed; and
116	116	(2) ending on the fifth day before the date an
117	117	application for a place on the ballot or a declaration of write-in
118	118	candidacy, as applicable, is required to be filed.
119	119	(b) The amount of required campaign contributions is:
120	120	(1) $12,500, if the candidate seeks a statewide
121	121	judicial office:
122	122	(2) $5,000, if the candidate seeks the office of
123	123	appellate court justice;
124	124	(c) Not later than the fifth day after the date the
125	125	commission certifies a candidate as eligible for public financing
126	126	under Section 259.018, a candidate who received more in political
127	127	contributions under this section than the applicable amount under
128	128	Subsection (b) shall deliver to the commission an amount equal to
129	129	the difference between the amount of political contributions
130	130	received and the applicable amount under Subsection (b). The
131	131	commission shall deliver money received under this subsection to
132	132	the comptroller for deposit in the fund. A candidate who is not
133	133	certified as eligible for public financing is not required to
134	134	deliver excess political contributions to the commission under this
135	135	subsection.
136	136	(d) Notwithstanding Section 254.034, a candidate who is
137	137	requesting public financing and who accepts a political
138	138	contribution under this section but who does not receive the
139	139	contribution until after the applicable date prescribed by
140	140	Subsection (a)(2) shall return the contribution to the contributor
141	141	not later than the fifth day after the date the candidate receives
142	142	the contribution.
143	143	Sec. 259.018. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a)
144	144	Not later than the fifth day after the date the commission
145	145	determines a candidate is eligible, the commission shall certify to
146	146	the comptroller as eligible for public financing each candidate
147	147	who:
148	148	(1) meets the requirements prescribed by Section
149	149	259.011; and
150	150	(2) is certified to the commission as conditionally
151	151	eligible under Section 259.012.
152	152	(b) A determination as to whether a candidate meets the
153	153	requirements prescribed by Section 259.017 must be based on reports
154	154	of political contributions and expenditures filed under Chapter
155	155	254. The commission is not required to make a determination as to
156	156	whether a candidate is eligible until the candidate makes a written
157	157	request for a determination. The commission shall make a
158	158	determination not later than the 15th day after the later of:
159	159	(1) the date the commission receives the request for a
160	160	determination; or
161	161	(2) the date the candidate files a report under
162	162	Chapter 254 covering the period prescribed by Section 259.017.
163	163	(c) The commission shall deliver a copy of a certification
164	164	under this section to:
165	165	(1) the affected candidate; and
166	166	(2) each opponent of the affected candidate.
167	167	Sec. 259.019. VERIFICATION OF PETITION. (a) The
168	168	commission is not required to verify a petition filed under this
169	169	subchapter unless, not later than the 10th day after the date a
170	170	petition is required to be filed under Section 259.016, a person
171	171	alleges to the commission in writing that the petition does not meet
172	172	the requirements prescribed by this chapter.
173	173	(b) The commission shall verify a petition as promptly as
174	174	possible after receiving an allegation under Subsection (a).
175	175	Pending verification, the commission may not certify the candidate
176	176	to the comptroller as eligible for public financing.
177	177	(c) On request of the commission, a voter registrar shall
178	178	verify the voter registration status of a signer of a petition filed
179	179	with the commission who the petition indicates is registered or has
180	180	been approved for registration in the county served by the
181	181	registrar.
182	182	(d) If the commission verifies that the petition meets the
183	183	requirements prescribed by this chapter:
184	184	(1) the commission shall certify the candidate to the
185	185	comptroller as eligible for public financing; and
186	186	(2) the comptroller shall distribute to the candidate
187	187	from the fund any money to which the candidate would have been
188	188	entitled if the candidate had been eligible during the period in
189	189	which the verification was pending.
190	190	SUBCHAPTER C. CAMPAIGN FINANCING FUND
191	191	Sec. 259.051. CAMPAIGN FINANCING FUND. (a) The campaign
192	192	financing fund is in the state treasury.
193	193	(b) The fund consists of:
194	194	(1) amounts appropriated to the fund;
195	195	(2) amounts refunded to the fund under Section 259.055
196	196	or 259.056;
197	197	(3) amounts delivered to the commission under Section
198	198	259.017(e);
199	199	(4) amounts received by the commission or comptroller
200	200	as a gift or grant to the fund; and
201	201	(5) civil penalties collected by the commission for a
202	202	violation of this chapter or Subchapter G, Chapter 253.
203	203	(d) For a person to be eligible to receive public financing,
204	204	the commission must certify to the comptroller that the person is
205	205	eligible as provided by Section 259.018.
206	206	(e) Money remaining in the fund at the end of an election
207	207	cycle is retained in the fund for the next election cycle. The
208	208	comptroller shall credit interest on money in the fund to the fund.
209	209	Money in the fund may be appropriated only for purposes of this
210	210	chapter.
211	211	Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In
212	212	connection with each general election for state and county
213	213	officers, the commission shall, not later than the 130th day before
214	214	the date an application for a place on the primary election ballot
215	215	is required to be filed, adopt rules prescribing the total amount of
216	216	public financing to which a candidate for an office covered by this
217	217	chapter whose name will appear on the ballot is entitled. The
218	218	commission shall determine the amount under this subsection based
219	219	on:
220	220	(1) the allocations prescribed by Subsections (b) and
221	221	(C);
222	222	(2) the comptroller's certified estimation as to the
223	223	amount that will be available in the fund for the calendar year in
224	224	which the election occurs; and
225	225	(3) the secretary of state's estimation, based on
226	226	previous elections, of the number of candidates in each office
227	227	covered by this chapter who will be on the primary election ballot
228	228	or the general election ballot for that election.
229	229	(b) The commission shall prescribe amounts under Subsection
230	230	(a) using the following allocations:
231	231	(1) 25% to candidates for statewide judicial office
232	232	(2) 75% to candidates for appellate court justice
233	233	(c) The rules adopted under Subsection (a) must specify the
234	234	amount of each monthly distribution from the fund. The amount of a
235	235	monthly distribution made for January, February, or March must be
236	236	substantially greater than the amount of a monthly distribution
237	237	made for any other month.
238	238	Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified
239	239	candidate is entitled to a distribution from the fund for each month
240	240	that begins or ends during the period:
241	241	(1) beginning on the date an application for a place on
242	242	the ballot or a declaration of write-in candidacy, as applicable,
243	243	is required to be filed; and
244	244	(2) except as provided by Subsection (b), ending on
245	245	the 30th day after:
246	246	(A) the date an application for a place on the
247	247	ballot is required to be filed, if the candidate will not have an
248	248	opponent in the primary election or general election;
249	249	(B) the date of the primary election, if the
250	250	candidate has an opponent in the primary election and:
251	251	(i) will not have an opponent in the general
252	252	election; or
253	253	(ii) is not a candidate in the runoff
254	254	primary election or the general election;
255	255	(C) the date of the runoff primary election, if
256	256	the candidate is a candidate in that election and:
257	257	(i) will not have an opponent in the general
258	258	election; or
259	259	(ii) is not a candidate in the general
260	260	election; or
261	261	(D) the date of the general election.
262	262	(b) Notwithstanding Subsection (a)(2), after a person files
263	263	a declaration of write-in candidacy opposing a certified candidate
264	264	who would otherwise not have an opponent in the general election:
265	265	(1) the certified candidate is entitled to an amount
266	266	equal to 50 percent of each distribution from the fund scheduled to
267	267	be made after the date the candidate's opponent files the
268	268	declaration of write-in candidacy; and
269	269	(2) if the write-in candidate is certified as eligible
270	270	under Section 259.018, the write-in candidate is entitled to an
271	271	amount equal to 50 percent of each distribution from the fund
272	272	scheduled to be made after the date the candidate files the
273	273	declaration of write-in candidacy.
274	274	(c) if on the date an application for a place on the ballot
275	275	is required to be filed or has been certified by the Secretary of
276	276	State, a certified candidate has an opponent in a primary or general
277	277	election who has qualified to file as a non participating
278	278	candidate, and if on before the 35th day prior to the date of a
279	279	primary or general election said non participating candidate
280	280	reports contributions in excess of 50% or more than the qualified
281	281	candidates distribution, the qualified candidate shall be entitled
282	282	to additional distribution of funds at a rate of 1 to 3.
283	283	(d) The comptroller shall distribute money to certified
284	284	candidates as directed by the commission. If the amount in the fund
285	285	is insufficient to provide the amounts specified by rules adopted
286	286	under Section 259.052, the comptroller shall determine the amount
287	287	of available money and shall distribute the amount on a pro rata
288	288	basis.
289	289	Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a)
290	290	Money accepted by a candidate from the fund is considered to be a
291	291	campaign contribution to the candidate. Except as otherwise
292	292	provided by this chapter, the provisions of this title regulating
293	293	the use of political contributions apply to money accepted by a
294	294	candidate from the fund.
295	295	(b) A candidate may use money accepted from the fund only
296	296	for expenses related to the candidate's campaign for election. A
297	297	candidate may not use money accepted from the fund to make:
298	298	(1) a political contribution to another candidate, an
299	299	officeholder, or a political committee;
300	300	(2) a campaign expenditure in connection with an
301	301	office other than the office as to which the candidate accepted the
302	302	money; or
303	303	(3) an officeholder expenditure.
304	304	(c) A candidate who uses money from the fund in violation of
305	305	Subsection (b):
306	306	(1) is not eligible for any additional money from the
307	307	fund; and
308	308	(2) is liable for a civil penalty not to exceed three
309	309	times the amount of the money used in violation of Subsection (b).
310	310	Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) Following
311	311	the candidate's last election during the election cycle for which
312	312	public financing is accepted, a candidate shall refund to the
313	313	comptroller amounts accepted from the fund that have not been
314	314	expended or contractually obligated.
315	315	(b) A refund under this section must be made not later than
316	316	the 30th day after the date of:
317	317	(1) the primary election, if the candidate is not a
318	318	candidate in the runoff primary election or the general election;
319	319	(2) the runoff primary election, if the candidate is a
320	320	candidate in that election and is not a candidate in the general
321	321	election; or
322	322	(3) the general election.
323	323	(c) The comptroller shall deposit refunds received under
324	324	this section to the credit of the fund.
325	325	(d) A person who violates this section is liable for a civil
326	326	penalty not to exceed three times the amount of money required to be
327	327	refunded that was not refunded as required by this section.
328	328	Sec. 259.056. WITHDRAWAL, INELIGIBILITY, OR DEATH OF
329	329	CANDIDATE. (a) A candidate who withdraws from an election or is
330	330	declared ineligible shall refund to the comptroller amounts
331	331	accepted from the fund that have not been expended or contractually
332	332	obligated. The candidate shall refund those amounts not later than
333	333	the 10th day after the date the candidate withdraws or is declared
334	334	ineligible.
335	335	(b) The campaign treasurer of a candidate who dies shall
336	336	refund to the comptroller amounts accepted from the fund that have
337	337	not been expended or contractually obligated. The campaign
338	338	treasurer shall refund those amounts not later than the 30th day
339	339	after the date the candidate dies.
340	340	(c) The comptroller shall deposit refunds received under
341	341	this section to the credit of the fund.
342	342	(d) A person who violates this section is liable for a civil
343	343	penalty not to exceed three times the amount of money required to be
344	344	refunded that was not refunded as required by this section.
345	345	Sec. 259.057. DEPOSIT OF CIVIL PENALTIES. The comptroller
346	346	shall deposit a civil penalty collected by the commission for a
347	347	violation of this subchapter to the credit of the fund.
348	348	SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF
349	349	POLITICAL CONTRIBUTIONS
350	350	Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a)
351	351	Except as provided by Section 259.015, 259.017, or 259.103, a
352	352	candidate or officeholder who accepts public financing or a
353	353	specific-purpose committee for supporting or opposing such a
354	354	candidate or assisting such an officeholder may not accept a
355	355	political contribution in connection with the office for which the
356	356	candidate or officeholder accepted public financing.
357	357	(b) A person who violates this section is liable for a civil
358	358	penalty not to exceed three times the amount of political
359	359	contributions used in violation of this section.
360	360	Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE
361	361	PROHIBITED. (a) Except as provided by Section 259.103, a candidate
362	362	or officeholder who accepts public financing or a specific-purpose
363	363	committee for supporting such a candidate, opposing such a
364	364	candidate's opponent, or assisting such an officeholder may not use
365	365	a political contribution to make a campaign expenditure for the
366	366	office for which the candidate or officeholder accepted public
367	367	financing or to make an officeholder expenditure in connection with
368	368	that office if the contribution was accepted while the candidate or
369	369	officeholder:
370	370	(1) was a candidate for an office other than the office
371	371	for which the candidate or officeholder accepted public financing;
372	372	or
373	373	(2) held an office other than the office for which the
374	374	candidate or officeholder accepted public financing, unless the
375	375	person had become a candidate for that office and the contribution
376	376	was accepted under Section 259.017.
377	377	(b) A person who violates this section is liable for a civil
378	378	penalty not to exceed three times the amount of political
379	379	contributions used in violation of this section.
380	380	Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN
381	381	OFFICEHOLDERS. (a) Sections 259.101 and 259.102 do not apply to an
382	382	officeholder who accepted public financing and who seeks reelection
383	383	to the office for which the officeholder accepted public financing
384	384	or election to another office covered by this chapter if the
385	385	officeholder files a written statement with the commission that the
386	386	officeholder will not request public financing for the reelection
387	387	or election.
388	388	(b) An officeholder who files a statement under Subsection
389	389	(a) is not eligible for public financing for the reelection or
390	390	election to which the statement relates.
391	391	(c) An officeholder who accepted public financing or a
392	392	specific-purpose committee for assisting such an officeholder or
393	393	for supporting such an officeholder as a candidate may not accept a
394	394	political contribution before the officeholder files a statement
395	395	under Subsection (a).
396	396	(d) A person who violates Subsection (c) is liable for a
397	397	civil penalty not to exceed three times the amount of political
398	398	contributions used in violation of Subsection (c).
399	399	Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER
400	400	PURPOSES. An officeholder who accepted public financing may retain
401	401	and use for officeholder purposes the unexpended amount, if any, of
402	402	political contributions accepted under Section 259.015 or 259.017.
403	403	Sec. 259.105. CERTAIN DIRECT CAMPAIGN EXPENDITURES
404	404	CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
405	405	259.101, a direct campaign expenditure is considered to be a
406	406	campaign contribution to a candidate if the expenditure is made
407	407	with the cooperation or prior consent of, in consultation with, or
408	408	at the suggestion of:
409	409	(1) the candidate;
410	410	(2) a specific-purpose committee for supporting the
411	411	candidate or opposing the candidate's opponent; or
412	412	(3) a person acting with the candidate's knowledge and
413	413	consent.
414	414	SUBCHAPTER E. VOTER INFORMATION PAMPHLET
415	415	Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter
416	416	applies to each candidate certified as eligible for public
417	417	financing.
418	418	Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than
419	419	the 80th day before the date of the general election, a candidate
420	420	for an office covered by this subchapter may file with the secretary
421	421	of state an informational statement, on a form prescribed by the
422	422	secretary, to be included in a voter information pamphlet for that
423	423	election.
424	424	Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's
425	425	statement must include a summary of the following information:
426	426	(1) current occupation;
427	427	(2) educational and occupational background;
428	428	(3) biographical information; and
429	429	(4) any previous experience serving in government.
430	430	(b) The secretary of state shall prescribe the format and
431	431	length of the candidate's statement.
432	432	Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later
433	433	than the fifth day after the date the candidate's statement is
434	434	received, the secretary of state shall review the statement to
435	435	determine whether it complies with Section 259.133.
436	436	(b) If the secretary of state determines that the statement
437	437	does not comply with Section 259.133, the secretary shall reject
438	438	the statement and deliver written notice of the reason for the
439	439	rejection to the candidate not later than the second day after the
440	440	date of rejection.
441	441	(c) A candidate whose statement is rejected may resubmit the
442	442	statement subject to the prescribed deadline.
443	443	Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary
444	444	of state shall contract for the preparation and printing of one or
445	445	more voter information pamphlets after soliciting bids for that
446	446	work. The secretary may prepare separate pamphlets for different
447	447	regions of the state, including in each pamphlet only statewide
448	448	offices and the district offices for districts included in the
449	449	region if the secretary determines that distributing multiple
450	450	pamphlets is more economical than distributing a single pamphlet
451	451	for statewide use. The secretary may prepare or print the pamphlets
452	452	if the secretary determines that the costs of that preparation or
453	453	printing are less than or equal to the most reasonable bid
454	454	submitted.
455	455	(b) On the request of the secretary of state, the commission
456	456	shall direct the comptroller to transfer from the fund to the
457	457	secretary the money necessary for preparation of the pamphlets.
458	458	(c) Each pamphlet must include each statement that complies
459	459	with Sections 259.132 and 259.133 and is filed by a candidate for
460	460	an office included in the pamphlet whom the commission has
461	461	certified as eligible for public financing. Candidates whose names
462	462	will appear on the ballot and write-in candidates must be shown in
463	463	separate groups. The order of the candidates' names within the
464	464	groups is determined by a drawing conducted by the secretary of
465	465	state. Candidates whose names will appear on the ballot must be
466	466	identified by party or as an independent candidate, as applicable.
467	467	(d) Each pamphlet must name each candidate for an office
468	468	covered by this chapter and included in the pamphlet whom the
469	469	commission has not certified as eligible for public financing and
470	470	must identify each such candidate by party or as an independent or
471	471	write-in candidate, as applicable. The pamphlet may not contain
472	472	any other information about a candidate to whom this subsection
473	473	applies.
474	474	(e) The secretary of state shall prescribe appropriate
475	475	explanatory material to be included in each pamphlet to assist the
476	476	voters, including:
477	477	(1) a statement that the pamphlet may be used at the
478	478	polls to assist the voters in marking their ballots; and
479	479	(2) a statement that candidates who are not eligible
480	480	for public financing are not entitled to submit a candidate's
481	481	statement for inclusion in the pamphlet.
482	482	Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the
483	483	45th day before the date of each general election, the secretary of
484	484	state shall mail the appropriate voter information pamphlet to each
485	485	household in this state in which a registered voter resides.
486	486	Sec. 259.137. ADDITIONAL PROCEDURES. The secretary of
487	487	state shall prescribe any additional procedures necessary to
488	488	implement this subchapter.
489	489	SECTION 2. Chapter 253, Election Code, is amended by adding
490	490	Subchapter G to read as follows:
491	491	SUBCHAPTER G. CONTRIBUTION LIMITS FOR
492	492	JUDICIAL OFFICE
493	493	Sec. 253.201. APPLICABILITY OF SUBCHAPTER. This subchapter
494	494	applies only to a political contribution or direct campaign
495	495	expenditure in connection with:
496	496	(1) a statewide office in the judicial branch;
497	497	(2) the office of appellate court justice.
498	498	Sec. 253.202. CONTRIBUTION LIMITS. (a) Except as provided
499	499	by Subsection (c), a person may not knowingly make or authorize
500	500	political contributions to a candidate or officeholder that in the
501	501	aggregate exceed the following limits in a calendar year:
502	502	(1) for a statewide judicial office, $2,500;
503	503	(2) for the office of appellate court justice, $1,000;
504	504	or
505	505	(b) A person may not knowingly accept a political
506	506	contribution, and shall refuse a political contribution that is
507	507	received, in violation of Subsection (a).
508	508	(c) This section does not apply to a political contribution
509	509	made by the principal political committee of the state executive
510	510	committee of a political party.
511	511	(d) A person who violates this section is liable for a civil
512	512	penalty not to exceed three times the amount of the political
513	513	contributions made or accepted in violation of this section.
514	514	Sec. 253.203. CONTRIBUTION TO CERTAIN COMMITTEES
515	515	CONSIDERED CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes
516	516	of Section 253.202, a political contribution to a specific-purpose
517	517	committee for the purpose of supporting a candidate, opposing the
518	518	candidate's opponent, or assisting the candidate as an officeholder
519	519	is considered to be a contribution to the candidate or
520	520	officeholder.
521	521	Sec. 253.204. CERTAIN DIRECT CAMPAIGN EXPENDITURES
522	522	CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
523	523	253.202, a direct campaign expenditure is considered to be a
524	524	campaign contribution to a candidate if the expenditure is made
525	525	with the cooperation or prior consent of, in consultation with, or
526	526	at the suggestion of:
527	527	(1) the candidate;
528	528	(2) a specific-purpose committee for supporting the
529	529	candidate or opposing the candidate's opponent; or
530	530	(3) a person acting with the candidate's knowledge and
531	531	consent.
532	532	Sec. 253.205. NOTICE TO CERTAIN CANDIDATES OR OFFICEHOLDERS
533	533	OF INTENT TO ACCEPT CONTRIBUTIONS OR MAKE EXPENDITURES. (a) The
534	534	campaign treasurer of a specific-purpose committee that intends to
535	535	accept political contributions or make political expenditures for
536	536	the purpose of supporting a candidate for an office to which this
537	537	subchapter applies, opposing such a candidate's opponent, or
538	538	assisting such a candidate as an officeholder shall deliver written
539	539	notice of the committee's intent to the affected candidate or
540	540	officeholder.
541	541	(b) The notice must include the full name and address of the
542	542	specific-purpose committee and of its campaign treasurer.
543	543	(c) The notice must be delivered not later than the later
544	544	of:
545	545	(1) the date the committee files its campaign
546	546	treasurer appointment; or
547	547	(2) the third day after the date the committee
548	548	determines that it intends to accept political contributions or
549	549	make political expenditures for which notice under this section is
550	550	required.
551	551	(d) A campaign treasurer who violates this section is liable
552	552	for a civil penalty in an amount not to exceed three times the
553	553	political contributions accepted or political expenditures made
554	554	for a purpose described by Subsection (a) before notice is
555	555	delivered to the affected candidate or officeholder.
556	556	Sec. 253.206. NOTICE TO CANDIDATE, OFFICEHOLDER, OR
557	557	COMMITTEE OF RECEIPT OF CONTRIBUTION. (a) The campaign treasurer
558	558	of a specific-purpose committee that receives a political
559	559	contribution or makes a direct campaign expenditure that is
560	560	considered under Section 253.203 or 253.204 to be a contribution to
561	561	a candidate or officeholder shall, not later than the fifth day
562	562	after the date the contribution is received or the expenditure is
563	563	made, deliver written notice of that fact to the affected candidate
564	564	or officeholder.
565	565	(b) A candidate or officeholder who receives a political
566	566	contribution covered by Section 253.202 shall, not later than the
567	567	fifth day after the date the contribution is received, deliver
568	568	written notice of that fact to the campaign treasurer of each
569	569	specific-purpose committee that notifies the candidate or
570	570	officeholder under Section 253.205 that the committee intends to
571	571	accept political contributions or make political expenditures on
572	572	the candidate's or officeholder's behalf.
573	573	(c) A notice under this section must include:
574	574	(1) the full name and address of the person receiving
575	575	the political contribution and of the person's campaign treasurer,
576	576	if any;
577	577	(2) the full name and address of the person making the
578	578	contribution;
579	579	(3) the date the contribution is received; and
580	580	(4) the amount of the contribution.
581	581	(d) A person who violates this section is liable for a civil
582	582	penalty in an amount not to exceed three times the amount of
583	583	political contributions for which notice was not provided.
584	584	Sec. 253.207. RETURN OF EXCESS CONTRIBUTION. (a) A person
585	585	who receives a political contribution the acceptance of which would
586	586	violate Section 253.202 shall return the contribution to the
587	587	contributor not later than the 10th day after the date the
588	588	contribution is received.
589	589	(b) A political contribution that is not returned as
590	590	required by this section is considered to be accepted.
591	591	Sec. 253.208. DEPOSIT OF CIVIL PENALTIES. The comptroller
592	592	shall deposit a civil penalty collected by the commission for a
593	593	violation of this subchapter to the credit of the campaign
594	594	financing fund established under Subchapter C, Chapter 259.
595	595	SECTION 3. Section 253.003(c), Election Code, is amended to
596	596	read as follows:
597	597	(c) This section does not apply to a political contribution
598	598	made or accepted in violation of Subchapter F or G.
599	599	SECTION 4. Section 253.004(b), Election Code, is amended to
600	600	read as follows:
601	601	(b) This section does not apply to a political expenditure
602	602	made or authorized in violation of Subchapter F or G.
603	603	SECTION 5. Section 253.005(b), Election Code, is amended to
604	604	read as follows:
605	605	(b) This section does not apply to a political expenditure
606	606	that is:
607	607	(1) prohibited by Section 253.101; or
608	608	(2) made from a political contribution made in
609	609	violation of Subchapter F or G.
610	610	SECTION 6. Section 254.034, Election Code, is amended by
611	611	adding Subsection (d-1) to read as follows:
612	612	(d-1) This section applies to a political contribution
613	613	covered by Subchapter G, Chapter 253, except as provided by Section
614	614	253.207.
615	615	SECTION 7. Subchapter C, Chapter 254, Election Code, is
616	616	amended by adding Section 254.0613 to read as follows:
617	617	Sec. 254.0613. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
618	618	CANDIDATES. In addition to the contents required by Sections
619	619	254.031, 254.061, and 254.0612, each report by a candidate for an
620	620	office to which Subchapter G, Chapter 253, applies must include:
621	621	(1) for each political contribution or direct campaign
622	622	expenditure of which the candidate receives notice under Section
623	623	253.206:
624	624	(A) the full name and address of the committee
625	625	receiving the contribution or making the expenditure;
626	626	(B) the full name and address of the committee's
627	627	campaign treasurer;
628	628	(C) the full name and address of the person
629	629	making the contribution, if applicable;
630	630	(D) the date the contribution is received or
631	631	expenditure is made;
632	632	(E) the amount of the contribution or
633	633	expenditure; and
634	634	(F) an indication of whether the committee
635	635	accepted or refused the contribution; and
636	636	(2) for each person from whom, in the calendar year
637	637	containing the period covered by the report, the candidate has
638	638	accepted a political contribution or a specific-purpose committee
639	639	has accepted a political contribution of which the candidate
640	640	received notice under Section 253.206 or who has made a direct
641	641	campaign expenditure considered under Section 253.204 to be a
642	642	campaign contribution to the candidate, the aggregate total for
643	643	that calendar year of:
644	644	(A) political contributions accepted by the
645	645	candidate and by the committee from the person; and
646	646	(B) direct campaign expenditures made by the
647	647	person.
648	648	SECTION 8. Subchapter D, Chapter 254, Election Code, is
649	649	amended by adding Section 254.0913 to read as follows:
650	650	Sec. 254.0913. ADDITIONAL CONTENTS OF REPORTS BY CERTAIN
651	651	OFFICEHOLDERS. In addition to the contents required by Sections
652	652	254.031, 254.091, and 254.0912, each report by the holder of an
653	653	office to which Subchapter G, Chapter 253, applies must include the
654	654	contents prescribed by Section 254.0613.
655	655	SECTION 9. Subchapter E, Chapter 254, Election Code, is
656	656	amended by adding Section 254.1213 to read as follows:
657	657	Sec. 254.1213. ADDITIONAL CONTENTS OF REPORTS OF CERTAIN
658	658	COMMITTEES. In addition to the contents required by Sections
659	659	254.031, 254.121, and 254.1212, each report by a specific-purpose
660	660	committee for supporting or opposing a candidate for or assisting a
661	661	holder of an office to which Subchapter G, Chapter 253, applies must
662	662	include the contents prescribed by Section 254.0613.
663	663	SECTION 10. (a) Subchapter G, Chapter 253, Election Code,
664	664	as added by this Act, applies only to a political contribution
665	665	accepted or a political expenditure made on or after September 1,
666	666	2009. A political contribution accepted or a political expenditure
667	667	made before September 1, 2009, is governed by the law in effect at
668	668	the time the contribution was accepted or the expenditure was made
669	669	and is not aggregated with political contributions accepted or
670	670	political expenditures made on or after that date.
671	671	(b) Sections 254.0613, 254.0913, and 254.1213, Election
672	672	Code, as added by this Act, apply to the reporting of a political
673	673	contribution accepted or political expenditure made on or after
674	674	September 1, 2009. The reporting of a political contribution
675	675	accepted or political expenditure made before September 1, 2009, is
676	676	governed by the law in effect at the time the contribution was
677	677	accepted or the expenditure was made.
678	678	(c) Notwithstanding Chapter 259, Election Code, as added by
679	679	this Act, a person who on September 1, 2009, held an office covered
680	680	by that chapter and who had unexpended political contributions may
681	681	use those contributions to make political expenditures for campaign
682	682	or officeholder purposes.
683	683	SECTION 11. This Act takes effect September 1, 2009.