Texas 2015 - 84th Regular

Texas House Bill HB1656 Compare Versions

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1	1	84R119 ATP-D
2	2	By: Anchia H.B. No. 1656
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public financing of campaigns for appellate judicial
8	8	offices; providing civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 15, Election Code, is amended by adding
11	11	Chapter 259 to read as follows:
12	12	CHAPTER 259. PUBLIC FINANCING OF CAMPAIGNS FOR
13	13	APPELLATE JUDICIAL OFFICES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter
16	16	applies only to the offices of:
17	17	(1) chief justice and justice, supreme court;
18	18	(2) presiding judge and judge, court of criminal
19	19	appeals; and
20	20	(3) chief justice and justice, court of appeals.
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; and
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, as if the petition
43	43	were a petition filed in connection with a candidate's application
44	44	for a place on the ballot; and
45	45	(B) Sections 259.013, 259.014, 259.015, and
46	46	259.016.
47	47	Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY
48	48	ELIGIBLE. (a) Not later than the 15th day after the date an
49	49	application for a place on the ballot is required to be filed, the
50	50	secretary of state shall certify in writing to the commission each
51	51	person who is a candidate for an office covered by this chapter as
52	52	conditionally eligible for public financing.
53	53	(b) Not later than the fifth day after the date the
54	54	secretary of state certifies a candidate for placement on the list
55	55	of write-in candidates as a candidate for an office covered by this
56	56	chapter, the secretary shall certify the candidate in writing to
57	57	the commission as conditionally eligible for public financing.
58	58	(c) The secretary of state shall deliver a copy of a
59	59	certification under this section to the affected candidate.
60	60	Sec. 259.013. CIRCULATION PERIOD FOR PETITION; HEADING AND
61	61	STATEMENT. (a) A petition under this subchapter may not be
62	62	circulated before the beginning of the applicable period prescribed
63	63	by Section 259.017(a).
64	64	(b) Each page of a petition under this subchapter must:
65	65	(1) be headed "Petition for Public Campaign Financing
66	66	for (Name of Candidate), a Candidate for (Name of Office Sought and
67	67	Place Number, if Applicable)."; and
68	68	(2) contain a statement just ahead of the signatures
69	69	of the petitioners, as follows: "I know that the purpose of this
70	70	petition is to enable (name of candidate) to receive public
71	71	financing in connection with (his or her) campaign for (name of
72	72	office sought and place number, if applicable)."
73	73	(c) The circulation of a petition to be filed under this
74	74	subchapter does not constitute candidacy or an announcement of
75	75	candidacy for purposes of the automatic resignation provisions of
76	76	Section 11, Article XI, or Section 65, Article XVI, Texas
77	77	Constitution.
78	78	Sec. 259.014. REQUIRED SIGNATURES FOR PETITION. (a) A
79	79	candidate's petition under this subchapter must be signed by at
80	80	least:
81	81	(1) 2,500 registered voters, if the candidate seeks a
82	82	statewide judicial office; or
83	83	(2) 1,000 registered voters of the court of appeals
84	84	district for which the candidate seeks the office of chief justice
85	85	or justice of a court of appeals.
86	86	(b) Not more than 20 percent of the required number of
87	87	signers may be residents of:
88	88	(1) the same county, if the candidate seeks a
89	89	statewide judicial office; or
90	90	(2) the same commissioners court precinct, if the
91	91	candidate seeks the office of chief justice or justice of a court of
92	92	appeals.
93	93	(c) A petition that violates Subsection (b) is not invalid
94	94	if the petition would otherwise be valid if the signatures of
95	95	residents of the same county or precinct, as applicable, in excess
96	96	of the applicable number specified by Subsection (b) were
97	97	disregarded.
98	98	(d) A person may not sign a petition under this subchapter
99	99	for more than one candidate for the same office. For purposes of
100	100	this subsection, each numbered place on an appellate court is a
101	101	separate office.
102	102	Sec. 259.015. REQUIRED POLITICAL CONTRIBUTIONS FROM
103	103	PETITION SIGNERS. (a) A person who signs a petition under this
104	104	subchapter must, at the time of signing, make a political
105	105	contribution to the candidate in the form of cash or a check of $5.
106	106	(b) A political contribution accepted under this section is
107	107	counted for purposes of Section 259.017.
108	108	Sec. 259.016. FILING OF PETITION. A candidate requesting
109	109	public financing under this chapter must file the petition with the
110	110	commission not later than the applicable deadline for filing an
111	111	application for a place on the ballot or a declaration of write-in
112	112	candidacy.
113	113	Sec. 259.017. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A
114	114	candidate seeking public financing under this chapter must accept
115	115	and receive at least the amount specified by Subsection (b) in
116	116	political contributions during the period:
117	117	(1) beginning on the 120th day before the date an
118	118	application for a place on the ballot or a declaration of write-in
119	119	candidacy, as applicable, is required to be filed; and
120	120	(2) ending on the fifth day before the date an
121	121	application for a place on the ballot or a declaration of write-in
122	122	candidacy, as applicable, is required to be filed.
123	123	(b) The required amount of campaign contributions is:
124	124	(1) $12,500, if the candidate seeks a statewide
125	125	judicial office; or
126	126	(2) $5,000 from residents of the court of appeals
127	127	district for which the candidate seeks the office of chief justice
128	128	or justice of a court of appeals.
129	129	(c) Not later than the fifth day after the date the
130	130	commission certifies a candidate as eligible for public financing
131	131	under Section 259.018, a candidate who received more in political
132	132	contributions under this section than the applicable amount under
133	133	Subsection (b) shall deliver to the commission an amount equal to
134	134	the difference between the amount of political contributions
135	135	received and the applicable amount under Subsection (b). The
136	136	commission shall deliver money received under this subsection to
137	137	the comptroller for deposit in the fund. A candidate who is not
138	138	certified as eligible for public financing is not required to
139	139	deliver excess political contributions to the commission under this
140	140	subsection.
141	141	(d) Notwithstanding Section 254.034, a candidate who is
142	142	requesting public financing and who accepts a political
143	143	contribution under this section but who does not receive the
144	144	contribution until after the applicable date prescribed by
145	145	Subsection (a)(2) shall return the contribution to the contributor
146	146	not later than the fifth day after the date the candidate receives
147	147	the contribution.
148	148	Sec. 259.018. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a)
149	149	Not later than the fifth day after the date the commission
150	150	determines a candidate is eligible, the commission shall certify to
151	151	the comptroller as eligible for public financing each candidate
152	152	who:
153	153	(1) meets the requirements prescribed by Section
154	154	259.011; and
155	155	(2) is certified to the commission as conditionally
156	156	eligible under Section 259.012.
157	157	(b) A determination as to whether a candidate meets the
158	158	requirements prescribed by Section 259.017 must be based on reports
159	159	of political contributions and expenditures filed under Chapter
160	160	254. The commission is not required to make a determination as to
161	161	whether a candidate is eligible until the candidate makes a written
162	162	request for a determination. The commission shall make a
163	163	determination not later than the 15th day after the later of:
164	164	(1) the date the commission receives the request for a
165	165	determination; or
166	166	(2) the date the candidate files a report under
167	167	Chapter 254 covering the period prescribed by Section 259.017.
168	168	(c) The commission shall deliver a copy of a certification
169	169	under this section to:
170	170	(1) the affected candidate; and
171	171	(2) each opponent of the affected candidate.
172	172	Sec. 259.019. VERIFICATION OF PETITION. (a) The
173	173	commission is not required to verify a petition filed under this
174	174	subchapter unless, not later than the 10th day after the date a
175	175	petition is required to be filed under Section 259.016, a person
176	176	alleges to the commission in writing that the petition does not meet
177	177	the requirements prescribed by this chapter.
178	178	(b) The commission shall verify a petition as promptly as
179	179	possible after receiving an allegation under Subsection (a).
180	180	Pending verification, the commission may not certify the candidate
181	181	to the comptroller as eligible for public financing.
182	182	(c) On request of the commission, a voter registrar shall
183	183	verify the voter registration status of a signer of a petition filed
184	184	with the commission who the petition indicates is registered or has
185	185	been approved for registration in the county served by the
186	186	registrar.
187	187	(d) If the commission verifies that the petition meets the
188	188	requirements prescribed by this chapter and the candidate is
189	189	eligible for public financing:
190	190	(1) the commission shall certify the candidate to the
191	191	comptroller as eligible for public financing; and
192	192	(2) the comptroller shall distribute to the candidate
193	193	from the fund any money to which the candidate would have been
194	194	entitled if the candidate had been eligible during the period in
195	195	which the verification was pending.
196	196	SUBCHAPTER C. CAMPAIGN FINANCING FUND
197	197	Sec. 259.051. CAMPAIGN FINANCING FUND. (a) The campaign
198	198	financing fund is in the state treasury.
199	199	(b) The fund consists of:
200	200	(1) amounts appropriated to the fund;
201	201	(2) amounts refunded to the fund under Section 259.055
202	202	or 259.056;
203	203	(3) amounts delivered to the commission under Section
204	204	259.017(c);
205	205	(4) amounts received by the commission or comptroller
206	206	as a gift or grant to the fund; and
207	207	(5) civil penalties collected by the commission for a
208	208	violation of this chapter or Section 253.155.
209	209	(c) For a person to be eligible to receive public financing,
210	210	the commission must certify to the comptroller that the person is
211	211	eligible as provided by Section 259.018.
212	212	(d) Money remaining in the fund at the end of an election
213	213	cycle is retained in the fund for the next election cycle. The
214	214	comptroller shall credit interest on money in the fund to the fund.
215	215	Money in the fund may be appropriated only for purposes of this
216	216	chapter.
217	217	Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In
218	218	connection with each general election for state and county
219	219	officers, the commission shall, not later than the 130th day before
220	220	the date an application for a place on the primary election ballot
221	221	is required to be filed, adopt rules prescribing the total amount of
222	222	public financing to which a candidate for an office covered by this
223	223	chapter whose name will appear on the ballot is entitled. The
224	224	commission shall determine the amount under this subsection based
225	225	on:
226	226	(1) the allocations prescribed by Subsections (b) and
227	227	(c);
228	228	(2) the comptroller's certified estimation as to the
229	229	amount that will be available in the fund for the calendar year in
230	230	which the election occurs;
231	231	(3) the secretary of state's estimation, based on
232	232	previous elections, of the number of candidates in each office
233	233	covered by this chapter who will be on the primary election ballot
234	234	or the general election ballot for that election; and
235	235	(4) the relative expense of a campaign for the office
236	236	the candidate seeks, considering the population and geographic size
237	237	of the office's jurisdiction and the price of advertising in that
238	238	jurisdiction.
239	239	(b) The commission shall prescribe amounts under Subsection
240	240	(a) to allocate:
241	241	(1) 25 percent to candidates for statewide judicial
242	242	office; and
243	243	(2) 75 percent to candidates for chief justice or
244	244	justice, court of appeals.
245	245	(c) The rules adopted under Subsection (a) must specify the
246	246	amount of each monthly distribution from the fund. The amount of a
247	247	monthly distribution made for January, February, or March must be
248	248	substantially greater than the amount of a monthly distribution
249	249	made for any other month.
250	250	Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified
251	251	candidate is entitled to a distribution from the fund for each month
252	252	that begins or ends during the period:
253	253	(1) beginning on the date an application for a place on
254	254	the ballot or a declaration of write-in candidacy, as applicable,
255	255	is required to be filed; and
256	256	(2) except as provided by Subsection (b), ending on
257	257	the 30th day after:
258	258	(A) the date an application for a place on the
259	259	ballot is required to be filed, if the candidate will not have an
260	260	opponent in the primary election or general election;
261	261	(B) the date of the primary election, if the
262	262	candidate has an opponent in the primary election and:
263	263	(i) will not have an opponent in the general
264	264	election; or
265	265	(ii) is not a candidate in the runoff
266	266	primary election or the general election;
267	267	(C) the date of the runoff primary election, if
268	268	the candidate is a candidate in that election and:
269	269	(i) will not have an opponent in the general
270	270	election; or
271	271	(ii) is not a candidate in the general
272	272	election; or
273	273	(D) the date of the general election.
274	274	(b) Notwithstanding Subsection (a)(2), after a person files
275	275	a declaration of write-in candidacy opposing a certified candidate
276	276	who would otherwise not have an opponent in the general election:
277	277	(1) the certified candidate is entitled to an amount
278	278	equal to 50 percent of each distribution from the fund scheduled to
279	279	be made after the date the candidate's opponent files the
280	280	declaration of write-in candidacy; and
281	281	(2) if the write-in candidate is certified as eligible
282	282	under Section 259.018, the write-in candidate is entitled to an
283	283	amount equal to 50 percent of each distribution from the fund
284	284	scheduled to be made after the date the candidate files the
285	285	declaration of write-in candidacy.
286	286	(c) The comptroller shall distribute money to certified
287	287	candidates as directed by the commission. If the amount in the fund
288	288	is insufficient to provide the amounts specified by rules adopted
289	289	under Section 259.052, the comptroller shall determine the amount
290	290	of available money and shall distribute the amount on a pro rata
291	291	basis.
292	292	Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a)
293	293	Money accepted by a candidate from the fund is considered to be a
294	294	campaign contribution to the candidate. Except as otherwise
295	295	provided by this chapter, the provisions of this title regulating
296	296	the use of political contributions apply to money accepted by a
297	297	candidate from the fund.
298	298	(b) A candidate may use money accepted from the fund only
299	299	for expenses related to the candidate's campaign for election. A
300	300	candidate may not use money accepted from the fund to make:
301	301	(1) a political contribution to another candidate, an
302	302	officeholder, or a political committee;
303	303	(2) a campaign expenditure in connection with an
304	304	office other than the office as to which the candidate accepted the
305	305	money; or
306	306	(3) an officeholder expenditure.
307	307	(c) A candidate who uses money from the fund in violation of
308	308	Subsection (b):
309	309	(1) is not eligible for any additional money from the
310	310	fund; and
311	311	(2) is liable for a civil penalty not to exceed three
312	312	times the amount of the money used in violation of Subsection (b).
313	313	Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) Following
314	314	the candidate's last election during the election cycle for which
315	315	public financing is accepted, a candidate shall refund to the
316	316	comptroller amounts accepted from the fund that have not been
317	317	expended or contractually obligated.
318	318	(b) A refund under this section must be made not later than
319	319	the 30th day after the date of:
320	320	(1) the primary election, if the candidate is not a
321	321	candidate in the runoff primary election or the general election;
322	322	(2) the runoff primary election, if the candidate is a
323	323	candidate in that election and is not a candidate in the general
324	324	election; or
325	325	(3) the general election.
326	326	(c) The comptroller shall deposit refunds received under
327	327	this section to the credit of the fund.
328	328	(d) A person who violates this section is liable for a civil
329	329	penalty not to exceed three times the amount of money required to be
330	330	refunded that was not refunded as required by this section.
331	331	Sec. 259.056. WITHDRAWAL, INELIGIBILITY, OR DEATH OF
332	332	CANDIDATE. (a) A candidate who withdraws from an election or is
333	333	declared ineligible shall refund to the comptroller amounts
334	334	accepted from the fund that have not been expended or contractually
335	335	obligated. The candidate shall refund those amounts not later than
336	336	the 10th day after the date the candidate withdraws or is declared
337	337	ineligible.
338	338	(b) The campaign treasurer of a candidate who dies shall
339	339	refund to the comptroller amounts accepted from the fund that have
340	340	not been expended or contractually obligated. The campaign
341	341	treasurer shall refund those amounts not later than the 30th day
342	342	after the date the candidate dies.
343	343	(c) The comptroller shall deposit refunds received under
344	344	this section to the credit of the fund.
345	345	(d) A person who violates this section is liable for a civil
346	346	penalty not to exceed three times the amount of money required to be
347	347	refunded that was not refunded as required by this section.
348	348	Sec. 259.057. DEPOSIT OF CIVIL PENALTIES. The comptroller
349	349	shall deposit a civil penalty collected by the commission for a
350	350	violation of this subchapter to the credit of the fund.
351	351	SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF POLITICAL
352	352	CONTRIBUTIONS
353	353	Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a)
354	354	Except as provided by Section 259.015, 259.017, or 259.103, a
355	355	candidate or officeholder who accepts public financing or a
356	356	specific-purpose committee for supporting such a candidate,
357	357	opposing such a candidate's opponent, or assisting such an
358	358	officeholder acting with the candidate's or officeholder's
359	359	authorization may not accept a political contribution in
360	360	connection with the office for which the candidate or officeholder
361	361	accepted public financing.
362	362	(b) A person who violates this section is liable for a civil
363	363	penalty not to exceed three times the amount of political
364	364	contributions used in violation of this section.
365	365	Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE
366	366	PROHIBITED. (a) Except as provided by Section 259.103, a candidate
367	367	or officeholder who accepts public financing or a specific-purpose
368	368	committee for supporting such a candidate, opposing such a
369	369	candidate's opponent, or assisting such an officeholder acting with
370	370	the candidate's or officeholder's authorization may not use a
371	371	political contribution to make a campaign expenditure for the
372	372	office for which the candidate or officeholder accepted public
373	373	financing or to make an officeholder expenditure in connection with
374	374	that office if the contribution was accepted while the candidate or
375	375	officeholder:
376	376	(1) was a candidate for an office other than the office
377	377	for which the candidate or officeholder accepted public financing;
378	378	or
379	379	(2) held an office other than the office for which the
380	380	candidate or officeholder accepted public financing, unless the
381	381	person had become a candidate for that office and the contribution
382	382	was accepted under Section 259.017.
383	383	(b) A person who violates this section is liable for a civil
384	384	penalty not to exceed three times the amount of political
385	385	contributions used in violation of this section.
386	386	Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN
387	387	OFFICEHOLDERS. (a) Sections 259.101 and 259.102 do not apply to an
388	388	officeholder who accepted public financing and who seeks reelection
389	389	to the office for which the officeholder accepted public financing
390	390	or election to another office covered by this chapter if the
391	391	officeholder files a written statement with the commission that the
392	392	officeholder will not request public financing for the reelection
393	393	or election.
394	394	(b) An officeholder who files a statement under Subsection
395	395	(a) is not eligible for public financing for the reelection or
396	396	election to which the statement relates.
397	397	(c) An officeholder who accepted public financing or a
398	398	specific-purpose committee for assisting such an officeholder or
399	399	for supporting such an officeholder as a candidate or opposing the
400	400	officeholder's opponent acting with the candidate's or
401	401	officeholder's authorization may not accept a political
402	402	contribution before the officeholder files a statement under
403	403	Subsection (a).
404	404	(d) A person who violates Subsection (c) is liable for a
405	405	civil penalty not to exceed three times the amount of political
406	406	contributions used in violation of Subsection (c).
407	407	Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER
408	408	PURPOSES. An officeholder who accepted public financing may retain
409	409	and use for officeholder purposes the unexpended amount, if any, of
410	410	political contributions accepted under Section 259.015 or 259.017.
411	411	Sec. 259.105. CERTAIN DIRECT CAMPAIGN EXPENDITURES
412	412	CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
413	413	259.101, a direct campaign expenditure is considered to be a
414	414	campaign contribution to a candidate if the expenditure is made
415	415	with the cooperation or prior consent of, in consultation with, or
416	416	at the suggestion of:
417	417	(1) the candidate;
418	418	(2) a specific-purpose committee for supporting the
419	419	candidate or opposing the candidate's opponent acting with the
420	420	candidate's authorization; or
421	421	(3) another person acting with the candidate's
422	422	knowledge and consent.
423	423	SUBCHAPTER E. VOTER INFORMATION PAMPHLET
424	424	Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter
425	425	applies to each candidate certified as eligible for public
426	426	financing.
427	427	Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than
428	428	the 80th day before the date of the general election, a candidate
429	429	for an office covered by this subchapter may file with the secretary
430	430	of state an informational statement, on a form prescribed by the
431	431	secretary, to be included in a voter information pamphlet for that
432	432	election.
433	433	Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's
434	434	statement must include a summary of the following information:
435	435	(1) current occupation;
436	436	(2) educational and occupational background;
437	437	(3) biographical information; and
438	438	(4) any previous experience serving in government.
439	439	(b) The secretary of state shall prescribe the format and
440	440	length of the candidate's statement.
441	441	Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later
442	442	than the fifth day after the date the candidate's statement is
443	443	received, the secretary of state shall review the statement to
444	444	determine whether it complies with Section 259.133.
445	445	(b) If the secretary of state determines that the statement
446	446	does not comply with Section 259.133, the secretary shall reject
447	447	the statement and deliver written notice of the reason for the
448	448	rejection to the candidate not later than the second day after the
449	449	date of rejection.
450	450	(c) A candidate whose statement is rejected may resubmit the
451	451	statement subject to the prescribed deadline.
452	452	Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary
453	453	of state shall contract for the preparation and printing of a voter
454	454	information pamphlet after soliciting bids for that work. The
455	455	secretary may prepare separate pamphlets for different regions of
456	456	the state, including in each pamphlet only statewide offices and
457	457	the offices to be voted on in the region if the secretary determines
458	458	that distributing multiple pamphlets is more economical than
459	459	distributing a single pamphlet for statewide use. The secretary
460	460	may prepare or print the pamphlet if the secretary determines that
461	461	the costs of that preparation or printing are less than or equal to
462	462	the most reasonable bid submitted.
463	463	(b) On the request of the secretary of state, the commission
464	464	shall direct the comptroller to transfer from the fund to the
465	465	secretary the money necessary for preparation of the pamphlet.
466	466	(c) The pamphlet must include each statement that complies
467	467	with Sections 259.132 and 259.133 and is filed by a candidate whom
468	468	the commission has certified as eligible for public financing.
469	469	Candidates whose names will appear on the ballot and write-in
470	470	candidates must be shown in separate groups. The order of the
471	471	candidates' names within the groups is determined by a drawing
472	472	conducted by the secretary of state. Candidates whose names will
473	473	appear on the ballot must be identified by party or as an
474	474	independent candidate, as applicable.
475	475	(d) The pamphlet must name each candidate for an office
476	476	covered by this chapter whom the commission has not certified as
477	477	eligible for public financing and must identify each such candidate
478	478	by party or as an independent or write-in candidate, as applicable.
479	479	The pamphlet may not contain any other information about a
480	480	candidate to whom this subsection applies.
481	481	(e) The secretary of state shall prescribe appropriate
482	482	explanatory material to be included in the pamphlet to assist the
483	483	voters, including:
484	484	(1) a statement that the pamphlet may be used at the
485	485	polls to assist the voters in marking their ballots; and
486	486	(2) a statement that candidates who are not eligible
487	487	for public financing are not entitled to submit a candidate's
488	488	statement for inclusion in the pamphlet.
489	489	Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the
490	490	45th day before the date of each general election, the secretary of
491	491	state shall mail the voter information pamphlet to each household
492	492	in this state in which a registered voter resides.
493	493	Sec. 259.137. ADDITIONAL PROCEDURES. The secretary of
494	494	state shall prescribe any additional procedures necessary to
495	495	implement this subchapter.
496	496	SECTION 2. Section 253.175(b), Election Code, is amended to
497	497	read as follows:
498	498	(b) The judicial campaign fairness fund consists of:
499	499	(1) penalties recovered under Section 253.176, other
500	500	than penalties for a violation of Section 253.155; and
501	501	(2) any gifts or grants received by the commission
502	502	under Subsection (e).
503	503	SECTION 3. Section 253.176, Election Code, is amended by
504	504	amending Subsection (c) and adding Subsection (d) to read as
505	505	follows:
506	506	(c) A penalty collected under this section shall be
507	507	deposited to the credit of the judicial campaign fairness fund,
508	508	except as provided by Subsection (d).
509	509	(d) A penalty collected under this section for a violation
510	510	of Section 253.155 shall be deposited to the credit of the campaign
511	511	financing fund established under Chapter 259.
512	512	SECTION 4. Notwithstanding Chapter 259, Election Code, as
513	513	added by this Act, a person who on September 1, 2015, held an office
514	514	covered by that chapter and who had unexpended political
515	515	contributions may use those contributions to make political
516	516	expenditures for campaign or officeholder purposes.
517	517	SECTION 5. This Act takes effect September 1, 2015.