Texas 2019 - 86th Regular

Texas House Bill HB3233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3233
	1	+	By: Klick, et al. (Senate Sponsor - Fallon) H.B. No. 3233
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 16, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 16, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the Judicial Campaign Fairness Act.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 253.152, Election Code, is amended to
8	14		read as follows:
9	15		Sec. 253.152. DEFINITIONS. In this subchapter:
10	16		(1) "Child" means a person under 18 years of age who is
11	17		not and has not been married or who has not had the disabilities of
12	18		minority removed for general purposes ["Complying candidate" or
13	19		"complying officeholder" means a judicial candidate who files a
14	20		declaration of compliance under Section 253.164(a)(1)].
15	21		(2) "In connection with an election" means:
16	22		(A) with regard to a contribution that is
17	23		designated in writing for a particular election, the election
18	24		designated; or
19	25		(B) with regard to a contribution that is not
20	26		designated in writing for a particular election [or that is
21	27		designated as an officeholder contribution], the next election for
22	28		that office occurring after the contribution is made.
23	29		(3) "Judicial district" means the territory from which
24	30		a judicial candidate is elected or appointed.
25	31		(4) "Law firm" means a partnership, limited liability
26	32		partnership, limited liability company, professional corporation,
27	33		or other entity organized for the practice of law.
28	34		(5) "Law firm group" means:
29	35		(A) a law firm;
30	36		(B) a general-purpose committee established or
31	37		controlled by the law firm or a member of the law firm;
32	38		(C) a member of the law firm; and
33	39		(D) the spouse of a member of the law firm.
34	40		(6) "Member of a law firm" means:
35	41		(A) a person designated "of counsel" or "of the
36	42		firm";
37	43		(B) a partner of the law firm, whether an
38	44		individual or an entity;
39	45		(C) an associate of the law firm;
40	46		(D) a shareholder of the law firm, whether an
41	47		individual or an entity; or
42	48		(E) an employee of the law firm ["Noncomplying
43	49		candidate" means a judicial candidate who:
44	50		[(A) files a declaration of intent to exceed the
45	51		limits on expenditures under Section 253.164(a)(2);
46	52		[(B) files a declaration of compliance under
47	53		Section 253.164(a)(1) but later exceeds the limits on expenditures;
48	54		[(C) fails to file a declaration of compliance
49	55		under Section 253.164(a)(1) or a declaration of intent under
50	56		Section 253.164(a)(2); or
51	57		[(D) violates Section 253.173 or 253.174].
52	58		(7) [(5)] "Statewide judicial office" means the
53	59		office of chief justice or justice, supreme court, or presiding
54	60		judge or judge, court of criminal appeals.
55	61		SECTION 2. The heading to Section 253.1541, Election Code,
56	62		is amended to read as follows:
57	63		Sec. 253.1541. ACCEPTANCE OF POLITICAL [OFFICEHOLDER]
58	64		CONTRIBUTIONS BY PERSON APPOINTED TO FILL VACANCY.
59	65		SECTION 3. Section 253.1541(b), Election Code, is amended
60	66		to read as follows:
61	67		(b) Notwithstanding Section 253.153, a person to whom this
62	68		section applies may accept political [officeholder] contributions
63	69		beginning on the date the person assumes the duties of office and
64	70		ending on the 60th day after that date.
65	71		SECTION 4. Section 253.155, Election Code, is amended by
66	72		amending Subsections (a), (b), and (e) and adding Subsection (d-1)
67	73		to read as follows:
68	74		(a) A [Subject to Section 253.1621, a] judicial candidate or
69	75		officeholder may not[, except as provided by Subsection (c),]
70	76		knowingly accept political contributions from a person that, in the
71	77		aggregate, exceed the contribution limits prescribed by Subsection
72	78		(b) in connection with each election in which the judicial
73	79		candidate's name appears on the ballot [person is involved].
74	80		(b) The contribution limits under this section are:
75	81		(1) for a statewide judicial office, $5,000; or
76	82		(2) for any other judicial office:
77	83		(A) $1,000, if the population of the judicial
78	84		district is less than 250,000;
79	85		(B) $2,500, if the population of the judicial
80	86		district is 250,000 to one million; or
81	87		(C) $5,000, if the population of the judicial
82	88		district is more than one million.
83	89		(d-1) In addition to the contribution limits imposed on each
84	90		contributor under this section, a judicial candidate or
85	91		officeholder may not accept a political contribution in excess of
86	92		$50 from a person if:
87	93		(1) the person is part of a law firm group; and
88	94		(2) the contribution, when aggregated with all
89	95		political contributions accepted by the candidate or officeholder
90	96		from the same law firm group in connection with the election, would
91	97		exceed six times the applicable contribution limit under this
92	98		section.
93	99		(e) A person who receives a political contribution that
94	100		violates this section [Subsection (a)] shall return the
95	101		contribution to the contributor not later than the later of:
96	102		(1) the last day of the reporting period in which the
97	103		contribution is received; or
98	104		(2) the fifth day after the date the contribution is
99	105		received.
100	106		SECTION 5. The heading to Section 253.157, Election Code,
101	107		is amended to read as follows:
102	108		Sec. 253.157. LIMIT ON CONTRIBUTION BY [LAW FIRM OR MEMBER
103	109		OR] GENERAL-PURPOSE COMMITTEES [COMMITTEE OF LAW FIRM].
104	110		SECTION 6. Section 253.157, Election Code, is amended by
105	111		adding Subsections (a-1) and (a-2) and amending Subsections (b) and
106	112		(c) to read as follows:
107	113		(a-1) A judicial candidate or officeholder may not
108	114		knowingly accept political contributions from a general-purpose
109	115		committee that, in the aggregate, exceed the contribution limits
110	116		prescribed by this subsection in connection with an election in
111	117		which the judicial candidate's name appears on the ballot. The
112	118		contribution limits under this subsection are:
113	119		(1) for a statewide judicial office, $25,000; or
114	120		(2) for any other judicial office, $5,000.
115	121		(a-2) In addition to the contribution limits imposed on each
116	122		contribution in Subsection (a-1), a judicial candidate or
117	123		officeholder may not accept a political contribution in excess of
118	124		$50 from a general-purpose committee if the contribution, when
119	125		aggregated with all political contributions from all
120	126		general-purpose committees in connection with an election, would
121	127		exceed:
122	128		(1) for a statewide judicial office, $300,000;
123	129		(2) for the office of chief justice or justice, court
124	130		of appeals:
125	131		(A) $75,000, if the population of the judicial
126	132		district is more than one million; or
127	133		(B) $52,500, if the population of the judicial
128	134		district is one million or less; or
129	135		(3) for an office other than an office included under
130	136		Subdivision (1) or (2):
131	137		(A) $52,500, if the population of the judicial
132	138		district is more than one million;
133	139		(B) $30,000, if the population of the judicial
134	140		district is 250,000 to one million; or
135	141		(C) $15,000, if the population of the judicial
136	142		district is less than 250,000.
137	143		(b) A person who receives a political contribution that
138	144		violates this section [Subsection (a)] shall return the
139	145		contribution to the contributor not later than the later of:
140	146		(1) the last day of the reporting period in which the
141	147		contribution is received; or
142	148		(2) the fifth day after the date the contribution is
143	149		received.
144	150		(c) A person who violates this section [fails to return a
145	151		political contribution as required by Subsection (b)] is liable for
146	152		a civil penalty not to exceed three times the [total] amount of the
147	153		political contributions accepted in violation of this section [from
148	154		the law firm, members of the law firm, or general-purpose
149	155		committees established or controlled by the law firm in connection
150	156		with the election].
151	157		SECTION 7. Sections 253.158, 253.159, and 253.1601,
152	158		Election Code, are amended to read as follows:
153	159		Sec. 253.158. CONTRIBUTION BY SPOUSE OR CHILD [CONSIDERED
154	160		TO BE CONTRIBUTION BY INDIVIDUAL]. (a) For purposes of this
155	161		subchapter [Sections 253.155 and 253.157], a contribution by the
156	162		spouse [or child] of an individual is not considered to be a
157	163		contribution by the individual.
158	164		(b) For purposes of this subchapter, a contribution by a
159	165		child of an individual is considered to be a contribution by the
160	166		individual [In this section, "child" means a person under 18 years
161	167		of age who is not and has not been married or who has not had the
162	168		disabilities of minority removed for general purposes].
163	169		Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS. Section
164	170		[Sections] 253.155 does [and 253.157 do] not apply to an individual
165	171		who is related to the candidate or officeholder within the second
166	172		degree by consanguinity, as determined under Subchapter B, Chapter
167	173		573, Government Code.
168	174		Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES
169	175		CONSIDERED CONTRIBUTION TO CANDIDATE OR OFFICEHOLDER. For purposes
170	176		of Sections 253.155 and[,] 253.157, [and 253.160,] a contribution
171	177		to a specific-purpose committee for the purpose of supporting a
172	178		judicial candidate, opposing the candidate's opponent, or
173	179		assisting a judicial [the candidate as an] officeholder is
174	180		considered to be a contribution to the candidate or officeholder.
175	181		SECTION 8. Sections 253.161(a) and (b), Election Code, are
176	182		amended to read as follows:
177	183		(a) A judicial candidate or officeholder, a
178	184		specific-purpose committee for supporting or opposing a judicial
179	185		candidate, or a specific-purpose committee for assisting a judicial
180	186		officeholder may not use a political contribution to make a
181	187		campaign expenditure for judicial office or to make an officeholder
182	188		expenditure in connection with a judicial office if the
183	189		contribution was accepted while the candidate or officeholder:
184	190		(1) was a candidate for an office other than a judicial
185	191		office; or
186	192		(2) held an office other than a judicial office,
187	193		unless the person had become a candidate for judicial office and the
188	194		contribution was made in connection with an election for judicial
189	195		office.
190	196		(b) A candidate, officeholder, or specific-purpose
191	197		committee for supporting, opposing, or assisting the candidate or
192	198		officeholder may not use a political contribution to make a
193	199		campaign expenditure for an office other than a judicial office or
194	200		to make an officeholder expenditure in connection with an office
195	201		other than a judicial office if the contribution was accepted while
196	202		the candidate or officeholder:
197	203		(1) was a candidate for a judicial office; or
198	204		(2) held a judicial office, unless the person had
199	205		become a candidate for another office and the contribution was made
200	206		in connection with an election for nonjudicial office.
201	207		SECTION 9. Subchapter F, Chapter 253, Election Code, is
202	208		amended by adding Section 253.1612 to read as follows:
203	209		Sec. 253.1612. CERTAIN CAMPAIGN ACTIVITIES AUTHORIZED. The
204	210		Code of Judicial Conduct may not prohibit, and a judicial candidate
205	211		may not be penalized for, a joint campaign activity conducted by two
206	212		or more judicial candidates.
207	213		SECTION 10. Sections 253.162(a) and (c), Election Code, are
208	214		amended to read as follows:
209	215		(a) A [Subject to Section 253.1621, a] judicial candidate or
210	216		officeholder who makes political expenditures from the person's
211	217		personal funds or who accepts one or more political contributions
212	218		in the form of a loan, including an extension of credit or guarantee
213	219		of a loan or extension of credit, from one or more persons related
214	220		to the candidate or officeholder within the second degree of
215	221		affinity or consanguinity, as determined under Subchapter B,
216	222		Chapter 573, Government Code, may not reimburse those [the]
217	223		personal funds or repay those loans from political contributions in
218	224		amounts that in the aggregate exceed, for each election in which the
219	225		person's name appears on the ballot:
220	226		(1) for a statewide judicial office, $100,000; or
221	227		(2) for an office other than a statewide judicial
222	228		office, five times the applicable contribution limit under Section
223	229		253.155.
224	230		(c) A person who is both a candidate and an officeholder may
225	231		reimburse the person's personal funds in only [in] one capacity.
226	232		SECTION 11. Section 253.1621, Election Code, is amended to
227	233		read as follows:
228	234		Sec. 253.1621. APPLICATION OF CONTRIBUTION AND
229	235		REIMBURSEMENT LIMITS TO CERTAIN CANDIDATES. (a) For purposes of
230	236		the [a] contribution limits [limit] prescribed by Section 253.155
231	237		or[,] 253.157[, or 253.160] and the limit on reimbursement of
232	238		personal funds and repayment of certain loans prescribed by Section
233	239		253.162, the general and primary elections [election and general
234	240		election for state and county officers] are considered separate
235	241		elections for a candidate whose name appears on the ballot [to be a
236	242		single election in which a judicial candidate is involved if the
237	243		candidate:
238	244		[(1) is unopposed in the primary election; or
239	245		[(2) does not have an opponent in the general election
240	246		whose name is to appear on the ballot].
241	247		(b) For purposes of the [a candidate to whom Subsection (a)
242	248		applies, each applicable] contribution limits [limit] prescribed
243	249		by Sections [Section] 253.155 and[,] 253.157 and the limits on
244	250		reimbursement of personal funds and repayment of certain loans
245	251		prescribed by Section 253.162, a runoff election in which the
246	252		candidate's name is on the ballot is considered a separate
247	253		election[, or 253.160 is increased by 25 percent. A candidate who
248	254		accepts political contributions from a person that in the aggregate
249	255		exceed the applicable contribution limit prescribed by Section
250	256		253.155, 253.157, or 253.160 but that do not exceed the adjusted
251	257		limit as determined under this subsecton may use the amount of those
252	258		contributions that exceeds the limit prescribed by Section 253.155,
253	259		253.157, or 253.160 only for making an officeholder expenditure].
254	260		SECTION 12. The heading to Section 253.167, Election Code,
255	261		is amended to read as follows:
256	262		Sec. 253.167. CERTIFICATION OF POPULATION; NOTICE OF
257	263		CONTRIBUTION [AND EXPENDITURE] LIMITS.
258	264		SECTION 13. Section 253.167, Election Code, is amended by
259	265		amending Subsection (b) and adding Subsection (c) to read as
260	266		follows:
261	267		(b) Following certification of population under Subsection
262	268		(a), the commission or county clerk, as appropriate, shall make
263	269		available to each candidate for an office covered by this
264	270		subchapter written notice of the contribution [and expenditure]
265	271		limits applicable to the office the candidate seeks.
266	272		(c) The commission shall post the written certification
267	273		required by this section on the commission's Internet website.
268	274		SECTION 14. Section 253.171, Election Code, is amended to
269	275		read as follows:
270	276		Sec. 253.171. CONTRIBUTION FROM OR DIRECT CAMPAIGN
271	277		EXPENDITURE BY POLITICAL PARTY. A political expenditure
272	278		[(a) Except as provided by Subsection (b), a political
273	279		contribution to or a direct campaign expenditure on behalf of a
274	280		complying candidate] that is made by the principal political
275	281		committee of the state executive committee or a county executive
276	282		committee of a political party [is considered to be a political
277	283		expenditure by the candidate for purposes of the expenditure limits
278	284		prescribed by Section 253.168.
279	285		[(b) Subsection (a) does not apply to a political
280	286		expenditure] for a generic get-out-the-vote campaign or to create
281	287		and distribute [for] a written list of two or more candidates is not
282	288		considered a contribution to a judicial candidate who benefits from
283	289		the get-out-the-vote campaign or is included in the written list
284	290		and is not subject to the limits of Section 253.155 or 253.157 if
285	291		the get-out-the-vote campaign or written list [that]:
286	292		(1) identifies the party's candidates by name and
287	293		office sought, office held, or photograph;
288	294		(2) does not include any reference to the judicial
289	295		philosophy or positions on issues of the party's judicial
290	296		candidates; and
291	297		(3) is not broadcast, cablecast, published in a
292	298		newspaper or magazine, or placed on a billboard.
293	299		SECTION 15. Section 253.176(a), Election Code, is amended
294	300		to read as follows:
295	301		(a) The commission may impose a civil penalty against a
296	302		person as provided by this subchapter only after a formal hearing as
297	303		provided by Subchapter E, Chapter 571, Government Code.
298	304		SECTION 16. Section 254.0611(b), Election Code, is amended
299	305		to read as follows:
300	306		(b) In this section:
301	307		(1) "Child" and "law firm" have [has] the meanings
302	308		[meaning] assigned by Section 253.152 [253.158].
303	309		(2) "Member" has ["Law firm" and "member" have] the
304	310		meaning [meanings] assigned to "member of a law firm" by Section
305	311		253.152 [253.157].
306	312		SECTION 17. The following provisions of the Election Code
307	313		are repealed:
308	314		(1) Section 253.155(d);
309	315		(2) Sections 253.157(a), (d), and (e);
310	316		(3) Section 253.160;
311	317		(4) Section 253.161(c);
312	318		(5) Section 253.162(b);
313	319		(6) Sections 253.163, 253.164, 253.165, 253.166,
314	320		253.168, 253.169, 253.170, 253.172, 253.173, 253.174, and 253.175;
315	321		and
316	322		(7) Section 253.176(c).
317	323		SECTION 18. This Act takes effect immediately if it
318	324		receives a vote of two-thirds of all the members elected to each
319	325		house, as provided by Section 39, Article III, Texas Constitution.
320	326		If this Act does not receive the vote necessary for immediate
321	327		effect, this Act takes effect September 1, 2019.
322		-	______________________________ ______________________________
323		-	President of the Senate Speaker of the House
324		-	I certify that H.B. No. 3233 was passed by the House on May 3,
325		-	2019, by the following vote: Yeas 139, Nays 3, 1 present, not
326		-	voting.
327		-	______________________________
328		-	Chief Clerk of the House
329		-	I certify that H.B. No. 3233 was passed by the Senate on May
330		-	19, 2019, by the following vote: Yeas 31, Nays 0.
331		-	______________________________
332		-	Secretary of the Senate
333		-	APPROVED: _____________________
334		-	Date
335		-	_____________________
336		-	Governor
	328	+	* * * * *