HBA-RBT H.B. 10 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 10
By: Gallego
Judicial Affairs
4/20/1999
Introduced
BACKGROUND AND PURPOSE
Judges are charged with the task of objective interpretation of the laws of
our state, yet the present campaign finance system allows lawyers, who have
a vital interest in swaying judicial decisions, to donate large amounts of
money to their campaigns. Since law firms are the biggest donors to
judicial campaigns, their money can have a large impact on the make-up of
the entire court. The vulnerabilities of our present system have even
drawn national attention. The CBS news magazine 60 Minutes investigated
the election of Texas judges in 1987 and again last fall in a story
entitled "Is Justice for Sale?" The reporter, Mike Wallace, drew the
conclusion that despite contribution limits, the present system remains
vulnerable to abuse.
H.B. 10, proposes to utilize a $200 lawyer occupation fee already imposed
by the state. The fee generates about $9 million a year, which would be
divided equally among qualified judicial candidates. To qualify, candidates
would have to prove their viability by raising at least $30,000 from
supporters, with no individual contribution exceeding $100. Candidates
could opt out of the public finance program, but they would not be allowed
to accept donations from lawyers or law firms. Another goal of the bill is
to eliminate the partisan nature of judicial campaigns. Texas is one of
only 8 states that allows judges to campaign using party labels. These
party affiliations can further cloud the objectivity required for the
careful interpretation of the Texas law.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Ethics Commission in SECTION
2.01 (Section 259.052, Election Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1. NONPARTISAN ELECTIONS FOR STATEWIDE
JUDICIAL OFFICE
SECTION 1.01. Amends the Election Code by adding Title 17, as follows:
TITLE 17. NONPARTISAN ELECTIONS FOR STATEWIDE
JUDICIAL OFFICE
CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
Sec. 291.001. APPLICABILITY OF CHAPTER. Provides that this chapter
applies only to the offices of chief justice and justice, supreme court,
and presiding judge and judge, court of criminal appeals. Provides that a
justice or judge is subject to nonpartisan election in accordance with this
chapter at the last nonpartisan judicial general election to be held before
the date the justice's or judge's term expires.
Sec. 291.002. PARTY NOMINATION PROHIBITED. Prohibits nomination for a
nonpartisan judicial office by a political party.
Sec. 291.003. APPLICABILITY OF OTHER PARTS OF CODE. Provides that other
titles of this code apply to a nonpartisan judicial election except
provisions that are inconsistent with this title or that cannot feasiblely
be applied in a nonpartisan judicial election.
Sec. 291.004. ADDITIONAL PROCEDURES. Requires the secretary of state to
prescribe any additional procedures necessary for the orderly and proper
administration of elections held under this chapter.
SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
Sec. 291.021. APPLICATION REQUIRED. Provides that to be entitled to a
place on the nonpartisan judicial election ballot, a candidate must make an
application for a place on the ballot. Provides that an application must
be accompanied by the appropriate filing fee or a petition that satisfies
the requirements to validate petitions. Sets forth that an application
filed by mail is considered to be filed at the time of its receipt by the
secretary of state. Authorizes a person to state on the application the
person's party affiliation. Provides that a person is affiliated with the
party in whose primary election the person last voted.
Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. Provides that an
application for a place on the nonpartisan judicial election ballot must be
filed with the secretary of state.
Sec. 291.023. REGULAR FILING DEADLINE. Provides that an application for
a place on the nonpartisan judicial election ballot must be filed by 5 p.m.
of the 120th day before election day, except as provided by Sections
291.053 and 202.008, Election Code. Prohibits an application from being
filed earlier than the 30th day before the date of the regular filing
deadline.
Sec. 291.024. FILING FEE. Provides that the filing fee for a nonpartisan
judicial candidate is $3,000. Requires the secretary of state to deposit
filing fees received in the state treasury to the credit of the general
revenue fund.
Sec. 291.025. NUMBER OF PETITION SIGNATURES REQUIRED. Provides that the
petition required by Section 291.021 must be signed by at least 5,000
registered voters in this state.
Sec. 291.026. STATEMENT ON PETITION. Sets for the statement which must
appear at the top of each page of a petition to be filed under Section
291.021.
Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON NONPARTISAN
JUDICIAL GENERAL ELECTION BALLOT. Requires the secretary of state to
certify in writing for placement on the nonpartisan judicial general
election ballot the name of each candidate who files with the secretary an
application that complies with Section 291.021. Requires the secretary of
state to deliver the certification to the authority responsible for having
the official ballot prepared in each county in which the candidate's name
is to appear on the ballot at least 55 days before the election. Prohibits
certification of a candidate's name if, before delivering the
certification, the secretary of state learns that the name is to be omitted
from the ballot under Section 291.054 or for an office for which the
candidate's application is invalid under Section 141.033 (Filing
Applications For More Than One Office Prohibited).
SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
OF CANDIDATE
Sec. 291.051. WITHDRAWAL, DEATH OR INELIGIBILITY GENERALLY. Provides
that, to the extent of any conflict, this subchapter supersedes Subchapter
A (General Provisions), Chapter 145, with respect to withdrawal, death, or
ineligibility of a candidate in a nonpartisan judicial election.
Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL ELECTION.
Prohibits a candidate from withdrawing from the nonpartisan judicial
general election within 65 days of the election date. Provides that a
withdrawal request must be filed with the secretary of state.
Sec. 291.053. EXTENDED FILING DEADLINE. Provides that the deadline for
filing an application for a place on the nonpartisan judicial general
election ballot is extended under specified conditions. Provides that an
application for an office sought by a withdrawn, deceased or ineligible
candidate must be filed by 5 p.m. of the 60th day before election day.
Requires notice of an extended filing to be given in the same manner as
provided under Section 172.055 (Public Notice of Extended Filing), Election
Code, if the deadline for filing applications is extended.
Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED
FROM NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. Requires a candidate's
name to be omitted from the nonpartisan judicial general election ballot if
the candidate withdraws, dies, or is declared ineligible on or before the
65th day before the election day.
Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON
NONPARTISAN JUDICIAL GENERAL ELECTION BALL0T. Requires a candidate's name
to remain on the ballot if the candidate has made an application for a
place on the nonpartisan judicial general election ballot that complies
with the applicable requirements and the candidate dies or is declared
ineligible after the 65th day before election day.
SUBCHAPTER D. CONDUCT OF ELECTION
Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. Requires the
nonpartisan judicial offices and candidates to be listed as a separate
ballot on the general election ballot following the partisan offices under
the heading "Election For Nonpartisan Judicial Offices."
Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN JUDICIAL
ELECTION. Requires the nonpartisan judicial election to be conducted and
the results canvassed, tabulated, and reported in the manner applicable to
partisan offices in the general election for state and county officers,
except as otherwise provided by this code.
SECTION 1.02. Amends Section 1.005, Election Code, by amending Subdivision
(9), and by adding Subdivisions (25) and (26), to redefine "independent
candidate," and define "nonpartisan judicial candidate" and "nonpartisan
judicial election."
SECTION 1.03. Amends Section 41.002, Election Code, to include nonpartisan
judicial general election in the list of elections which are required to be
held on the first Tuesday after the first Monday in November in
even-numbered years.
SECTION 1.04. Amends Section 52.092, Election Code, by amending
Subsections (a), (c), and (g)(j), and by adding Subsection (k) and (l), to
establish the order of candidates at the general election for state and
county officers, including the nonpartisan judicial election. Requires the
secretary of state to assign a place number to each position to be filled
at the nonpartisan judicial election and general election for state and
county officers for each full or unexpired term in those offices.
Redesignates Subsections (g), (h), (i), and (j), to (h), (i), (k), and (l).
Makes conforming and nonsubstantive changes.
SECTION 1.05. Amends Section 141.001(a), Election Code, to make a
conforming change.
SECTION 1.06. Amends Section 145.003(b), Election Code, to make conforming
changes.
SECTION 1.07. Amends Section 145.005(a), Election Code, to make a
nonsubstantive change.
SECTION 1.08. Amends Section 146.021, Election Code, to make a conforming
change.
SECTION 1.09. Amends Chapter 202, Election Code, by amending Section
202.002, and by adding Section 202.008, as follows:
Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. Makes conforming and
nonsubstantive changes.
Sec. 202.008. FILING DEADLINE FOR APPLICATION OF NONPARTISAN JUDICIAL
CANDIDATE. Provides that if a vacancy in a nonpartisan judicial office
occurs on or before the 10th day before the date of the regular deadline
for filing an application for a place on the nonpartisan judicial general
election ballot, an application for the unexpired therm must be filed by
the regular filing deadline. Provides that if the vacancy occurs after the
10th day before the date of the regular filing deadline, an application for
the unexpired term must be filed not later than 5 p.m. of the 15th day
after the date the vacancy occurs or 5 p.m. of the 60th day before election
day, whichever is earlier. Provides that the filing fee and petition
requirements for a candidate for an unexpired term are the same as for a
candidate for a full term.
SECTION 1.10. Provides that each justice or judge holding a statewide
judicial office on September 1, 1999, unless otherwise removed as provided
by law, continues in office for the term to which elected or for the period
for which appointed.
ARTICLE 2. CAMPAIGN FINANCE FOR STATEWIDE JUDICIAL OFFICE
SECTION 2.01. Amends Title 15, Election Code, by adding Chapter 259, as
follows:
CHAPTER 259. PUBLIC FINANCING OF STATEWIDE JUDICIAL CAMPAIGNS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 259.001. APPLICABILITY OF CHAPTER. Sets forth that this chapter
applies only to the offices of chief justice and justice, supreme court,
and presiding judge and judge, court of criminal appeals.
Sec. 259.002. DEFINITION. Defines "fund."
Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. Provides that by
accepting money from the fund a candidate agrees to not accept political
contributions not authorized by this chapter.
SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
Sec. 259.011. REQUIREMENTS FOR ELIGIBILITY GENERALLY. Sets forth the
requirements for the petition and contribution requirements for eligibility
to receive public financing under this chapter.
Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY ELIGIBLE.
Requires the secretary of state to certify to the Texas Ethics Commission
(commission), by the fifth day after the date an application for a place on
the nonpartisan judicial election ballot is required to be filed, each
person who is a candidate for an office covered by this chapter as
conditionally eligible for public financing. Requires the secretary to
certify the candidate in writing to the commission as conditionally
eligible for public financing by the fifth day after the secretary of state
certifies a candidate for placement on the list of write-in candidates as a
candidate for an office covered by this chapter. Requires the secretary of
state to deliver a copy of a certification under this section to the
affected candidate.
Sec. 259.013. PETITION REQUIREMENTS. Provides that a petition in
connection with a request for public financing must be signed by at least
1,000 registered voters in this state, at least 500 of whom are licensed to
practice law in this state. Provides that no more than 20 percent of the
signers may be residents of the same county. Prohibits a person from
signing a petition for more than one candidate for the same office.
Provides that the signatures of persons who are licensed to practice law in
this state must be on sheets that are separate from the signatures of other
persons and be accompanied by the person's State Bar of Texas registration
number. Provides that a person who signs a petition under this section
must make a political contribution to the candidate of at least $5, and not
more than $100, by cash or check. Provides that a candidate requesting
public funding under this chapter must file the petition with the
commission by the applicable deadline for filing an application for a place
on the nonpartisan judicial election ballot or a declaration of write-in
candidacy. Provides that the circulation of a petition to be filed under
this subchapter in connection with a candidate's request for public
financing does not constitute candidacy or an announcement of candidacy for
purposes of the automatic resignation provisions of Section 65, Article
XVI, or Section 11, Article XI, Texas Constitution.
Sec. 259.014. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) Provides that a
candidate for an office covered by this chapter must accept and receive at
least $30,000 during specified periods.
(b) Provides that a political contribution under this section must be in
the form of cash or a check.
(c) Requires a candidate who received more that $30,000 in political
contributions s under this section to deliver to the commission an amount
equal to the amount of contributions received over $30,000. Requires the
commission to deliver money received under this subsection to the
comptroller for deposit in the fund.
(d) Requires a candidate who is requesting public financing and who accepts
a political contribution under this section but who does not receive the
contribution until after the date prescribed by Subsection (a) to return
the contribution to the contributor within five days of receiving the
contribution.
(e) Provides that Section 253.1571, Election Code, does not apply to a
political contribution accepted under this section.
Sec. 259.015. CERTIFICATION OF CANDIDATE AS ELIGIBLE. Requires the
commission, within 5 days of the date the commission determines a candidate
is eligible, to certify to the comptroller as eligible for public financing
each candidate who is certified to the commission as conditionally eligible
and meets the requirements prescribed by Section 259.011. Provides that a
determination as to whether a candidate meets the requirements prescribed
by Section 259.014 must be based on reports of political contributions and
expenditures filed under Chapter 254. Provides that the commission is not
required to make a determination as to whether a candidate is eligible
until the candidate makes a written request for a determination. Requires
the commission to make a determination within a specified time frame.
Requires the commission to deliver a copy of a certification under this
section to the affected candidate.
Sec. 259.016. VERIFICATION OF PETITION. Provides that the commission is
not required to verify a petition unless a person alleges to the commission
in writing that the petition does not meet the prescribed requirements.
Requires the commission to verify a petition as promptly as possible after
receiving an allegation under Subsection (a). Prohibits the commission
from certifying the candidate to the comptroller as eligible for public
financing pending verification of the petition. Requires a voter registrar
to verify the voter registration status of a signer of a petition on
request of the commission. Requires the State Bar of Texas to verify th
membership status os a signer of a petition filed with the commission who
the petition indicates is licensed to practice law in this state. Requires
the commission to certify a candidate to the comptroller as eligible for
public financing if the commission verifies the candidate's petition.
Requires the comptroller to distribute to the candidate from the fund any
money to which the candidate would have been entitled if the candidate had
been eligible during the period in which the verification was pending.
SUBCHAPTER C. JUDICIAL CAMPAIGN FINANCING FUND
Sec. 259.051. JUDICIAL CAMPAIGN FINANCING FUND. Provides that the
judicial campaign financing fund (fund) is in the state treasury. Sets
forth the amounts that make up the fund. Requires the comptroller, in
even-numbered years, to transfer to the fund the attorney occupation taxes,
not including penalties or interest, collected under Subchapter H
(Attorneys), Chapter 191, Tax Code, in that calendar year and the preceding
calendar year. Requires the comptroller to make the transfers as necessary
to permit the comptroller to make the distributions required by Section
259.053. Provides that for a person to be eligible to receive public
financing, the commission must certify to the comptroller that the person
is eligible as provided by Section 259.015. Authorizes money in the fund
to be used for preparation of a voter information pamphlet as provided by
Subchapter E.
Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. Requires the commission in
connection with each nonpartisan judicial election, at least 90 days before
an application for a place on the nonpartisan judicial election ballot is
required to be filed, to adopt rules prescribing the total amount of public
financing to which a candidate for an office covered by this chapter is
entitled. Requires the commission to determine the total amount of public
financing based on the comptroller's certification of the amount that will
be available and the secretary of state's estimation, of the number of
candidates for offices covered by this chapter. Requires the commission to
prescribe identical amounts for candidates for certain offices. Provides
that the rules must specify the amount of each monthly distribution from
the fund and prohibits the amount of any one month from being substantially
greater than any other month.
Sec. 259.053. DISTRIBUTIONS FROM FUND. Entitles a certified candidate to
a distribution from the fund each month during specified periods. Requires
the comptroller to distribute money to certified candidates as directed by
the commission. Requires the comptroller to determine the amount of
available money and distribute a pro rata share to each candidate if the
amount available is insufficient.
Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. Provides that
money accepted by a candidate from the fund is considered to be a campaign
contribution to the candidate, and the provisions of this title regulating
the use of political contributions apply to money accepted from the fund.
Prohibits a candidate from using money accepted from the fund only for
expenses related to the candidate's campaign for election and from making a
political contribution to another candidate or a political committee, and
if money from the fund is used in either of those ways, the candidate is
not eligible for any additional money from the fund, and is liable for a
civil penalty up to three times the amount of the money misused.
Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. Requires a candidate to
refund amounts accepted from the fund that have not been expended or
contractually obligated after the election. Requires the candidate to make
a refund to the comptroller within 30 days after the nonpartisan
judicial general election. Requires the comptroller to deposit refunds
received under this section to the credit of the fund. Provides that a
person who violates this section is liable for a civil penalty up to three
times the amount of money required to be refunded that was not refunded as
required by this section.
Sec. 259.056. WITHDRAWAL OR INELIGIBILITY OF CANDIDATE. Requires a
candidate who withdraws from an election or is declared ineligible to
refund amounts accepted from the fund that have not been expended or
contractually obligated. Requires the candidate to refund those amounts to
the comptroller not later than the 10th day after the date the candidate
withdraws or is declared ineligible. Requires the comptroller to deposit
refunds received under this section to the credit of the fund. Provides
that a person who violates this section is liable for a civil penalty not
to exceed three time the amount of money required to be refunded that was
not refunded as required by this section.
SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE
OF POLITICAL CONTRIBUTIONS
Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. Prohibits a
candidate or officeholder who accepts public financing or a
specific-purpose committee for supporting or opposing such a candidate or
assisting such an officeholder from accepting a political contribution in
connection with the office for which the candidate or officeholder accepted
public financing. Provides that a person who violates this section is
liable for a civil penalty not to exceed three times the amount of money
required to be refunded that was not refunded as required by this section.
Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE PROHIBITED. Prohibits
a candidate or officeholder who accepts public financing or a
specific-purpose committee for supporting or opposing such a candidate or
assisting such an officeholder from using a political contribution to make
a campaign expenditure for the office for which the candidate or
officeholder accepted public financing or to make an officeholder
expenditure in connection with that office if the contribution was accepted
while the candidate or officeholder was a candidate for an office other
than the office for which the candidate or officeholder accepted public
financing, or held an office other than the office for which the candidate
or officeholder accepted public financing or held an office other than the
office for which the candidate or officeholder accepted public financing,
unless the person had become a candidate for that office and the
contribution was accepted under Section 259.014. Provides that a person who
violates this section is liable for a civil penalty not to exceed three
times the amount of money required to be refunded that was not refunded as
required by this section.
Sec. 259.013. RESTRICTIONS NOT APPLICABLE TO CERTAIN OFFICEHOLDERS. (a)
Provides that Sections 259.101 and 259.102 do not apply to an officeholder
who accepted public financing and who seeks reelection to the office for
which the officeholder accepted public financing or election to another
office covered by this chapter if the officeholder files a written
statement with the commission that the officeholder will not request public
financing for the reelection or election.
(b) Provides that an officeholder who files such a statement is not
eligible for public financing for the reelection or election to which the
statement relates.
(c) Prohibits an officeholder who accepted public financing or a
specific-purpose committee for assisting such an officeholder as a
candidate from accepting a political contribution before the officeholder
files the statement.
(d) Provides that a person who violates Subsection (c) is liable for a
civil penalty not to exceed three times the amount of money required to be
refunded that was not refunded as required by this section.
Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER PURPOSES.
Authorizes an officeholder who accepted public financing to retain and use
for officeholder purposes the unexpended amount, in any, of political
contributions accepted under Section 259.013 or 259.014.
SUBCHAPTER E. VOTER INFORMATION PAMPHLET FOR
STATEWIDE JUDICIAL ELECTIONS
Sec. 259.131. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter
applies to each candidate certified as eligible for public financing.
Sec. 259.132. STATEMENT FILED BY CANDIDATE. Authorizes a candidate for
an office covered by this subchapter to file an informational statement
with the secretary of state. Sets forth the time deadlines, form
requirements and purpose.
Sec. 259.133. STATEMENT REQUIREMENTS. Sets forth information that must
be included in the statement. Prohibits any indication of the candidate's
party affiliation. Requires the secretary of state to prescribe the format
and length of the candidate's statement.
Sec. 259.134. REVIEW BY SECRETARY OF STATE. Requires the secretary of
state to review the statement to determine whether it complies with this
subchapter within certain time deadlines. Requires the secretary to reject
the statement if the secretary determines that the statement does not
comply with the applicable requirements. Requires delivery of written
notice of the reason for the rejection within certain time deadlines.
Authorizes a candidate whose statement is rejected to resubmit the
statement subject to the prescribed deadline.
Sec. 259.135. PREPARATION OF PAMPHLET. Requires the secretary of state
to contract for the preparation and printing of the voter information
pamphlet after soliciting bids for that work. Authorizes the secretary to
prepare or print the pamphlet if the secretary determines that the costs of
that preparation or printing are less than or equal to the most reasonable
bid submitted. Provides that the pamphlet must include each statement that
complies with this subchapter and is filed by a candidate the commission
has certified as eligible for public financing. Provides that candidates
whose names will appear on the ballot and write-in candidates must be shown
in separate groups. Provides that the order of the candidates' names
within the groups is determined by a drawing conducted by the secretary of
state. Requires the secretary of state to prescribe appropriate
explanatory material to be included in the pamphlet to assist the voters,
including a statement that the pamphlet may be used at the polls to assist
the voters in marking their ballots.
Sec. 259.136. DISTRIBUTION OF PAMPHLET. Requires the secretary of state
to mail the voter information pamphlet to each household in this state in
which a registered voter resides at least 45 days before the date of each
nonpartisan judicial general election.
Sec. 259.137. ADDITIONAL PROCEDURES. Requires the secretary of state to
prescribe any additional procedures necessary to implement this subchapter.
SECTION 2.02. Amends Section 253.127, Election Code, as amended by
Chapters 479 and 552, Acts of the 75th legislature, Regular Session , 1997,
by amending Subsections (a) and (e), and adding Subsection (f), to prohibit
an officeholder, rather than a specific-purpose committee, from accepting a
political contribution over $50 from a person that is a law firm. Provides
that this section does not apply to contributions made to a candidate for
or holder of a statewide judicial office, or to a specific-purpose
committee for supporting or opposing such a candidate or assisting such an
officeholder. Makes conforming and nonsubstantive changes.
SECTION 2.03. Amends Subchapter F, Chapter 253, Election Code, by adding
Section 253.1571, as follows:
Sec. 253.1571. CERTAIN CONTRIBUTIONS IN CONNECTION WITH STATEWIDE
JUDICIAL OFFICE PROHIBITED. Prohibits a candidate or holder of a statewide
judicial office from knowingly accepting a political contribution from
specified persons and committees. Provides that a person who violates this
section commits Class A misdemeanor. Defines "law firm."
SECTION 2.04. Amends Section 253.158(a), Election Code, to include Section
253.1571, among the statutes which provide that a contribution by the
spouse or child of an individual is considered to be a contribution by the
individual.
SECTION 2.05. Amends Section 253.159 and 253.1601, Election Code, as
follows:
Sec. 253.159. New title: EXCEPTION TO CONTRIBUTION LIMITS AND
RESTRICTIONS. Includes Section 253.1571, among the statutes which do not
apply to an individual that is related to the candidate or officeholder
within the second degree of consanguinity.
Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
CONTRIBUTION TO CANDIDATE. Includes Section 253.1571 among the statutes
which provide that a contribution to a specific-purpose committee for the
purpose of supporting a judicial candidate, opposing the candidate's
opponent, or assisting the candidate as an officeholder is considered to be
a contribution to the candidate.
SECTION 2.06. Makes application of Sections 253.157 and 253.1571,
Election Code, of this Act prospective.
Authorizes the use of unexpended political contributions
held on the effective
date of this Act.
ARTICLE 3. CONFLICT WITH OTHER ACTS; EFFECTIVE DATE; EMERGENCY
SECTION 3.01. Provides that this Act prevails over another Act of the 76th
Legislature, Regular Session, 1999, relating to nonsubstantive additions
and corrections in enacted codes.
SECTION 3.02. Emergency clause.
Effective date: upon passage.