Bill Text: TX HB1126 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to public financing of campaigns for appellate judicial offices; providing civil penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-20 - Referred to Elections [HB1126 Detail]
Download: Texas-2013-HB1126-Introduced.html
83R3695 ATP-F | ||
By: Anchia | H.B. No. 1126 |
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relating to public financing of campaigns for appellate judicial | ||
offices; providing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 15, Election Code, is amended by adding | ||
Chapter 259 to read as follows: | ||
CHAPTER 259. PUBLIC FINANCING OF CAMPAIGNS FOR | ||
APPELLATE JUDICIAL OFFICES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to the offices of: | ||
(1) chief justice and justice, supreme court; | ||
(2) presiding judge and judge, court of criminal | ||
appeals; and | ||
(3) chief justice and justice, court of appeals. | ||
Sec. 259.002. DEFINITIONS. In this chapter: | ||
(1) "Election cycle" means: | ||
(A) the general primary election, runoff primary | ||
election, if any, and general election for state and county | ||
officers; or | ||
(B) a special election and runoff election, if | ||
any. | ||
(2) "Fund" means the campaign financing fund | ||
established under Subchapter C. | ||
Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. 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. To be | ||
eligible to receive public financing under this chapter, a | ||
candidate must: | ||
(1) receive political contributions in the applicable | ||
amount and within the applicable period prescribed by Section | ||
259.017; and | ||
(2) file with the commission a petition that satisfies | ||
the applicable requirements prescribed by: | ||
(A) Subchapter C, Chapter 141, as if the petition | ||
were a petition filed in connection with a candidate's application | ||
for a place on the ballot; and | ||
(B) Sections 259.013, 259.014, 259.015, and | ||
259.016. | ||
Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY | ||
ELIGIBLE. (a) Not later than the 15th day after the date an | ||
application for a place on the ballot is required to be filed, the | ||
secretary of state shall certify in writing to the commission each | ||
person who is a candidate for an office covered by this chapter as | ||
conditionally eligible for public financing. | ||
(b) Not later than the fifth day after the date 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, the secretary shall certify the candidate in writing to | ||
the commission as conditionally eligible for public financing. | ||
(c) The secretary of state shall deliver a copy of a | ||
certification under this section to the affected candidate. | ||
Sec. 259.013. CIRCULATION PERIOD FOR PETITION; HEADING AND | ||
STATEMENT. (a) A petition under this subchapter may not be | ||
circulated before the beginning of the applicable period prescribed | ||
by Section 259.017(a). | ||
(b) Each page of a petition under this subchapter must: | ||
(1) be headed "Petition for Public Campaign Financing | ||
for (Name of Candidate), a Candidate for (Name of Office Sought and | ||
Place Number, if Applicable)."; and | ||
(2) contain a statement just ahead of the signatures | ||
of the petitioners, as follows: "I know that the purpose of this | ||
petition is to enable (name of candidate) to receive public | ||
financing in connection with (his or her) campaign for (name of | ||
office sought and place number, if applicable)." | ||
(c) The circulation of a petition to be filed under this | ||
subchapter does not constitute candidacy or an announcement of | ||
candidacy for purposes of the automatic resignation provisions of | ||
Section 11, Article XI, or Section 65, Article XVI, Texas | ||
Constitution. | ||
Sec. 259.014. REQUIRED SIGNATURES FOR PETITION. (a) A | ||
candidate's petition under this subchapter must be signed by at | ||
least: | ||
(1) 2,500 registered voters, if the candidate seeks a | ||
statewide judicial office; or | ||
(2) 1,000 registered voters of the court of appeals | ||
district for which the candidate seeks the office of chief justice | ||
or justice of a court of appeals. | ||
(b) Not more than 20 percent of the required number of | ||
signers may be residents of: | ||
(1) the same county, if the candidate seeks a | ||
statewide judicial office; or | ||
(2) the same commissioners court precinct, if the | ||
candidate seeks the office of chief justice or justice of a court of | ||
appeals. | ||
(c) A petition that violates Subsection (b) is not invalid | ||
if the petition would otherwise be valid if the signatures of | ||
residents of the same county or precinct, as applicable, in excess | ||
of the applicable number specified by Subsection (b) were | ||
disregarded. | ||
(d) A person may not sign a petition under this subchapter | ||
for more than one candidate for the same office. For purposes of | ||
this subsection, each numbered place on an appellate court is a | ||
separate office. | ||
Sec. 259.015. REQUIRED POLITICAL CONTRIBUTIONS FROM | ||
PETITION SIGNERS. (a) A person who signs a petition under this | ||
subchapter must, at the time of signing, make a political | ||
contribution to the candidate in the form of cash or a check of $5. | ||
(b) A political contribution accepted under this section is | ||
counted for purposes of Section 259.017. | ||
Sec. 259.016. FILING OF PETITION. A candidate requesting | ||
public financing under this chapter must file the petition with the | ||
commission not later than the applicable deadline for filing an | ||
application for a place on the ballot or a declaration of write-in | ||
candidacy. | ||
Sec. 259.017. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A | ||
candidate seeking public financing under this chapter must accept | ||
and receive at least the amount specified by Subsection (b) in | ||
political contributions during the period: | ||
(1) beginning on the 120th day before the date an | ||
application for a place on the ballot or a declaration of write-in | ||
candidacy, as applicable, is required to be filed; and | ||
(2) ending on the fifth day before the date an | ||
application for a place on the ballot or a declaration of write-in | ||
candidacy, as applicable, is required to be filed. | ||
(b) The required amount of campaign contributions is: | ||
(1) $12,500, if the candidate seeks a statewide | ||
judicial office; or | ||
(2) $5,000 from residents of the court of appeals | ||
district for which the candidate seeks the office of chief justice | ||
or justice of a court of appeals. | ||
(c) Not later than the fifth day after the date the | ||
commission certifies a candidate as eligible for public financing | ||
under Section 259.018, a candidate who received more in political | ||
contributions under this section than the applicable amount under | ||
Subsection (b) shall deliver to the commission an amount equal to | ||
the difference between the amount of political contributions | ||
received and the applicable amount under Subsection (b). The | ||
commission shall deliver money received under this subsection to | ||
the comptroller for deposit in the fund. A candidate who is not | ||
certified as eligible for public financing is not required to | ||
deliver excess political contributions to the commission under this | ||
subsection. | ||
(d) Notwithstanding Section 254.034, 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 applicable date prescribed by | ||
Subsection (a)(2) shall return the contribution to the contributor | ||
not later than the fifth day after the date the candidate receives | ||
the contribution. | ||
Sec. 259.018. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a) | ||
Not later than the fifth day after the date the commission | ||
determines a candidate is eligible, the commission shall certify to | ||
the comptroller as eligible for public financing each candidate | ||
who: | ||
(1) meets the requirements prescribed by Section | ||
259.011; and | ||
(2) is certified to the commission as conditionally | ||
eligible under Section 259.012. | ||
(b) A determination as to whether a candidate meets the | ||
requirements prescribed by Section 259.017 must be based on reports | ||
of political contributions and expenditures filed under Chapter | ||
254. 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. The commission shall make a | ||
determination not later than the 15th day after the later of: | ||
(1) the date the commission receives the request for a | ||
determination; or | ||
(2) the date the candidate files a report under | ||
Chapter 254 covering the period prescribed by Section 259.017. | ||
(c) The commission shall deliver a copy of a certification | ||
under this section to: | ||
(1) the affected candidate; and | ||
(2) each opponent of the affected candidate. | ||
Sec. 259.019. VERIFICATION OF PETITION. (a) The | ||
commission is not required to verify a petition filed under this | ||
subchapter unless, not later than the 10th day after the date a | ||
petition is required to be filed under Section 259.016, a person | ||
alleges to the commission in writing that the petition does not meet | ||
the requirements prescribed by this chapter. | ||
(b) The commission shall verify a petition as promptly as | ||
possible after receiving an allegation under Subsection (a). | ||
Pending verification, the commission may not certify the candidate | ||
to the comptroller as eligible for public financing. | ||
(c) On request of the commission, a voter registrar shall | ||
verify the voter registration status of a signer of a petition filed | ||
with the commission who the petition indicates is registered or has | ||
been approved for registration in the county served by the | ||
registrar. | ||
(d) If the commission verifies that the petition meets the | ||
requirements prescribed by this chapter: | ||
(1) the commission shall certify the candidate to the | ||
comptroller as eligible for public financing; and | ||
(2) the comptroller shall 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. CAMPAIGN FINANCING FUND | ||
Sec. 259.051. CAMPAIGN FINANCING FUND. (a) The campaign | ||
financing fund is in the state treasury. | ||
(b) The fund consists of: | ||
(1) amounts appropriated to the fund; | ||
(2) amounts refunded to the fund under Section 259.055 | ||
or 259.056; | ||
(3) amounts delivered to the commission under Section | ||
259.017(c); | ||
(4) amounts received by the commission or comptroller | ||
as a gift or grant to the fund; and | ||
(5) civil penalties collected by the commission for a | ||
violation of this chapter or Section 253.155. | ||
(c) 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 259.018. | ||
(d) Money remaining in the fund at the end of an election | ||
cycle is retained in the fund for the next election cycle. The | ||
comptroller shall credit interest on money in the fund to the fund. | ||
Money in the fund may be appropriated only for purposes of this | ||
chapter. | ||
Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In | ||
connection with each general election for state and county | ||
officers, the commission shall, not later than the 130th day before | ||
the date an application for a place on the primary election ballot | ||
is required to be filed, adopt rules prescribing the total amount of | ||
public financing to which a candidate for an office covered by this | ||
chapter whose name will appear on the ballot is entitled. The | ||
commission shall determine the amount under this subsection based | ||
on: | ||
(1) the allocations prescribed by Subsections (b) and | ||
(c); | ||
(2) the comptroller's certified estimation as to the | ||
amount that will be available in the fund for the calendar year in | ||
which the election occurs; | ||
(3) the secretary of state's estimation, based on | ||
previous elections, of the number of candidates in each office | ||
covered by this chapter who will be on the primary election ballot | ||
or the general election ballot for that election; and | ||
(4) the relative expense of a campaign for the office | ||
the candidate seeks, considering the population and geographic size | ||
of the office's jurisdiction and the price of advertising in that | ||
jurisdiction. | ||
(b) The commission shall prescribe amounts under Subsection | ||
(a) to allocate: | ||
(1) 25 percent to candidates for statewide judicial | ||
office; and | ||
(2) 75 percent to candidates for chief justice or | ||
justice, court of appeals. | ||
(c) The rules adopted under Subsection (a) must specify the | ||
amount of each monthly distribution from the fund. The amount of a | ||
monthly distribution made for January, February, or March must be | ||
substantially greater than the amount of a monthly distribution | ||
made for any other month. | ||
Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified | ||
candidate is entitled to a distribution from the fund for each month | ||
that begins or ends during the period: | ||
(1) beginning on the date an application for a place on | ||
the ballot or a declaration of write-in candidacy, as applicable, | ||
is required to be filed; and | ||
(2) except as provided by Subsection (b), ending on | ||
the 30th day after: | ||
(A) the date an application for a place on the | ||
ballot is required to be filed, if the candidate will not have an | ||
opponent in the primary election or general election; | ||
(B) the date of the primary election, if the | ||
candidate has an opponent in the primary election and: | ||
(i) will not have an opponent in the general | ||
election; or | ||
(ii) is not a candidate in the runoff | ||
primary election or the general election; | ||
(C) the date of the runoff primary election, if | ||
the candidate is a candidate in that election and: | ||
(i) will not have an opponent in the general | ||
election; or | ||
(ii) is not a candidate in the general | ||
election; or | ||
(D) the date of the general election. | ||
(b) Notwithstanding Subsection (a)(2), after a person files | ||
a declaration of write-in candidacy opposing a certified candidate | ||
who would otherwise not have an opponent in the general election: | ||
(1) the certified candidate is entitled to an amount | ||
equal to 50 percent of each distribution from the fund scheduled to | ||
be made after the date the candidate's opponent files the | ||
declaration of write-in candidacy; and | ||
(2) if the write-in candidate is certified as eligible | ||
under Section 259.018, the write-in candidate is entitled to an | ||
amount equal to 50 percent of each distribution from the fund | ||
scheduled to be made after the date the candidate files the | ||
declaration of write-in candidacy. | ||
(c) The comptroller shall distribute money to certified | ||
candidates as directed by the commission. If the amount in the fund | ||
is insufficient to provide the amounts specified by rules adopted | ||
under Section 259.052, the comptroller shall determine the amount | ||
of available money and shall distribute the amount on a pro rata | ||
basis. | ||
Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a) | ||
Money accepted by a candidate from the fund is considered to be a | ||
campaign contribution to the candidate. Except as otherwise | ||
provided by this chapter, the provisions of this title regulating | ||
the use of political contributions apply to money accepted by a | ||
candidate from the fund. | ||
(b) A candidate may use money accepted from the fund only | ||
for expenses related to the candidate's campaign for election. A | ||
candidate may not use money accepted from the fund to make: | ||
(1) a political contribution to another candidate, an | ||
officeholder, or a political committee; | ||
(2) a campaign expenditure in connection with an | ||
office other than the office as to which the candidate accepted the | ||
money; or | ||
(3) an officeholder expenditure. | ||
(c) A candidate who uses money from the fund in violation of | ||
Subsection (b): | ||
(1) is not eligible for any additional money from the | ||
fund; and | ||
(2) is liable for a civil penalty not to exceed three | ||
times the amount of the money used in violation of Subsection (b). | ||
Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) Following | ||
the candidate's last election during the election cycle for which | ||
public financing is accepted, a candidate shall refund to the | ||
comptroller amounts accepted from the fund that have not been | ||
expended or contractually obligated. | ||
(b) A refund under this section must be made not later than | ||
the 30th day after the date of: | ||
(1) the primary election, if the candidate is not a | ||
candidate in the runoff primary election or the general election; | ||
(2) the runoff primary election, if the candidate is a | ||
candidate in that election and is not a candidate in the general | ||
election; or | ||
(3) the general election. | ||
(c) The comptroller shall deposit refunds received under | ||
this section to the credit of the fund. | ||
(d) 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. 259.056. WITHDRAWAL, INELIGIBILITY, OR DEATH OF | ||
CANDIDATE. (a) A candidate who withdraws from an election or is | ||
declared ineligible shall refund to the comptroller amounts | ||
accepted from the fund that have not been expended or contractually | ||
obligated. The candidate shall refund those amounts not later than | ||
the 10th day after the date the candidate withdraws or is declared | ||
ineligible. | ||
(b) The campaign treasurer of a candidate who dies shall | ||
refund to the comptroller amounts accepted from the fund that have | ||
not been expended or contractually obligated. The campaign | ||
treasurer shall refund those amounts not later than the 30th day | ||
after the date the candidate dies. | ||
(c) The comptroller shall deposit refunds received under | ||
this section to the credit of the fund. | ||
(d) 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. 259.057. DEPOSIT OF CIVIL PENALTIES. The comptroller | ||
shall deposit a civil penalty collected by the commission for a | ||
violation of this subchapter to the credit of the fund. | ||
SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF POLITICAL | ||
CONTRIBUTIONS | ||
Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a) | ||
Except as provided by Section 259.015, 259.017, or 259.103, 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 acting with the | ||
candidate's or officeholder's authorization may not accept a | ||
political contribution in connection with the office for which the | ||
candidate or officeholder accepted public financing. | ||
(b) A person who violates this section is liable for a civil | ||
penalty not to exceed three times the amount of political | ||
contributions used in violation of this section. | ||
Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE | ||
PROHIBITED. (a) Except as provided by Section 259.103, a candidate | ||
or officeholder who accepts public financing or a specific-purpose | ||
committee for supporting such a candidate, opposing such a | ||
candidate's opponent, or assisting such an officeholder acting with | ||
the candidate's or officeholder's authorization may not use 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: | ||
(1) was a candidate for an office other than the office | ||
for which the candidate or officeholder accepted public financing; | ||
or | ||
(2) 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 259.017. | ||
(b) A person who violates this section is liable for a civil | ||
penalty not to exceed three times the amount of political | ||
contributions used in violation of this section. | ||
Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN | ||
OFFICEHOLDERS. (a) 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) An officeholder who files a statement under Subsection | ||
(a) is not eligible for public financing for the reelection or | ||
election to which the statement relates. | ||
(c) An officeholder who accepted public financing or a | ||
specific-purpose committee for assisting such an officeholder or | ||
for supporting such an officeholder as a candidate acting with the | ||
candidate's or officeholder's authorization may not accept a | ||
political contribution before the officeholder files a statement | ||
under Subsection (a). | ||
(d) A person who violates Subsection (c) is liable for a | ||
civil penalty not to exceed three times the amount of political | ||
contributions used in violation of Subsection (c). | ||
Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER | ||
PURPOSES. An officeholder who accepted public financing may retain | ||
and use for officeholder purposes the unexpended amount, if any, of | ||
political contributions accepted under Section 259.015 or 259.017. | ||
Sec. 259.105. CERTAIN DIRECT CAMPAIGN EXPENDITURES | ||
CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section | ||
259.101, a direct campaign expenditure is considered to be a | ||
campaign contribution to a candidate if the expenditure is made | ||
with the cooperation or prior consent of, in consultation with, or | ||
at the suggestion of: | ||
(1) the candidate; | ||
(2) a specific-purpose committee for supporting the | ||
candidate or opposing the candidate's opponent acting with the | ||
candidate's authorization; or | ||
(3) another person acting with the candidate's | ||
knowledge and consent. | ||
SUBCHAPTER E. VOTER INFORMATION PAMPHLET | ||
Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies to each candidate certified as eligible for public | ||
financing. | ||
Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than | ||
the 80th day before the date of the general election, a candidate | ||
for an office covered by this subchapter may file with the secretary | ||
of state an informational statement, on a form prescribed by the | ||
secretary, to be included in a voter information pamphlet for that | ||
election. | ||
Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's | ||
statement must include a summary of the following information: | ||
(1) current occupation; | ||
(2) educational and occupational background; | ||
(3) biographical information; and | ||
(4) any previous experience serving in government. | ||
(b) The secretary of state shall prescribe the format and | ||
length of the candidate's statement. | ||
Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later | ||
than the fifth day after the date the candidate's statement is | ||
received, the secretary of state shall review the statement to | ||
determine whether it complies with Section 259.133. | ||
(b) If the secretary of state determines that the statement | ||
does not comply with Section 259.133, the secretary shall reject | ||
the statement and deliver written notice of the reason for the | ||
rejection to the candidate not later than the second day after the | ||
date of rejection. | ||
(c) A candidate whose statement is rejected may resubmit the | ||
statement subject to the prescribed deadline. | ||
Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary | ||
of state shall contract for the preparation and printing of a voter | ||
information pamphlet after soliciting bids for that work. The | ||
secretary may prepare separate pamphlets for different regions of | ||
the state, including in each pamphlet only statewide offices and | ||
the offices to be voted on in the region if the secretary determines | ||
that distributing multiple pamphlets is more economical than | ||
distributing a single pamphlet for statewide use. The secretary | ||
may 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. | ||
(b) On the request of the secretary of state, the commission | ||
shall direct the comptroller to transfer from the fund to the | ||
secretary the money necessary for preparation of the pamphlet. | ||
(c) The pamphlet must include each statement that complies | ||
with Sections 259.132 and 259.133 and is filed by a candidate whom | ||
the commission has certified as eligible for public financing. | ||
Candidates whose names will appear on the ballot and write-in | ||
candidates must be shown in separate groups. The order of the | ||
candidates' names within the groups is determined by a drawing | ||
conducted by the secretary of state. Candidates whose names will | ||
appear on the ballot must be identified by party or as an | ||
independent candidate, as applicable. | ||
(d) The pamphlet must name each candidate for an office | ||
covered by this chapter whom the commission has not certified as | ||
eligible for public financing and must identify each such candidate | ||
by party or as an independent or write-in candidate, as applicable. | ||
The pamphlet may not contain any other information about a | ||
candidate to whom this subsection applies. | ||
(e) The secretary of state shall prescribe appropriate | ||
explanatory material to be included in the pamphlet to assist the | ||
voters, including: | ||
(1) a statement that the pamphlet may be used at the | ||
polls to assist the voters in marking their ballots; and | ||
(2) a statement that candidates who are not eligible | ||
for public financing are not entitled to submit a candidate's | ||
statement for inclusion in the pamphlet. | ||
Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the | ||
45th day before the date of each general election, the secretary of | ||
state shall mail the voter information pamphlet to each household | ||
in this state in which a registered voter resides. | ||
Sec. 259.137. ADDITIONAL PROCEDURES. The secretary of | ||
state shall prescribe any additional procedures necessary to | ||
implement this subchapter. | ||
SECTION 2. Section 253.175(b), Election Code, is amended to | ||
read as follows: | ||
(b) The judicial campaign fairness fund consists of: | ||
(1) penalties recovered under Section 253.176, other | ||
than penalties for a violation of Section 253.155; and | ||
(2) any gifts or grants received by the commission | ||
under Subsection (e). | ||
SECTION 3. Section 253.176, Election Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) A penalty collected under this section shall be | ||
deposited to the credit of the judicial campaign fairness fund, | ||
except as provided by Subsection (d). | ||
(d) A penalty collected under this section for a violation | ||
of Section 253.155 shall be deposited to the credit of the campaign | ||
financing fund established under Chapter 259. | ||
SECTION 4. Notwithstanding Chapter 259, Election Code, as | ||
added by this Act, a person who on September 1, 2013, held an office | ||
covered by that chapter and who had unexpended political | ||
contributions may use those contributions to make political | ||
expenditures for campaign or officeholder purposes. | ||
SECTION 5. This Act takes effect September 1, 2013. |