73R951 KLL-F
          By Goolsby                                              H.B. No. 68
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a voluntary code of fair campaign practices.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Title 15, Election Code, is amended by adding
    1-5  Chapter 258 to read as follows:
    1-6                 CHAPTER 258.  FAIR CAMPAIGN PRACTICES
    1-7        Sec. 258.001.  SHORT TITLE.  This chapter may be cited as the
    1-8  Fair Campaign Practices Act.
    1-9        Sec. 258.002.  PURPOSE.  (a)  The purpose of this chapter is
   1-10  to encourage every candidate and political committee to subscribe
   1-11  to the Code of Fair Campaign Practices.
   1-12        (b)  It is the intent of the legislature that every candidate
   1-13  and political committee that subscribes to the Code of Fair
   1-14  Campaign Practices will follow the basic principles of decency,
   1-15  honesty, and fair play to encourage healthy competition and open
   1-16  discussion of issues and candidate qualifications and to discourage
   1-17  practices that cloud the issues or unfairly attack opponents.
   1-18        Sec. 258.003.  DELIVERY OF COPY OF CODE.  (a)  When a
   1-19  candidate or political committee files its campaign treasurer
   1-20  appointment, the authority with whom the appointment is filed shall
   1-21  give the candidate or political committee a blank form of the Code
   1-22  of Fair Campaign Practices and a copy of this chapter.
   1-23        (b)  The authority shall inform each candidate or political
   1-24  committee that the candidate or committee may subscribe to and file
    2-1  the code with the authority and that subscription to the code is
    2-2  voluntary.
    2-3        Sec. 258.004.  TEXT OF CODE.  The Code of Fair Campaign
    2-4  Practices reads as follows:
    2-5                    CODE OF FAIR CAMPAIGN PRACTICES
    2-6        There are basic principles of decency, honesty, and fair play
    2-7  that every candidate and political committee in this state has a
    2-8  moral obligation to observe and uphold, in order that, after
    2-9  vigorously contested but fairly conducted campaigns, our citizens
   2-10  may exercise their constitutional rights to a free and untrammeled
   2-11  choice and the will of the people may be fully and clearly
   2-12  expressed on the issues.
   2-13        THEREFORE:
   2-14              (1)  I will conduct the campaign openly and publicly
   2-15  and limit attacks on my opponent to legitimate challenges to my
   2-16  opponent's record.
   2-17              (2)  I will not use or permit the use of character
   2-18  defamation, whispering campaigns, libel, slander, or scurrilous
   2-19  attacks on any candidate or the candidate's personal or family
   2-20  life.
   2-21              (3)  I will not use or permit any appeal to negative
   2-22  prejudice based on race, sex, sexual orientation, religion, or
   2-23  national origin.
   2-24              (4)  I will not use campaign material of any sort that
   2-25  misrepresents, distorts, or otherwise falsifies the facts, nor will
   2-26  I use malicious or unfounded accusations that aim at creating or
   2-27  exploiting doubts, without justification, as to the personal
    3-1  integrity or patriotism of my opponent.
    3-2              (5)  I will not undertake or condone any dishonest or
    3-3  unethical practice that tends to corrupt or undermine our system of
    3-4  free elections or that hampers or prevents the full and free
    3-5  expression of the will of the voters.
    3-6              (6)  I will defend and uphold the right of every
    3-7  qualified voter to full and equal participation in the electoral
    3-8  process.
    3-9              (7)  I will immediately and publicly repudiate methods
   3-10  and tactics that may come from others that I have pledged not to
   3-11  use or condone.  I shall take firm action against any subordinate
   3-12  who violates any provision of this code or the laws governing
   3-13  elections.
   3-14        I, the undersigned, candidate for election to public office
   3-15  in the State of Texas or campaign treasurer of a political
   3-16  committee, hereby voluntarily endorse, subscribe to,  and solemnly
   3-17  pledge myself to conduct the campaign in accordance with the above
   3-18  principles and practices.
   3-19      _________________           _________________________________
   3-20          Date                          Signature
   3-21        Sec. 258.005.  FORMS.  The commission shall print copies of
   3-22  the Code of Fair Campaign Practices and shall supply the forms to
   3-23  the authorities with whom copies of the code may be filed in
   3-24  quantities and at times requested by the authorities.
   3-25        Sec. 258.006.  ACCEPTANCE AND PRESERVATION OF COPIES.  (a)
   3-26  An authority with whom a campaign treasurer appointment is filed
   3-27  shall accept each completed copy of the code submitted to the
    4-1  authority that is properly subscribed to by a candidate or the
    4-2  campaign treasurer of a political committee.
    4-3        (b)  Each copy of the code accepted under this section shall
    4-4  be preserved by the authority with whom it is filed for the period
    4-5  prescribed for the filer's campaign treasurer appointment.
    4-6        Sec. 258.007.  SUBSCRIPTION TO CODE VOLUNTARY.   The
    4-7  subscription to the Code of Fair Campaign Practices by a candidate
    4-8  or a political committee is voluntary.
    4-9        Sec. 258.008.  INDICATION ON POLITICAL ADVERTISING.  A
   4-10  candidate or a political committee that has filed a copy of the
   4-11  Code of Fair Campaign Practices may so indicate on political
   4-12  advertising in a form to be determined by the commission.
   4-13        Sec. 258.009.  CIVIL CAUSE OF ACTION.  This chapter does not
   4-14  create a civil cause of action for recovery of damages or for
   4-15  enforcement of this chapter.
   4-16        SECTION 2.  A candidate or political committee that has a
   4-17  campaign treasurer appointment on file on the effective date of
   4-18  this Act may file the Code of Fair Campaign Practices authorized by
   4-19  Chapter 258, Election Code, as added by this Act, with the
   4-20  appropriate authority at any time.
   4-21        SECTION 3.  This Act takes effect September 1, 1993.
   4-22        SECTION 4.  The importance of this legislation and the
   4-23  crowded condition of the calendars in both houses create an
   4-24  emergency   and   an   imperative   public   necessity   that   the
   4-25  constitutional rule requiring bills to be read on three several
   4-26  days in each house be suspended, and this rule is hereby suspended.