1-1  By:  Goolsby (Senate Sponsor - Ellis)                   H.B. No. 68
    1-2        (In the Senate - Received from the House May 5, 1993;
    1-3  May 6, 1993, read first time and referred to Subcommittee on
    1-4  Elections and Ethics; May 21, 1993, reported favorably by the
    1-5  following vote:  Yeas 4, Nays 0; May 21, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Carriker           x                               
    1-9        Harris of Dallas                              x    
   1-10        Ellis              x                               
   1-11        Henderson                                     x    
   1-12        Luna                                          x    
   1-13        Parker             x                               
   1-14        Wentworth          x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to a voluntary code of fair campaign practices.
   1-18        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-19        SECTION 1.  Title 15, Election Code, is amended by adding
   1-20  Chapter 258 to read as follows:
   1-21                 CHAPTER 258.  FAIR CAMPAIGN PRACTICES
   1-22        Sec. 258.001.  SHORT TITLE.  This chapter may be cited as the
   1-23  Fair Campaign Practices Act.
   1-24        Sec. 258.002.  PURPOSE.  (a)  The purpose of this chapter is
   1-25  to encourage every candidate and political committee to subscribe
   1-26  to the Code of Fair Campaign Practices.
   1-27        (b)  It is the intent of the legislature that every candidate
   1-28  and political committee that subscribes to the Code of Fair
   1-29  Campaign Practices will follow the basic principles of decency,
   1-30  honesty, and fair play to encourage healthy competition and open
   1-31  discussion of issues and candidate qualifications and to discourage
   1-32  practices that cloud the issues or unfairly attack opponents.
   1-33        Sec. 258.003.  DELIVERY OF COPY OF CODE.  (a)  When a
   1-34  candidate or political committee files its campaign treasurer
   1-35  appointment, the authority with whom the appointment is filed shall
   1-36  give the candidate or political committee a blank form of the Code
   1-37  of Fair Campaign Practices and a copy of this chapter.
   1-38        (b)  The authority shall inform each candidate or political
   1-39  committee that the candidate or committee may subscribe to and file
   1-40  the code with the authority and that subscription to the code is
   1-41  voluntary.
   1-42        Sec. 258.004.  TEXT OF CODE.  The Code of Fair Campaign
   1-43  Practices reads as follows:
   1-44                    CODE OF FAIR CAMPAIGN PRACTICES
   1-45        There are basic principles of decency, honesty, and fair play
   1-46  that every candidate and political committee in this state has a
   1-47  moral obligation to observe and uphold, in order that, after
   1-48  vigorously contested but fairly conducted campaigns, our citizens
   1-49  may exercise their constitutional rights to a free and untrammeled
   1-50  choice and the will of the people may be fully and clearly
   1-51  expressed on the issues.
   1-52        THEREFORE:
   1-53              (1)  I will conduct the campaign openly and publicly
   1-54  and limit attacks on my opponent to legitimate challenges to my
   1-55  opponent's record.
   1-56              (2)  I will not use or permit the use of character
   1-57  defamation, whispering campaigns, libel, slander, or scurrilous
   1-58  attacks on any candidate or the candidate's personal or family
   1-59  life.
   1-60              (3)  I will not use or permit any appeal to negative
   1-61  prejudice based on race, sex, religion, or national origin.
   1-62              (4)  I will not use campaign material of any sort that
   1-63  misrepresents, distorts, or otherwise falsifies the facts, nor will
   1-64  I use malicious or unfounded accusations that aim at creating or
   1-65  exploiting doubts, without justification, as to the personal
   1-66  integrity or patriotism of my opponent.
   1-67              (5)  I will not undertake or condone any dishonest or
   1-68  unethical practice that tends to corrupt or undermine our system of
    2-1  free elections or that hampers or prevents the full and free
    2-2  expression of the will of the voters.
    2-3              (6)  I will defend and uphold the right of every
    2-4  qualified voter to full and equal participation in the electoral
    2-5  process.
    2-6              (7)  I will immediately and publicly repudiate methods
    2-7  and tactics that may come from others that I have pledged not to
    2-8  use or condone.  I shall take firm action against any subordinate
    2-9  who violates any provision of this code or the laws governing
   2-10  elections.
   2-11        I, the undersigned, candidate for election to public office
   2-12  in the State of Texas or campaign treasurer of a political
   2-13  committee, hereby voluntarily endorse, subscribe to,  and solemnly
   2-14  pledge myself to conduct the campaign in accordance with the above
   2-15  principles and practices.
   2-16      _________________           _________________________________
   2-17          Date                          Signature
   2-18        Sec. 258.005.  FORMS.  The commission shall print copies of
   2-19  the Code of Fair Campaign Practices and shall supply the forms to
   2-20  the authorities with whom copies of the code may be filed in
   2-21  quantities and at times requested by the authorities.
   2-22        Sec. 258.006.  ACCEPTANCE AND PRESERVATION OF COPIES.
   2-23  (a)  An authority with whom a campaign treasurer appointment is
   2-24  filed shall accept each completed copy of the code submitted to the
   2-25  authority that is properly subscribed to by a candidate or the
   2-26  campaign treasurer of a political committee.
   2-27        (b)  Each copy of the code accepted under this section shall
   2-28  be preserved by the authority with whom it is filed for the period
   2-29  prescribed for the filer's campaign treasurer appointment.
   2-30        Sec. 258.007.  SUBSCRIPTION TO CODE VOLUNTARY.   The
   2-31  subscription to the Code of Fair Campaign Practices by a candidate
   2-32  or a political committee is voluntary.
   2-33        Sec. 258.008.  INDICATION ON POLITICAL ADVERTISING.  A
   2-34  candidate or a political committee that has filed a copy of the
   2-35  Code of Fair Campaign Practices may so indicate on political
   2-36  advertising in a form to be determined by the commission.
   2-37        Sec. 258.009.  CIVIL CAUSE OF ACTION.  This chapter does not
   2-38  create a civil cause of action for recovery of damages or for
   2-39  enforcement of this chapter.
   2-40        SECTION 2.  A candidate or political committee that has a
   2-41  campaign treasurer appointment on file on the effective date of
   2-42  this Act may file the Code of Fair Campaign Practices authorized by
   2-43  Chapter 258, Election Code, as added by this Act, with the
   2-44  appropriate authority at any time.
   2-45        SECTION 3.  This Act takes effect September 1, 1993.
   2-46        SECTION 4.  The importance of this legislation and the
   2-47  crowded condition of the calendars in both houses create an
   2-48  emergency   and   an   imperative   public   necessity   that   the
   2-49  constitutional rule requiring bills to be read on three several
   2-50  days in each house be suspended, and this rule is hereby suspended.
   2-51                               * * * * *
   2-52                                                         Austin,
   2-53  Texas
   2-54                                                         May 21, 1993
   2-55  Hon. Bob Bullock
   2-56  President of the Senate
   2-57  Sir:
   2-58  We, your Committee on Subcommittee on Elections and Ethics to which
   2-59  was referred H.B. No. 68, have had the same under consideration,
   2-60  and I am instructed to report it back to the Senate with the
   2-61  recommendation that it do pass and be printed.
   2-62                                                         Carriker,
   2-63  Chairman
   2-64                               * * * * *
   2-65                               WITNESSES
   2-66  No witnesses appeared on H.B. No. 68.