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.