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.