SRC-MAX H.B. 35 75(R)BILL ANALYSIS


Senate Research CenterH.B. 35
By: Goolsby (Cain)
State Affairs
4-24-97
Engrossed


DIGEST 

Currently, there are few measures in place in Texas to ensure that false
or misleading information is not included in public office campaigns.
There are concerns that misleading information about various candidates
for public office is often generated by their opponents or their
opponents' campaigns.  This bill establishes a voluntary code of fair
campaign practices for candidates seeking public office.  

PURPOSE

As proposed, H.B. 35 establishes a voluntary code of fair campaign
practices. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 15, Election Code, by adding Chapter 258, as
follows: 

CHAPTER 258.  FAIR CAMPAIGN PRACTICES

Sec.  258.001.  SHORT TITLE:  Fair Campaign Practices Act.

Sec.  258.002.  PURPOSE.  Provides that the purpose of this chapter is to
encourage every candidate and political committee to subscribe to the Code
of Fair Campaign Practices (code). Sets forth the intent of the Code of
Fair Campaign Practices. 

Sec.  258.003.  DELIVERY OF COPY OF CODE.  Requires the authority with
whom an appointment is filed to give the candidate or political committee
a blank form of the code and a copy of this chapter when a candidate or
political committee files its campaign treasurer appointment.  Requires
the authority to inform each candidate or political committee that the
candidate or committee may subscribe to and file the code with the
authority and that subscription to the code is voluntary.  

Sec.  258.004.  TEXT OF CODE.  Sets forth the language of the code.

Sec.  258.005.  FORMS.  Requires the Texas Ethics Commission (commission)
to print copies of the code and to supply the forms to the authorities
with whom copies of the code may be filed in quantities and at times
requested by the authorities. 

Sec.  258.006.  ACCEPTANCE AND PRESERVATION OF COPIES.  Requires an
authority with whom a campaign treasurer appointment is filed to accept
each completed copy of the code submitted to the authority that is
properly subscribed to by a candidate or the campaign treasurer of a
political committee.  Requires each copy accepted to be preserved by the
authority with whom it is filed for the period prescribed for the filer's
campaign treasurer appointment.   

Sec.  258.007.  SUBSCRIPTION TO CODE VOLUNTARY.  Provides that the
subscription  to the Code of Fair Campaign Practices by a candidate or a
political committee is voluntary. 

Sec.  258.008.  INDICATION ON POLITICAL ADVERTISING.  Provides that a
candidate or a political committee that has filed a copy of the Code of
Fair Campaign Practices may so indicate on political advertisement in a
form determined by the commission. 

Sec.  258.009.  CIVIL CAUSE OF ACTION.  Provides that this chapter does
not create a civil cause of action for recovery of damages or for
enforcement of this chapter. 

SECTION 2. Authorizes a candidate or political committee that has a
campaign treasurer appointment on file on the effective date of this Act
to file the Code of Fair Campaign Practices authorized by Chapter 258,
Election Code, as added by this Act, with the appropriate authority at any
time.   

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.