BILL ANALYSIS ELECTIONS H.B. 35 By: Goolsby 3-6-97 Committee Report (Unamended) BACKGROUND It is the general view that in past years misleading information about various candidates for public office has been generated by their opponents, or their opponent's campaigns. PURPOSE As proposed, H.B. 35 would add a voluntary code of fair campaign practices to the Election Code. RULEMAKING AUTHORITY This bill does not delegate any rulemaking authority to a state agency, office, department, or other institution. SECTION-BY-SECTION ANALYSIS SECTION 1. Title 15, Election Code, is amended by adding Chapter 258. CHAPTER 258. FAIR CAMPAIGN PRACTICES Sec. 258.001. SHORT TITLE. This chapter may be cited as the Fair Campaign Practices Act. Sec. 258.002. PURPOSE. (a) The purpose of this chapter is to encourage every candidate and political committee to subscribe to the Code of Fair Campaign Practices. (b) It is the intent of the legislature to have candidates and political committees subscribing to the code follow basic principles of decency and honesty to encourage healthy competition and open discussion of issues and discourages practices that cloud the issues or unfairly attack opponents. Sec. 258.003. DELIVERY OF COPY OF CODE. (a) When a candidate or political committee files its campaign treasurer appointment, the authority with whom the appointment is filed will give the candidate or political committee a blank form of the Code of Fair Campaign Practices and a copy of this chapter. (b) The authority will inform each candidate or political committee that they may subscribe and file with the authority and that subscription to the code is strictly voluntary. Sec. 258.004. TEXT OF CODE. States the text of the code to be delivered to interested candidates or committees. Sec. 258.005. FORMS. The commission will print copies of the Code of Fair Campaign Practices and will supply the forms to the authorities when requested. Sec. 258.006. ACCEPTANCE AND PRESERVATION OF COPIES. (a) The authority with whom a campaign treasurer appointment is filed will accept copies of the completed code. (b) Each completed copy will be preserved by the authority. Sec. 258.007. SUBSCRIPTION TO CODE VOLUNTARY. Subscription to the code is strictly voluntary. Sec. 258.008. INDICATION ON POLITICAL ADVERTISING. Candidates or political committees that have a completed copy of the code on file, may indicate on political advertising. A prescribed form will be determined by the commission. Sec. 258.009. CIVIL CAUSE OF ACTION. This chapter does not create a civil cause of action for recovery of damages or for the enforcement of this chapter. SECTION 2. A candidate or political committee that has a campaign treasurer at the time of the effective date of the Act, may subscribe and file the code with the appropriate authority. SECTION 3. This Act takes effect September 1, 1997. SECTION 4. Emergency clause.