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.