By Goolsby, et al. H.B. No. 35
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a voluntary code of fair campaign practices.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 15, Election Code, is amended by adding
1-5 Chapter 258 to read as follows:
1-6 CHAPTER 258. FAIR CAMPAIGN PRACTICES
1-7 Sec. 258.001. SHORT TITLE. This chapter may be cited as the
1-8 Fair Campaign Practices Act.
1-9 Sec. 258.002. PURPOSE. (a) The purpose of this chapter is
1-10 to encourage every candidate and political committee to subscribe
1-11 to the Code of Fair Campaign Practices.
1-12 (b) It is the intent of the legislature that every candidate
1-13 and political committee that subscribes to the Code of Fair
1-14 Campaign Practices will follow the basic principles of decency,
1-15 honesty, and fair play to encourage healthy competition and open
1-16 discussion of issues and candidate qualifications and to discourage
1-17 practices that cloud the issues or unfairly attack opponents.
1-18 Sec. 258.003. DELIVERY OF COPY OF CODE. (a) When a
1-19 candidate or political committee files its campaign treasurer
1-20 appointment, the authority with whom the appointment is filed shall
1-21 give the candidate or political committee a blank form of the Code
1-22 of Fair Campaign Practices and a copy of this chapter.
1-23 (b) The authority shall inform each candidate or political
1-24 committee that the candidate or committee may subscribe to and file
2-1 the code with the authority and that subscription to the code is
2-2 voluntary.
2-3 Sec. 258.004. TEXT OF CODE. The Code of Fair Campaign
2-4 Practices reads as follows:
2-5 CODE OF FAIR CAMPAIGN PRACTICES
2-6 There are basic principles of decency, honesty, and fair play
2-7 that every candidate and political committee in this state has a
2-8 moral obligation to observe and uphold, in order that, after
2-9 vigorously contested but fairly conducted campaigns, our citizens
2-10 may exercise their constitutional rights to a free and untrammeled
2-11 choice and the will of the people may be fully and clearly
2-12 expressed on the issues.
2-13 THEREFORE:
2-14 (1) I will conduct the campaign openly and publicly
2-15 and limit attacks on my opponent to legitimate challenges to my
2-16 opponent's record and stated positions on issues.
2-17 (2) I will not use or permit the use of character
2-18 defamation, whispering campaigns, libel, slander, or scurrilous
2-19 attacks on any candidate or the candidate's personal or family
2-20 life.
2-21 (3) I will not use or permit any appeal to negative
2-22 prejudice based on race, sex, religion, or national origin.
2-23 (4) I will not use campaign material of any sort that
2-24 misrepresents, distorts, or otherwise falsifies the facts, nor will
2-25 I use malicious or unfounded accusations that aim at creating or
2-26 exploiting doubts, without justification, as to the personal
2-27 integrity or patriotism of my opponent.
3-1 (5) I will not undertake or condone any dishonest or
3-2 unethical practice that tends to corrupt or undermine our system of
3-3 free elections or that hampers or prevents the full and free
3-4 expression of the will of the voters, including any activity aimed
3-5 at intimidating voters or discouraging them from voting.
3-6 (6) I will defend and uphold the right of every
3-7 qualified voter to full and equal participation in the electoral
3-8 process, and will not engage in any activity aimed at intimidating
3-9 voters or discouraging them from voting.
3-10 (7) I will immediately and publicly repudiate methods
3-11 and tactics that may come from others that I have pledged not to
3-12 use or condone. I shall take firm action against any subordinate
3-13 who violates any provision of this code or the laws governing
3-14 elections.
3-15 I, the undersigned, candidate for election to public office
3-16 in the State of Texas or campaign treasurer of a political
3-17 committee, hereby voluntarily endorse, subscribe to, and solemnly
3-18 pledge myself to conduct the campaign in accordance with the above
3-19 principles and practices.
3-20 _________________ _________________________________
3-21 Date Signature
3-22 Sec. 258.005. FORMS. The commission shall print copies of
3-23 the Code of Fair Campaign Practices and shall supply the forms to
3-24 the authorities with whom copies of the code may be filed in
3-25 quantities and at times requested by the authorities.
3-26 Sec. 258.006. ACCEPTANCE AND PRESERVATION OF COPIES. (a)
3-27 An authority with whom a campaign treasurer appointment is filed
4-1 shall accept each completed copy of the code submitted to the
4-2 authority that is properly subscribed to by a candidate or the
4-3 campaign treasurer of a political committee.
4-4 (b) Each copy of the code accepted under this section shall
4-5 be preserved by the authority with whom it is filed for the period
4-6 prescribed for the filer's campaign treasurer appointment.
4-7 Sec. 258.007. SUBSCRIPTION TO CODE VOLUNTARY. The
4-8 subscription to the Code of Fair Campaign Practices by a candidate
4-9 or a political committee is voluntary.
4-10 Sec. 258.008. INDICATION ON POLITICAL ADVERTISING. A
4-11 candidate or a political committee that has filed a copy of the
4-12 Code of Fair Campaign Practices may so indicate on political
4-13 advertising in a form to be determined by the commission.
4-14 Sec. 258.009. CIVIL CAUSE OF ACTION. This chapter does not
4-15 create a civil cause of action for recovery of damages or for
4-16 enforcement of this chapter.
4-17 SECTION 2. A candidate or political committee that has a
4-18 campaign treasurer appointment on file on the effective date of
4-19 this Act may file the Code of Fair Campaign Practices authorized by
4-20 Chapter 258, Election Code, as added by this Act, with the
4-21 appropriate authority at any time.
4-22 SECTION 3. This Act takes effect September 1, 1997.
4-23 SECTION 4. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.