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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 35 was passed by the House on April 2, 1997, by the following vote: Yeas 130, Nays 11, 1 present not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 35 was passed by the Senate on May 8, 1997, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor