1-1     By:  Goolsby, et al. (Senate Sponsor - Cain)            H.B. No. 35

 1-2           (In the Senate - Received from the House April 3, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 1, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 1, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to a voluntary code of fair campaign practices.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Title 15, Election Code, is amended by adding

1-11     Chapter 258 to read as follows:

1-12                    CHAPTER 258.  FAIR CAMPAIGN PRACTICES

1-13           Sec. 258.001.  SHORT TITLE.  This chapter may be cited as the

1-14     Fair Campaign Practices Act.

1-15           Sec. 258.002.  PURPOSE.  (a)  The purpose of this chapter is

1-16     to encourage every candidate and political committee to subscribe

1-17     to the Code of Fair Campaign Practices.

1-18           (b)  It is the intent of the legislature that every candidate

1-19     and political committee that subscribes to the Code of Fair

1-20     Campaign Practices will follow the basic principles of decency,

1-21     honesty, and fair play to encourage healthy competition and open

1-22     discussion of issues and candidate qualifications and to discourage

1-23     practices that cloud the issues or unfairly attack opponents.

1-24           Sec. 258.003.  DELIVERY OF COPY OF CODE.  (a)  When a

1-25     candidate or political committee files its campaign treasurer

1-26     appointment, the authority with whom the appointment is filed shall

1-27     give the candidate or political committee a blank form of the Code

1-28     of Fair Campaign Practices and a copy of this chapter.

1-29           (b)  The authority shall inform each candidate or political

1-30     committee that the candidate or committee may subscribe to and file

1-31     the code with the authority and that subscription to the code is

1-32     voluntary.

1-33           Sec. 258.004.  TEXT OF CODE.  The Code of Fair Campaign

1-34     Practices reads as follows:

1-35                       CODE OF FAIR CAMPAIGN PRACTICES

1-36           There are basic principles of decency, honesty, and fair play

1-37     that every candidate and political committee in this state has a

1-38     moral obligation to observe and uphold, in order that, after

1-39     vigorously contested but fairly conducted campaigns, our citizens

1-40     may exercise their constitutional rights to a free and untrammeled

1-41     choice and the will of the people may be fully and clearly

1-42     expressed on the issues.

1-43           THEREFORE:

1-44                 (1)  I will conduct the campaign openly and publicly

1-45     and limit attacks on my opponent to legitimate challenges to my

1-46     opponent's record and stated positions on issues.

1-47                 (2)  I will not use or permit the use of character

1-48     defamation, whispering campaigns, libel, slander, or scurrilous

1-49     attacks on any candidate or the candidate's personal or family

1-50     life.

1-51                 (3)  I will not use or permit any appeal to negative

1-52     prejudice based on race, sex, religion, or national origin.

1-53                 (4)  I will not use campaign material of any sort that

1-54     misrepresents, distorts, or otherwise falsifies the facts, nor will

1-55     I use malicious or unfounded accusations that aim at creating or

1-56     exploiting doubts, without justification, as to the personal

1-57     integrity or patriotism of my opponent.

1-58                 (5)  I will not undertake or condone any dishonest or

1-59     unethical practice that tends to corrupt or undermine our system of

1-60     free elections or that hampers or prevents the full and free

1-61     expression of the will of the voters, including any activity aimed

1-62     at intimidating voters or discouraging them from voting.

1-63                 (6)  I will defend and uphold the right of every

1-64     qualified voter to full and equal participation in the electoral

 2-1     process, and will not engage in any activity aimed at intimidating

 2-2     voters or discouraging them from voting.

 2-3                 (7)  I will immediately and publicly repudiate methods

 2-4     and tactics that may come from others that I have pledged not to

 2-5     use or condone.  I shall take firm action against any subordinate

 2-6     who violates any provision of this code or the laws governing

 2-7     elections.

 2-8           I, the undersigned, candidate for election to public office

 2-9     in the State of Texas or campaign treasurer of a political

2-10     committee, hereby voluntarily endorse, subscribe to,  and solemnly

2-11     pledge myself to conduct the campaign in accordance with the above

2-12     principles and practices.

2-13         _________________           _________________________________

2-14                 Date                          Signature

2-15           Sec. 258.005.  FORMS.  The commission shall print copies of

2-16     the Code of Fair Campaign Practices and shall supply the forms to

2-17     the authorities with whom copies of the code may be filed in

2-18     quantities and at times requested by the authorities.

2-19           Sec. 258.006.  ACCEPTANCE AND PRESERVATION OF COPIES.  (a)

2-20     An authority with whom a campaign treasurer appointment is filed

2-21     shall accept each completed copy of the code submitted to the

2-22     authority that is properly subscribed to by a candidate or the

2-23     campaign treasurer of a political committee.

2-24           (b)  Each copy of the code accepted under this section shall

2-25     be preserved by the authority with whom it is filed for the period

2-26     prescribed for the filer's campaign treasurer appointment.

2-27           Sec. 258.007.  SUBSCRIPTION TO CODE VOLUNTARY.   The

2-28     subscription to the Code of Fair Campaign Practices by a candidate

2-29     or a political committee is voluntary.

2-30           Sec. 258.008.  INDICATION ON POLITICAL ADVERTISING.  A

2-31     candidate or a political committee that has filed a copy of the

2-32     Code of Fair Campaign Practices may so indicate on political

2-33     advertising in a form to be determined by the commission.

2-34           Sec. 258.009.  CIVIL CAUSE OF ACTION.  This chapter does not

2-35     create a civil cause of action for recovery of damages or for

2-36     enforcement of this chapter.

2-37           SECTION 2.  A candidate or political committee that has a

2-38     campaign treasurer appointment on file on the effective date of

2-39     this Act may file the Code of Fair Campaign Practices authorized by

2-40     Chapter 258, Election Code, as added by this Act, with the

2-41     appropriate authority at any time.

2-42           SECTION 3.  This Act takes effect September 1, 1997.

2-43           SECTION 4.  The importance of this legislation and the

2-44     crowded condition of the calendars in both houses create an

2-45     emergency   and   an   imperative   public   necessity   that   the

2-46     constitutional rule requiring bills to be read on three several

2-47     days in each house be suspended, and this rule is hereby suspended.

2-48                                  * * * * *