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 * * * * *