CHAPTER 258. FAIR CAMPAIGN PRACTICES - Texas Statutes

ELECTION CODE

TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS

CHAPTER 258. FAIR CAMPAIGN PRACTICES

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

Fair Campaign Practices Act.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

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 that every candidate and

political committee that subscribes to the Code of Fair Campaign

Practices will follow the basic principles of decency, honesty,

and fair play to encourage healthy competition and open

discussion of issues and candidate qualifications and to

discourage practices that cloud the issues or unfairly attack

opponents.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

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 shall 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 shall inform each candidate or political

committee that the candidate or committee may subscribe to and

file the code with the authority and that subscription to the

code is voluntary.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

Sec. 258.004. TEXT OF CODE. The Code of Fair Campaign Practices

reads as follows:

CODE OF FAIR CAMPAIGN PRACTICES

There are basic principles of decency, honesty, and fair play

that every candidate and political committee in this state has a

moral obligation to observe and uphold, in order that, after

vigorously contested but fairly conducted campaigns, our citizens

may exercise their constitutional rights to a free and

untrammeled choice and the will of the people may be fully and

clearly expressed on the issues.

THEREFORE:

(1) I will conduct the campaign openly and publicly and limit

attacks on my opponent to legitimate challenges to my opponent's

record and stated positions on issues.

(2) I will not use or permit the use of character defamation,

whispering campaigns, libel, slander, or scurrilous attacks on

any candidate or the candidate's personal or family life.

(3) I will not use or permit any appeal to negative prejudice

based on race, sex, religion, or national origin.

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

misrepresents, distorts, or otherwise falsifies the facts, nor

will I use malicious or unfounded accusations that aim at

creating or exploiting doubts, without justification, as to the

personal integrity or patriotism of my opponent.

(5) I will not undertake or condone any dishonest or unethical

practice that tends to corrupt or undermine our system of free

elections or that hampers or prevents the full and free

expression of the will of the voters, including any activity

aimed at intimidating voters or discouraging them from voting.

(6) I will defend and uphold the right of every qualified voter

to full and equal participation in the electoral process, and

will not engage in any activity aimed at intimidating voters or

discouraging them from voting.

(7) I will immediately and publicly repudiate methods and

tactics that may come from others that I have pledged not to use

or condone. I shall take firm action against any subordinate who

violates any provision of this code or the laws governing

elections.

I, the undersigned, candidate for election to public office in

the State of Texas or campaign treasurer of a political

committee, hereby voluntarily endorse, subscribe to, and solemnly

pledge myself to conduct the campaign in accordance with the

above principles and practices.

______________

____________________

Date

Signature

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

Sec. 258.005. FORMS. The commission shall print copies of the

Code of Fair Campaign Practices and shall supply the forms to the

authorities with whom copies of the code may be filed in

quantities and at times requested by the authorities.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

Sec. 258.006. ACCEPTANCE AND PRESERVATION OF COPIES. (a) An

authority with whom a campaign treasurer appointment is filed

shall accept each completed copy of the code submitted to the

authority that is properly subscribed to by a candidate or the

campaign treasurer of a political committee.

(b) Each copy of the code accepted under this section shall be

preserved by the authority with whom it is filed for the period

prescribed for the filer's campaign treasurer appointment.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

Sec. 258.007. SUBSCRIPTION TO CODE VOLUNTARY. The subscription

to the Code of Fair Campaign Practices by a candidate or a

political committee is voluntary.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

Sec. 258.008. INDICATION ON POLITICAL ADVERTISING. A candidate

or a political committee that has filed a copy of the Code of

Fair Campaign Practices may so indicate on political advertising

in a form to be determined by the commission.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.

Sec. 258.009. CIVIL CAUSE OF ACTION. This chapter does not

create a civil cause of action for recovery of damages or for

enforcement of this chapter.

Added by Acts 1997, 75th Leg., ch. 168, Sec. 1, eff. Sept. 1,

1997.