81R2648 ESH-D
By: Heflin H.B. No. 478
A BILL TO BE ENTITLED
AN ACT
relating to political advertising; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 255, Election Code, is amended by adding
Sections 255.009 and 255.010 to read as follows:
Sec. 255.009. REGULATION OF AUTOMATED POLITICAL TELEPHONE
SOLICITATION. (a) This section applies only to a telephone call
supporting or opposing a candidate for public office or an
officeholder that:
(1) is made through the use of an automatic dial
announcing device or similar automated dialing system; and
(2) is made by an officer, an agent, or other person
acting on behalf of a candidate, officeholder, political committee,
or political party executive committee.
(b) A person making an automated telephone call supporting
or opposing a candidate or officeholder must:
(1) state that the telephone call is political
advertising;
(2) identify the candidate or officeholder supported
or opposed and whether the person making the call supports or
opposes the candidate or officeholder; and
(3) identify the person sponsoring the call by
stating:
(A) "paid for by _______ (name of persons
sponsoring the call)"; or
(B) "paid for on behalf of _______ (name of
persons authorizing the call)".
(c) A person making an automated telephone call supporting
or opposing a candidate or officeholder may not state or imply that
the caller represents a person unless that person has approved the
representation in writing.
(d) A person who makes an automated telephone call, or a
person described by Subsection (a) who directs or causes the making
of an automated telephone call by a person other than a person
described by Subsection (a), that supports or opposes a candidate
or officeholder, other than a call that would constitute a direct
campaign expenditure, must receive the prior written approval of
the candidate or officeholder being supported or at least one
opponent of the candidate or officeholder being opposed. Before
the call may be made, a copy of the written approval must be filed by
the approving candidate or officeholder with:
(1) in the case of a candidate, the authority with whom
the candidate is required to file a campaign treasurer appointment;
or
(2) in the case of an officeholder, the authority with
whom the officeholder would be required to file a campaign
treasurer appointment if the officeholder were a candidate for the
office held.
(e) An automated telephone call that is approved by a
candidate or officeholder must include the following statement,
recorded by the candidate or officeholder:
"My name is (name of candidate or officeholder) and I
approved this telephone call."
(f) An automated telephone call may not be made using any
device or technology that results in the call appearing on a caller
ID machine as "blocked," "private," "unknown name," or "unknown
caller."
(g) This section does not apply to a telephone call in which
the individual making the call is not being paid to make the call
and the individuals participating in the call know each other
before the call is made.
(h) This section applies to a person who makes an automated
telephone call to a person located in this state, regardless of the
location from which the call is made.
(i) A person who intentionally violates this section is
liable to the state for a civil penalty in an amount determined by
the commission not to exceed $4,000.
Sec. 255.010. USE OF ALTERED OR DISTORTED PHOTOGRAPH IN
POLITICAL ADVERTISING PROHIBITED. (a) A candidate or political
committee may not knowingly publish, broadcast, distribute, or
contract for the publication, broadcast, or distribution of
political advertising that contains a photograph of the candidate's
opponent or of a candidate the committee opposes that has been
altered or distorted in a manner that a reasonable person would find
to be unflattering or uncomplimentary.
(b) A person who intentionally violates this section is
liable to the state for a civil penalty in an amount determined by
the commission not to exceed $4,000.
SECTION 2. (a) Section 255.009, Election Code, as added by
this Act, applies only to a telephone call made on or after
September 1, 2009.
(b) Section 255.010, Election Code, as added by this Act,
applies only to political advertising that is published, broadcast,
or distributed on or after September 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.