Texas 2009 - 81st Regular

Texas House Bill HB478 Compare Versions

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Old	New	Differences
1	1	81R30412 ESH-D
2	2	By: Heflin H.B. No. 478
3	3	Substitute the following for H.B. No. 478:
4	4	By: Bohac C.S.H.B. No. 478
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to automated telephone solicitation containing political
10	10	advertising; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 255, Election Code, is amended by adding
13	13	Section 255.009 to read as follows:
14	14	Sec. 255.009. REGULATION OF AUTOMATED POLITICAL TELEPHONE
15	15	SOLICITATION. (a) This section applies only to a telephone call
16	16	supporting or opposing a candidate for public office or an
17	17	officeholder that:
18	18	(1) is made through the use of an automatic dial
19	19	announcing device or similar automated dialing system; and
20	20	(2) is made by an officer, an agent, or other person
21	21	acting on behalf of a candidate, officeholder, political committee,
22	22	or political party executive committee.
23	23	(b) A person making an automated telephone call supporting
24	24	or opposing a candidate or officeholder must:
25	25	(1) state that the telephone call is political
26	26	advertising;
27	27	(2) identify the candidate or officeholder supported
28	28	or opposed and whether the person making the call supports or
29	29	opposes the candidate or officeholder; and
30	30	(3) identify the person sponsoring the call by
31	31	stating:
32	32	(A) "paid for by _______ (name of persons
33	33	sponsoring the call)"; or
34	34	(B) "paid for on behalf of _______ (name of
35	35	persons authorizing the call)".
36	36	(c) A person making an automated telephone call supporting
37	37	or opposing a candidate or officeholder may not state or imply that
38	38	the caller represents a person unless that person has approved the
39	39	representation in writing.
40	40	(d) A person who makes an automated telephone call, or a
41	41	person described by Subsection (a) who directs or causes the making
42	42	of an automated telephone call by a person other than a person
43	43	described by Subsection (a), that supports or opposes a candidate
44	44	or officeholder, other than a call that would constitute a direct
45	45	campaign expenditure, must receive the prior written approval of
46	46	the candidate or officeholder being supported or at least one
47	47	opponent of the candidate or officeholder being opposed. Before
48	48	the call may be made, a copy of the written approval must be filed by
49	49	the approving candidate or officeholder with:
50	50	(1) in the case of a candidate, the authority with whom
51	51	the candidate is required to file a campaign treasurer appointment;
52	52	or
53	53	(2) in the case of an officeholder, the authority with
54	54	whom the officeholder would be required to file a campaign
55	55	treasurer appointment if the officeholder were a candidate for the
56	56	office held.
57	57	(e) An automated telephone call that is approved by a
58	58	candidate or officeholder must include the following statement,
59	59	recorded by the candidate or officeholder:
60	60	"My name is (name of candidate or officeholder) and I
61	61	approved this telephone call."
62	62	(f) An automated telephone call may not be made using any
63	63	device or technology that results in the call appearing on a caller
64	64	ID machine as "blocked," "private," "unknown name," or "unknown
65	65	caller."
66	66	(g) This section does not apply to a telephone call in which
67	67	the individual making the call is not being paid to make the call
68	68	and the individuals participating in the call know each other
69	69	before the call is made.
70	70	(h) This section applies to a person who makes an automated
71	71	telephone call to a person located in this state, regardless of the
72	72	location from which the call is made.
73	73	(i) A person who intentionally violates this section is
74	74	liable to the state for a civil penalty in an amount determined by
75	75	the commission not to exceed $4,000.
76	76	SECTION 2. Section 255.009, Election Code, as added by this
77	77	Act, applies only to a telephone call made on or after September 1,
78	78	2009.
79	79	SECTION 3. This Act takes effect September 1, 2009.