81R2354 ESH-D
By: Shapleigh S.B. No. 307
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of telephone calls made by certain
persons for political advertising purposes; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 255, Election Code, is amended by adding
Section 255.010 to read as follows:
Sec. 255.010. REGULATION OF POLITICAL TELEPHONE
SOLICITATION. (a) This section applies only to a telephone call if
the person making the call is:
(1) an officer of a political committee or political
party executive committee;
(2) an officer, partner, or other representative of or
attorney for a corporation, partnership, or other business entity;
or
(3) an agent or other person acting on behalf of a
candidate, officeholder, political committee, political party
executive committee, corporation, partnership, or other business
entity.
(b) A person making a telephone call supporting or opposing
a candidate, officeholder, or measure must identify the person
sponsoring the call by stating:
(1) "paid for by _______ (name of persons sponsoring
the call)"; or
(2) "paid for on behalf of _______ (name of persons
authorizing call)".
(c) A person making a telephone call supporting or opposing
a candidate, officeholder, or measure may not state or imply that:
(1) the caller represents a person unless that person
has approved the representation in writing; or
(2) the caller represents a nonexistent person.
(d) A person who makes a telephone call, or a person
described by Subsection (a) who directs or causes the making of a
telephone call by a person other than a person described by
Subsection (a), that supports or opposes a candidate or
officeholder or supports a measure, other than a call that would
constitute a direct campaign expenditure, must receive the prior
written approval of the candidate or officeholder being supported,
any sponsor of the measure 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, officeholder, or sponsor with the authority
with whom the candidate, officeholder, or sponsor is required to
file a campaign treasurer appointment. For purposes of this
subsection, "sponsor" means the officeholder who sponsored
legislation or an ordinance requiring the submission of the measure
to the voters.
(e) This section does not apply to a telephone call:
(1) 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; or
(2) conducted for the purpose of polling respondents
concerning a candidate, officeholder, or measure that is a part of a
series of similar telephone calls that consists of fewer than 1,000
completed calls if the average duration of the calls is longer than
two minutes.
(f) This section applies to a person who makes a telephone
call to a person located in this state, regardless of the location
from which the call is made.
(g) A person who intentionally violates this section
commits an offense. Each telephone call made in violation of this
section constitutes a separate offense. An offense under this
subsection is a Class A misdemeanor.
SECTION 2. Section 255.010, Election Code, as added by this
Act, applies only to a telephone call made on or after September 1,
2009.
SECTION 3. This Act takes effect September 1, 2009.