| 1 | 1 | | 81R2354 ESH-D |
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| 2 | 2 | | By: Shapleigh S.B. No. 307 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of telephone calls made by certain |
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| 8 | 8 | | persons for political advertising purposes; providing a criminal |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 255, Election Code, is amended by adding |
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| 12 | 12 | | Section 255.010 to read as follows: |
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| 13 | 13 | | Sec. 255.010. REGULATION OF POLITICAL TELEPHONE |
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| 14 | 14 | | SOLICITATION. (a) This section applies only to a telephone call if |
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| 15 | 15 | | the person making the call is: |
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| 16 | 16 | | (1) an officer of a political committee or political |
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| 17 | 17 | | party executive committee; |
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| 18 | 18 | | (2) an officer, partner, or other representative of or |
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| 19 | 19 | | attorney for a corporation, partnership, or other business entity; |
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| 20 | 20 | | or |
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| 21 | 21 | | (3) an agent or other person acting on behalf of a |
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| 22 | 22 | | candidate, officeholder, political committee, political party |
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| 23 | 23 | | executive committee, corporation, partnership, or other business |
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| 24 | 24 | | entity. |
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| 25 | 25 | | (b) A person making a telephone call supporting or opposing |
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| 26 | 26 | | a candidate, officeholder, or measure must identify the person |
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| 27 | 27 | | sponsoring the call by stating: |
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| 28 | 28 | | (1) "paid for by _______ (name of persons sponsoring |
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| 29 | 29 | | the call)"; or |
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| 30 | 30 | | (2) "paid for on behalf of _______ (name of persons |
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| 31 | 31 | | authorizing call)". |
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| 32 | 32 | | (c) A person making a telephone call supporting or opposing |
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| 33 | 33 | | a candidate, officeholder, or measure may not state or imply that: |
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| 34 | 34 | | (1) the caller represents a person unless that person |
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| 35 | 35 | | has approved the representation in writing; or |
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| 36 | 36 | | (2) the caller represents a nonexistent person. |
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| 37 | 37 | | (d) A person who makes a telephone call, or a person |
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| 38 | 38 | | described by Subsection (a) who directs or causes the making of a |
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| 39 | 39 | | telephone call by a person other than a person described by |
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| 40 | 40 | | Subsection (a), that supports or opposes a candidate or |
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| 41 | 41 | | officeholder or supports a measure, other than a call that would |
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| 42 | 42 | | constitute a direct campaign expenditure, must receive the prior |
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| 43 | 43 | | written approval of the candidate or officeholder being supported, |
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| 44 | 44 | | any sponsor of the measure being supported, or at least one opponent |
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| 45 | 45 | | of the candidate or officeholder being opposed. Before the call may |
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| 46 | 46 | | be made, a copy of the written approval must be filed by the |
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| 47 | 47 | | approving candidate, officeholder, or sponsor with the authority |
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| 48 | 48 | | with whom the candidate, officeholder, or sponsor is required to |
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| 49 | 49 | | file a campaign treasurer appointment. For purposes of this |
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| 50 | 50 | | subsection, "sponsor" means the officeholder who sponsored |
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| 51 | 51 | | legislation or an ordinance requiring the submission of the measure |
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| 52 | 52 | | to the voters. |
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| 53 | 53 | | (e) This section does not apply to a telephone call: |
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| 54 | 54 | | (1) in which the individual making the call is not |
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| 55 | 55 | | being paid to make the call and the individuals participating in the |
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| 56 | 56 | | call know each other before the call is made; or |
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| 57 | 57 | | (2) conducted for the purpose of polling respondents |
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| 58 | 58 | | concerning a candidate, officeholder, or measure that is a part of a |
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| 59 | 59 | | series of similar telephone calls that consists of fewer than 1,000 |
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| 60 | 60 | | completed calls if the average duration of the calls is longer than |
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| 61 | 61 | | two minutes. |
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| 62 | 62 | | (f) This section applies to a person who makes a telephone |
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| 63 | 63 | | call to a person located in this state, regardless of the location |
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| 64 | 64 | | from which the call is made. |
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| 65 | 65 | | (g) A person who intentionally violates this section |
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| 66 | 66 | | commits an offense. Each telephone call made in violation of this |
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| 67 | 67 | | section constitutes a separate offense. An offense under this |
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| 68 | 68 | | subsection is a Class A misdemeanor. |
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| 69 | 69 | | SECTION 2. Section 255.010, Election Code, as added by this |
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| 70 | 70 | | Act, applies only to a telephone call made on or after September 1, |
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| 71 | 71 | | 2009. |
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| 72 | 72 | | SECTION 3. This Act takes effect September 1, 2009. |
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