Texas 2013 - 83rd Regular

Texas House Bill HB1398 Compare Versions

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Old	New	Differences
1	1	83R22754 ATP-F
2	2	By: Murphy H.B. No. 1398
3	3	Substitute the following for H.B. No. 1398:
4	4	By: Morrison C.S.H.B. No. 1398
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to required disclosures on political advertising.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 255.001, Election Code, is amended by
12	12	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
13	13	(a-4), (a-5), and (a-6) to read as follows:
14	14	(a) A person may not knowingly cause to be published,
15	15	distributed, or broadcast political advertising containing express
16	16	advocacy that does not include [indicate] in the advertising:
17	17	(1) an indication that it is political advertising;
18	18	[and]
19	19	(2) the full name of:
20	20	(A) the person who paid for the political
21	21	advertising;
22	22	(B) the political committee authorizing the
23	23	political advertising; or
24	24	(C) the candidate or specific-purpose committee
25	25	supporting the candidate, if the political advertising is
26	26	authorized by the candidate;
27	27	(3) if the political advertising is authorized by the
28	28	candidate:
29	29	(A) for advertising transmitted through radio or
30	30	television, an audio statement made by the candidate that
31	31	identifies the candidate and states that the candidate has approved
32	32	the communication; and
33	33	(B) for advertising transmitted through
34	34	television:
35	35	(i) an unobscured, full-screen view of the
36	36	candidate making the audio statement or a clearly identifiable
37	37	photographic or similar image of the candidate accompanying the
38	38	audio statement; and
39	39	(ii) a statement in writing identifying the
40	40	candidate and stating that the candidate has approved the
41	41	communication that appears:
42	42	(a) at the end of the communication
43	43	for not less than four seconds; and
44	44	(b) in letters that are at least four
45	45	percent of the vertical screen height; and
46	46	(4) if the political advertising is not authorized by
47	47	the candidate:
48	48	(A) for advertising transmitted through radio or
49	49	television, an audio statement of the name of the person who paid
50	50	for the advertising, made by an individual named in the statement or
51	51	by a representative of a person named in the statement who is not an
52	52	individual; and
53	53	(B) for advertising transmitted through
54	54	television, a written statement that contains the name of the
55	55	person who paid for the advertising and that appears:
56	56	(i) at the end of the communication for not
57	57	less than four seconds; and
58	58	(ii) in letters that are at least four
59	59	percent of the vertical screen height.
60	60	(a-1) A disclosure required by this section must be
61	61	presented in a clear and conspicuous manner, to give the reader,
62	62	observer, or listener adequate notice of the political committee or
63	63	other person who authorized and, as applicable, paid for the
64	64	communication. A disclosure is not clear and conspicuous if it is
65	65	difficult to read, observe, or hear or if the placement is easily
66	66	overlooked.
67	67	(a-2) A photographic or similar image complies with
68	68	Subsection (a)(3)(B)(i) only if the image of the candidate is at
69	69	least 80 percent of the vertical screen height.
70	70	(a-3) A written disclosure satisfies the requirements of
71	71	Subsection (a-1) only if it:
72	72	(1) is clearly readable;
73	73	(2) is printed:
74	74	(A) in black text on a white background or is
75	75	printed so that the degree of contrast between the background color
76	76	and the disclosure text color is at least as great as the degree of
77	77	contrast between the background color and the color of the largest
78	78	text in the communication; and
79	79	(B) within a printed box set apart from the rest
80	80	of the contents of the communication;
81	81	(3) appears within the advertising, and appears on the
82	82	same side as all other printing on advertising that without the
83	83	disclosure would be one-sided; and
84	84	(4) is of sufficient type size to be clearly readable
85	85	and:
86	86	(A) if the advertising measures not more than 24
87	87	inches by 36 inches, is in at least 12-point type; and
88	88	(B) if the advertising appears on an Internet
89	89	website, is at least 12 pixels.
90	90	(a-4) If political advertising appears on a social media
91	91	website, a written disclosure that complies with Subsection (a-1)
92	92	and this subsection must appear on the appropriate social media
93	93	profile page. If political advertising on an Internet website is
94	94	too small to include the written disclosure in a manner that
95	95	complies with Subsection (a-1), a written disclosure appearing on
96	96	political advertising on an Internet website, including a social
97	97	media profile page, satisfies the requirements of Subsection (a-1)
98	98	if the disclosure links to another Internet website page that
99	99	displays the full disclosure statement and is operational and
100	100	freely accessible during the time the advertisement is visible.
101	101	Internet advertising that is too small to include a written
102	102	disclosure complying with Subsection (a-1) includes an
103	103	advertisement classified as a micro bar or button according to
104	104	applicable advertising standards, an advertisement that has 200 or
105	105	fewer characters, and a graphic or picture link in which including
106	106	the disclosure is not reasonably practical because of the size of
107	107	the graphic or picture link.
108	108	(a-5) Any political advertising included in a group of
109	109	materials that, if distributed separately, would require a
110	110	disclosure under this section must separately include the required
111	111	disclosure.
112	112	(a-6) Subsection (a) does not apply to political
113	113	advertising distributed by sending a text message using a mobile
114	114	communications service.
115	115	SECTION 2. This Act takes effect September 1, 2013.