83R22754 ATP-F
By: Murphy H.B. No. 1398
Substitute the following for H.B. No. 1398:
By: Morrison C.S.H.B. No. 1398
A BILL TO BE ENTITLED
AN ACT
relating to required disclosures on political advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 255.001, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
(a-4), (a-5), and (a-6) to read as follows:
(a) A person may not knowingly cause to be published,
distributed, or broadcast political advertising containing express
advocacy that does not include [indicate] in the advertising:
(1) an indication that it is political advertising;
[and]
(2) the full name of:
(A) the person who paid for the political
advertising;
(B) the political committee authorizing the
political advertising; or
(C) the candidate or specific-purpose committee
supporting the candidate, if the political advertising is
authorized by the candidate;
(3) if the political advertising is authorized by the
candidate:
(A) for advertising transmitted through radio or
television, an audio statement made by the candidate that
identifies the candidate and states that the candidate has approved
the communication; and
(B) for advertising transmitted through
television:
(i) an unobscured, full-screen view of the
candidate making the audio statement or a clearly identifiable
photographic or similar image of the candidate accompanying the
audio statement; and
(ii) a statement in writing identifying the
candidate and stating that the candidate has approved the
communication that appears:
(a) at the end of the communication
for not less than four seconds; and
(b) in letters that are at least four
percent of the vertical screen height; and
(4) if the political advertising is not authorized by
the candidate:
(A) for advertising transmitted through radio or
television, an audio statement of the name of the person who paid
for the advertising, made by an individual named in the statement or
by a representative of a person named in the statement who is not an
individual; and
(B) for advertising transmitted through
television, a written statement that contains the name of the
person who paid for the advertising and that appears:
(i) at the end of the communication for not
less than four seconds; and
(ii) in letters that are at least four
percent of the vertical screen height.
(a-1) A disclosure required by this section must be
presented in a clear and conspicuous manner, to give the reader,
observer, or listener adequate notice of the political committee or
other person who authorized and, as applicable, paid for the
communication. A disclosure is not clear and conspicuous if it is
difficult to read, observe, or hear or if the placement is easily
overlooked.
(a-2) A photographic or similar image complies with
Subsection (a)(3)(B)(i) only if the image of the candidate is at
least 80 percent of the vertical screen height.
(a-3) A written disclosure satisfies the requirements of
Subsection (a-1) only if it:
(1) is clearly readable;
(2) is printed:
(A) in black text on a white background or is
printed so that the degree of contrast between the background color
and the disclosure text color is at least as great as the degree of
contrast between the background color and the color of the largest
text in the communication; and
(B) within a printed box set apart from the rest
of the contents of the communication;
(3) appears within the advertising, and appears on the
same side as all other printing on advertising that without the
disclosure would be one-sided; and
(4) is of sufficient type size to be clearly readable
and:
(A) if the advertising measures not more than 24
inches by 36 inches, is in at least 12-point type; and
(B) if the advertising appears on an Internet
website, is at least 12 pixels.
(a-4) If political advertising appears on a social media
website, a written disclosure that complies with Subsection (a-1)
and this subsection must appear on the appropriate social media
profile page. If political advertising on an Internet website is
too small to include the written disclosure in a manner that
complies with Subsection (a-1), a written disclosure appearing on
political advertising on an Internet website, including a social
media profile page, satisfies the requirements of Subsection (a-1)
if the disclosure links to another Internet website page that
displays the full disclosure statement and is operational and
freely accessible during the time the advertisement is visible.
Internet advertising that is too small to include a written
disclosure complying with Subsection (a-1) includes an
advertisement classified as a micro bar or button according to
applicable advertising standards, an advertisement that has 200 or
fewer characters, and a graphic or picture link in which including
the disclosure is not reasonably practical because of the size of
the graphic or picture link.
(a-5) Any political advertising included in a group of
materials that, if distributed separately, would require a
disclosure under this section must separately include the required
disclosure.
(a-6) Subsection (a) does not apply to political
advertising distributed by sending a text message using a mobile
communications service.
SECTION 2. This Act takes effect September 1, 2013.