Texas 2015 - 84th Regular

Texas House Bill HB3684 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Geren H.B. No. 3684
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to political advertising.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 255.001, Election Code, is amended by
9	9	amending Subsections (a) and (d) and adding Subsections (a-1) and
10	10	(a-2) to read as follows:
11	11	(a) A person may not knowingly cause to be published,
12	12	distributed, or broadcast political advertising containing express
13	13	advocacy that does not include [indicate] in the advertising:
14	14	(1) an indication that it is political advertising;
15	15	[and]
16	16	(2) the full name of:
17	17	(A) the person who paid for the political
18	18	advertising;
19	19	(B) the political committee authorizing the
20	20	political advertising; or
21	21	(C) the candidate or specific-purpose committee
22	22	supporting the candidate, if the political advertising is
23	23	authorized by the candidate;
24	24	(3) if the political advertising is authorized by the
25	25	candidate:
26	26	(A) for advertising transmitted through radio,
27	27	an audio statement made by the candidate that identifies the
28	28	candidate and states that the candidate has approved the
29	29	communication; and
30	30	(B) for advertising transmitted through
31	31	television:
32	32	(i) a clearly identifiable photographic or
33	33	similar image of the candidate; and
34	34	(ii) a statement in writing identifying the
35	35	candidate and stating that the candidate has approved the
36	36	communication that appears:
37	37	(a) at the end of the communication
38	38	for not less than four seconds; and
39	39	(b) in letters that are at least four
40	40	percent of the vertical screen height; and
41	41	(4) if the political advertising is not authorized by
42	42	the candidate:
43	43	(A) for advertising transmitted through radio,
44	44	an audio statement of the name of the person who paid for the
45	45	advertising, made by an individual named in the statement or by a
46	46	representative of a person named in the statement who is not an
47	47	individual; and
48	48	(B) for advertising transmitted through
49	49	television, a written statement that contains the name of the
50	50	person who paid for the advertising and that appears:
51	51	(i) at the end of the communication for not
52	52	less than four seconds; and
53	53	(ii) in letters that are at least four
54	54	percent of the vertical screen height.
55	55	(a-1) An Internet website containing political advertising
56	56	must contain the disclosure required by this section on each page of
57	57	the website containing the political advertising. The disclosure
58	58	must appear:
59	59	(1) in a printed box set apart from the rest of the
60	60	contents of the page;
61	61	(2) in a font size that is at least 12 pixels; and
62	62	(3) in black text on a white background or in a text
63	63	color so that the degree of contrast between the background color
64	64	and the disclosure text color is at least as great as the degree of
65	65	contrast between the background color and the color of the largest
66	66	text on the page.
67	67	(a-2) If political advertising appears on a social media
68	68	website, a disclosure that complies with Subsection (a-1) must
69	69	appear on the appropriate social media profile page. If political
70	70	advertising on an Internet website, including a social media
71	71	profile page, is too small to include the disclosure in a manner
72	72	that complies with Subsection (a-1), the disclosure satisfies the
73	73	requirements of Subsection (a-1) if the disclosure links to another
74	74	Internet website page that displays the full disclosure and is
75	75	operational and freely accessible during the time the advertisement
76	76	is visible. Internet advertising that is too small to include a
77	77	disclosure complying with Subsection (a-1) includes an
78	78	advertisement classified as a micro bar or button according to
79	79	applicable advertising standards, an advertisement that has 200 or
80	80	fewer characters, and a graphic or picture link in which including
81	81	the disclosure is not reasonably practical because of the size of
82	82	the graphic or picture link.
83	83	(d) This section does not apply to:
84	84	(1) tickets or invitations to political fund-raising
85	85	events;
86	86	(2) campaign buttons, pins, hats, or similar campaign
87	87	materials; [or]
88	88	(3) circulars or flyers that cost in the aggregate
89	89	less than $500 to publish and distribute; or
90	90	(4) political advertising distributed by sending a
91	91	text message using a mobile communications service.
92	92	SECTION 2. This Act takes effect September 1, 2015.