By: Geren H.B. No. 3684
A BILL TO BE ENTITLED
AN ACT
relating to political advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 255.001, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsections (a-1) and
(a-2) 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,
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) a clearly identifiable photographic or
similar image of the candidate; 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,
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) An Internet website containing political advertising
must contain the disclosure required by this section on each page of
the website containing the political advertising. The disclosure
must appear:
(1) in a printed box set apart from the rest of the
contents of the page;
(2) in a font size that is at least 12 pixels; and
(3) in black text on a white background or in a text
color 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 on the page.
(a-2) If political advertising appears on a social media
website, a disclosure that complies with Subsection (a-1) must
appear on the appropriate social media profile page. If political
advertising on an Internet website, including a social media
profile page, is too small to include the disclosure in a manner
that complies with Subsection (a-1), the disclosure satisfies the
requirements of Subsection (a-1) if the disclosure links to another
Internet website page that displays the full disclosure and is
operational and freely accessible during the time the advertisement
is visible. Internet advertising that is too small to include a
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.
(d) This section does not apply to:
(1) tickets or invitations to political fund-raising
events;
(2) campaign buttons, pins, hats, or similar campaign
materials; [or]
(3) circulars or flyers that cost in the aggregate
less than $500 to publish and distribute; or
(4) political advertising distributed by sending a
text message using a mobile communications service.
SECTION 2. This Act takes effect September 1, 2015.