89R21134 MZM-F
By: Phelan H.B. No. 366
Substitute the following for H.B. No. 366:
By: Darby C.S.H.B. No. 366
A BILL TO BE ENTITLED
AN ACT
relating to required disclosures on certain political advertising
that contains altered media; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 255, Election Code, is amended by adding
Section 255.0015 to read as follows:
Sec. 255.0015. REQUIRED DISCLOSURE ON CERTAIN POLITICAL
ADVERTISING CONTAINING ALTERED MEDIA; CRIMINAL PENALTY. (a) This
section applies only to a person who:
(1) is an officeholder, candidate, or political
committee;
(2) makes expenditures during a reporting period that
in the aggregate exceed $100 for political advertising, other than
an expense to cover the basic cost of hardware, messaging software,
and bandwidth; or
(3) publishes, distributes, or broadcasts political
advertising described by Subsection (b) in return for
consideration.
(b) A person may not, with the intent to influence an
election, knowingly cause to be published, distributed, or
broadcast political advertising that includes an image, audio
recording, or video recording of an officeholder's or candidate's
appearance, speech, or conduct that did not occur in reality,
including an image, audio recording, or video recording that has
been altered using generative artificial intelligence technology,
unless the political advertising includes a disclosure from the
person or another person on whose behalf the political advertising
is published, distributed, or broadcast indicating that the image,
audio recording, or video recording did not occur in reality.
(c) The commission by rule shall prescribe the form of the
disclosure required by Subsection (b), including the font, size,
and color of the disclosure. The commission shall ensure that the
form of the disclosure is consistent with other required
disclosures on political advertising.
(d) A person commits an offense if the person violates this
section. An offense under this section is a Class A misdemeanor.
(e) This section does not impose liability on any of the
following persons for political advertising published,
distributed, or broadcast by or at the direction of another person:
(1) an interactive computer service, as defined by 47
U.S.C. Section 230(f);
(2) an Internet service provider, cloud service
provider, cybersecurity service provider, communication service
provider, or telecommunications network;
(3) a radio or television broadcaster, including a
cable or satellite television network operator, programmer, or
producer; or
(4) the owner or operator of a commercial sign, as
defined by Section 391.001, Transportation Code.
SECTION 2. This Act takes effect September 1, 2025.