Texas 2025 - 89th Regular

Texas House Bill HB366 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R21134 MZM-F
1	2		By: Phelan H.B. No. 366
2		-
3		-
	3	+	Substitute the following for H.B. No. 366:
	4	+	By: Darby C.S.H.B. No. 366
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to required disclosures on certain political advertising
9	10		that contains altered media; creating a criminal offense.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	12		SECTION 1. Chapter 255, Election Code, is amended by adding
12	13		Section 255.0015 to read as follows:
13	14		Sec. 255.0015. REQUIRED DISCLOSURE ON CERTAIN POLITICAL
14	15		ADVERTISING CONTAINING ALTERED MEDIA; CRIMINAL PENALTY. (a) This
15	16		section applies only to a person who:
16	17		(1) is an officeholder, candidate, or political
17	18		committee;
18	19		(2) makes expenditures during a reporting period that
19	20		in the aggregate exceed $100 for political advertising, other than
20	21		an expense to cover the basic cost of hardware, messaging software,
21	22		and bandwidth; or
22	23		(3) publishes, distributes, or broadcasts political
23	24		advertising described by Subsection (b) in return for
24	25		consideration.
25	26		(b) A person may not, with the intent to influence an
26	27		election, knowingly cause to be published, distributed, or
27	28		broadcast political advertising that includes an image, audio
28	29		recording, or video recording of an officeholder's or candidate's
29	30		appearance, speech, or conduct that did not occur in reality,
30	31		including an image, audio recording, or video recording that has
31	32		been altered using generative artificial intelligence technology,
32		-	unless:
33		-	(1) the image or video recording has only been altered
34		-	to change the saturation, brightness, contrast, color, or any other
35		-	superficial quality of the image or video; or
36		-	(2) the political advertising includes a disclosure
37		-	from the person or another person on whose behalf the political
38		-	advertising is published, distributed, or broadcast indicating
39		-	that the image, audio recording, or video recording did not occur in
40		-	reality.
	33	+	unless the political advertising includes a disclosure from the
	34	+	person or another person on whose behalf the political advertising
	35	+	is published, distributed, or broadcast indicating that the image,
	36	+	audio recording, or video recording did not occur in reality.
41	37		(c) The commission by rule shall prescribe the form of the
42	38		disclosure required by Subsection (b), including the font, size,
43	39		and color of the disclosure. The commission shall ensure that the
44	40		form of the disclosure is consistent with other required
45	41		disclosures on political advertising.
46	42		(d) A person commits an offense if the person violates this
47	43		section. An offense under this section is a Class A misdemeanor.
48	44		(e) This section does not impose liability on any of the
49	45		following persons for political advertising published,
50	46		distributed, or broadcast by or at the direction of another person:
51	47		(1) an interactive computer service, as defined by 47
52	48		U.S.C. Section 230(f);
53	49		(2) an Internet service provider, cloud service
54	50		provider, cybersecurity service provider, communication service
55	51		provider, or telecommunications network;
56	52		(3) a radio or television broadcaster, including a
57	53		cable or satellite television network operator, programmer, or
58	54		producer; or
59	55		(4) the owner or operator of a commercial sign, as
60	56		defined by Section 391.001, Transportation Code.
61	57		SECTION 2. This Act takes effect September 1, 2025.