89R2156 MPF-D By: González of El Paso H.B. No. 401 A BILL TO BE ENTITLED AN ACT relating to a criminal offense for creating and distributing certain misleading videos with the intent to influence the outcome of an election. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 255.004(d), Election Code, is amended to read as follows: (d) A person commits an offense if the person, with intent to injure a candidate or influence the result of an election: (1) creates a deep fake video; and (2) causes the deep fake video to be published or distributed [within 30 days of an election]. SECTION 2. Section 255.004, Election Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3. This Act takes effect September 1, 2025.