89R714 CJD-D
By: Kolkhorst S.B. No. 880
A BILL TO BE ENTITLED
AN ACT
relating to political advertising distributed or broadcast as part
of a mass text message campaign and civil penalties for required
disclosures on certain political advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.001, Election Code, is amended by
amending Subdivision (16) and adding Subdivision (22) to read as
follows:
(16) "Political advertising" means a communication
supporting or opposing a candidate for nomination or election to a
public office or office of a political party, a political party, a
public officer, or a measure that:
(A) in return for consideration, is published in
a newspaper, magazine, or other periodical or is broadcast by radio
or television or as part of a mass text message campaign; or
(B) appears:
(i) in a pamphlet, circular, flier,
billboard or other sign, bumper sticker, or similar form of written
communication; or
(ii) on an Internet website.
(22) "Mass text message campaign" means an organized
effort in which a person sends a text message to multiple recipients
in support of or opposition to a candidate, a political party, a
public officer, or a measure and which involves an expenditure of
funds for the messages that exceed the basic cost of hardware,
messaging software, and bandwidth.
SECTION 2. Section 255.001, Election Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) A person who violates this section is liable to the
state for a civil penalty in an amount determined by the commission
not to exceed $10,000 [$4,000].
(f) For purposes of assessing a civil penalty under
Subsection (e), each individual text message that is distributed or
broadcast as part of a mass text message campaign in violation of
this section is a separate violation.
SECTION 3. The changes in law made by this Act apply only to
political advertising that is distributed or broadcast on or after
the effective date of this Act. The distribution or broadcasting of
political advertising before the effective date of this Act is
governed by the law in effect on the date the political advertising
was distributed or broadcast, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.