BILL ANALYSIS Senate Research Center C.S.S.B. 893 89R18092 CJD-F By: Johnson State Affairs 3/10/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In order for elections to operate smoothly and fairly, it is imperative that voters are not misled or deceived by partisan political advertising. Therefore, the Election Code makes it illegal for someone to create or distribute a "deep fake video" with the intent to injure a candidate in an election or influence the outcome of an election. A deep fake video is defined as a video that appears to depict a real person performing an action that did not actually occur. However, with technology rapidly evolving, deep fake videos are not the only type of deception that voters need to be wary of in political advertising. Altered images can also be created and distributed with the intent to injure a candidate by altering a candidate's appearance or depicting the candidate performing an action that did not actually occur. In lieu of these technological advancements, S.B. 893 seeks to update the Election Code by creating a misdemeanor offense for anyone who creates or distributes an altered image of a candidate. S.B. 893 creates a class B misdemeanor offense for a person who, with the intent to deceive and influence the result of an election, creates or distributes an altered image. The bill defines "altered image" as an image that has been manipulated to change the physical appearance of an individual or depict the individual performing an action that did not occur. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 893 amends current law relating to criminal offenses for creating and distributing certain misleading images and videos and creates a criminal offense. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Section 255.004, Election Code, to read as follows: Sec. 255.004. FALSE IMAGES, VIDEOS, AND SOURCES OF COMMUNICATION. SECTION 2. Amends Section 255.004, Election Code, by amending Subsections (c), (d), and (e) and adding Subsections (d-1) and (d-2), as follows: (c) Provides that an offense under Subsection (a) (relating to providing that a person commits an offense if the person prints, publishes, or broadcasts political advertising that purports to emanate from a source other than its true source), (b) (relating to providing that a person commits an offense if the person knowingly represents in a campaign communication that the communication emanates from a source other than its true source), or (d), rather than an offense under this section, is a Class A misdemeanor. Provides that an offense under Subsection (d-1) is a Class B misdemeanor. (d) Provides that a person commits an offense if the person, with the intent to deceive and with the intent to injure a candidate or influence the result of an election: (1) creates or causes to be created a deep fake video; and (2) publishes, distributes, or causes to be published or distributed the deep fake video, rather than causes the deep fake video to be published or distributed within 30 days of an election. (d-1) Provides that a person commits an offense if the person, with the intent to deceive and influence the result of an election, creates or causes to be created an altered image and publishes, distributes, or causes to be published or distributed the altered image. (d-2) Provides that it is an affirmative defense to prosecution for an offense under Subsection (d-1) if the person includes on the image a clear label stating that the image is altered. (e) Defines "altered image" and redefines "deep fake video." SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 893
89R18092 CJD-F By: Johnson
State Affairs
3/10/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 893
89R18092 CJD-F
By: Johnson
State Affairs
3/10/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In order for elections to operate smoothly and fairly, it is imperative that voters are not misled or deceived by partisan political advertising. Therefore, the Election Code makes it illegal for someone to create or distribute a "deep fake video" with the intent to injure a candidate in an election or influence the outcome of an election. A deep fake video is defined as a video that appears to depict a real person performing an action that did not actually occur.
However, with technology rapidly evolving, deep fake videos are not the only type of deception that voters need to be wary of in political advertising. Altered images can also be created and distributed with the intent to injure a candidate by altering a candidate's appearance or depicting the candidate performing an action that did not actually occur. In lieu of these technological advancements, S.B. 893 seeks to update the Election Code by creating a misdemeanor offense for anyone who creates or distributes an altered image of a candidate.
S.B. 893 creates a class B misdemeanor offense for a person who, with the intent to deceive and influence the result of an election, creates or distributes an altered image. The bill defines "altered image" as an image that has been manipulated to change the physical appearance of an individual or depict the individual performing an action that did not occur.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 893 amends current law relating to criminal offenses for creating and distributing certain misleading images and videos and creates a criminal offense.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Section 255.004, Election Code, to read as follows:
Sec. 255.004. FALSE IMAGES, VIDEOS, AND SOURCES OF COMMUNICATION.
SECTION 2. Amends Section 255.004, Election Code, by amending Subsections (c), (d), and (e) and adding Subsections (d-1) and (d-2), as follows:
(c) Provides that an offense under Subsection (a) (relating to providing that a person commits an offense if the person prints, publishes, or broadcasts political advertising that purports to emanate from a source other than its true source), (b) (relating to providing that a person commits an offense if the person knowingly represents in a campaign communication that the communication emanates from a source other than its true source), or (d), rather than an offense under this section, is a Class A misdemeanor. Provides that an offense under Subsection (d-1) is a Class B misdemeanor.
(d) Provides that a person commits an offense if the person, with the intent to deceive and with the intent to injure a candidate or influence the result of an election:
(1) creates or causes to be created a deep fake video; and
(2) publishes, distributes, or causes to be published or distributed the deep fake video, rather than causes the deep fake video to be published or distributed within 30 days of an election.
(d-1) Provides that a person commits an offense if the person, with the intent to deceive and influence the result of an election, creates or causes to be created an altered image and publishes, distributes, or causes to be published or distributed the altered image.
(d-2) Provides that it is an affirmative defense to prosecution for an offense under Subsection (d-1) if the person includes on the image a clear label stating that the image is altered.
(e) Defines "altered image" and redefines "deep fake video."
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2025.