BILL ANALYSIS

H.B. 4958

By: Phelan

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee of concerns over the lack of transparency in political advertising for officeholders not currently on an election ballot, and that there is a need for clear disclosure regarding who is funding such political advertisements to ensure voters are informed about the sources of political influence. H.B. 4958 seeks to address the issue of insufficient disclosure on political advertising supporting or opposing an officeholder whose name is not on an election ballot at the time the political advertising is published, distributed, or broadcast.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Ethics Commission in SECTION 1 of this bill.

ANALYSIS

H.B. 4958 amends the Election Code to prohibit a person from knowingly causing to be published, distributed, or broadcast political advertising supporting or opposing an officeholder whose name is not on an election ballot at the time the political advertising is published, distributed, or broadcast unless the political advertising indicates the following in the form and manner the Texas Ethics Commission (TEC) requires by rule:

·         that the political advertising was paid for; and

·         the full name of the person who paid for the political advertising.

The bill makes a person who violates these provisions liable to the state for a civil penalty in the amount the TEC determines not to exceed $4,000.

EFFECTIVE DATE

September 1, 2025.