Amend CSHB 4 by inserting the following new SECTIONS of this
Act, appropriately numbered, and renumbering the subsequent
sections accordingly:
SECTION _____. Chapter 255, Election Code, is amended by
adding Section 255.009 to read as follows:
Sec. 255.009. MISREPRESENTATION OF ENDORSEMENT BY TAX-EXEMPT
ORGANIZATION. (a) A person commits an offense if, with intent to
injure a candidate or influence the result of an election and
without the permission of the organization or officers, as
appropriate, the person, in a campaign communication:
(1) knowingly represents, by use of the name, official
letterhead, logo, or insignia of a tax-exempt organization, that
the organization endorses or supports a candidate;
(2) knowingly represents that former, current, or
future officers of a tax-exempt organization endorse, support, or
oppose a candidate; or
(3) knowingly represents, by the use of the name or
signature of a member of a tax-exempt organization, that the
organization endorses or supports a candidate.
(b) An offense under this section is a Class A misdemeanor.
(c) A person who prevails in a civil action for a violation
of this section is entitled to recover court costs and attorney's
fees.
SECTION _____. Section 255.009, Election Code, as added by
this Act, applies only to a campaign communication, as defined by
Section 251.001, Election Code, that is made on or after September
1, 1999.