By Homer H.B. No. 2749 76R7768 ESH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to disclosures in connection with telephone advertising or 1-3 polling in connection with political campaigns; providing a civil 1-4 penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 255, Election Code, is amended by adding 1-7 Section 255.009 to read as follows: 1-8 Sec. 255.009. REQUIRED DISCLOSURE ON TELEPHONE ADVERTISING 1-9 OR POLLS. (a) A person who conducts a telephone advertising 1-10 campaign or poll in connection with a campaign for public office or 1-11 on a measure shall, at the beginning or end of each telephone 1-12 conversation: 1-13 (1) state the person's full name; 1-14 (2) identify the person conducting the telephone 1-15 campaign or poll and, if that person is not a candidate or 1-16 political committee, identify the candidate or political committee 1-17 on whose behalf the person is conducting the telephone campaign or 1-18 poll; and 1-19 (3) state the location from which the person is 1-20 calling. 1-21 (b) This section applies only to a telephone advertising 1-22 campaign or poll conducted by a person, including a news 1-23 organization, that is: 1-24 (1) affiliated or aligned with a candidate, political 2-1 committee, political party, or campaign consultant; or 2-2 (2) compensated by a candidate, political committee, 2-3 political party, or campaign consultant for conducting the 2-4 advertising campaign or poll. 2-5 (c) A person who violates this section is liable for a civil 2-6 penalty not to exceed $5,000. Each conversation in which a person 2-7 fails to state the information required under Subsection (a) 2-8 constitutes a separate violation. 2-9 SECTION 2. This Act takes effect September 1, 1999. 2-10 SECTION 3. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended.