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.