Amend CSHB 1606 as follows:
(1) Between Sections 2.22 and 2.23 of the bill (Senate
committee report, page 20, between lines 17 and 18), insert the
following new section, appropriately numbered:
SECTION 2.____. Section 255.001, Election Code, is amended
to read as follows:
Sec. 255.001. REQUIRED DISCLOSURE ON POLITICAL
ADVERTISING. (a) A person may not knowingly cause to be published,
distributed [enter into a contract or other agreement to print,
publish], or broadcast political advertising that expressly
advocates the nomination, election, or defeat of a candidate or the
passage or defeat of a measure and that does not indicate in the
advertising:
(1) that it is political advertising; and
(2) the full name of:
(A) the person who paid for the political
advertising;
(B) the political committee authorizing the
political advertising; or
(C) the candidate or specific-purpose committee
supporting the candidate, if the political advertising is
authorized by the candidate [either the individual who personally
entered into the contract or agreement with the printer, publisher,
or broadcaster or the person that individual represents; and
[(3) in the case of advertising that is printed or
published, the address of either the individual who personally
entered into the agreement with the printer or publisher or the
person that individual represents].
(b) Political advertising that is authorized by a
candidate, an agent of a candidate, or a political committee filing
reports under this title is considered to expressly advocate the
nomination, election, or defeat of a candidate or the passage or
defeat of a measure.
(c) A person may not knowingly use, cause or permit to be
used, or continue to use any published, distributed, or broadcast
political advertising that expressly advocates the nomination,
election, or defeat of a candidate or the passage or defeat of a
measure and that the person knows does not include the disclosure
required by Subsection (a). A person is presumed to know that the
use of political advertising is prohibited by this subsection if
the commission notifies the person in writing that the use is
prohibited. A person who learns that political advertising signs,
as defined by Section 255.007, that have been distributed do not
include the disclosure required by Subsection (a) or include a
disclosure that does not comply with Subsection (a) does not commit
a continuing violation of this subsection if the person makes a good
faith attempt to remove or correct those signs. A person who learns
that printed political advertising other than a political
advertising sign that has been distributed does not include the
disclosure required by Subsection (a) or includes a disclosure that
does not comply with Subsection (a) is not required to attempt to
recover the political advertising and does not commit a continuing
violation of this subsection as to any previously distributed
political advertising.
(d) This section does not apply to:
(1) tickets or invitations to political fund-raising
events;
(2) [or to] campaign buttons, pins, hats, or similar
campaign materials; or
(3) circulars or flyers that cost in the aggregate
less than $500 to publish and distribute.
(e) [(c)] A person who violates this section is liable to
the state for a civil penalty in an amount determined by the
commission not to exceed $4,000 [commits an offense. An offense
under this section is a Class A misdemeanor].
(2) Immediately following Section 2.26(c) of the bill
(Senate committee report, page 20, between lines 60 and 61), insert
the following:
(d) Section 255.001, Election Code, as amended by this Act,
applies only to political advertising that is published,
distributed, or broadcast on or after September 1, 2003. Political
advertising that is published, distributed, or broadcast before
September 1, 2003, is governed by the law in effect on the date the
political advertising is published, distributed, or broadcast, and
the former law is continued in effect for that purpose.
(3) Renumber the sections of Article 2 of the bill
accordingly.