Amend CSSB 1952 by inserting the following in Part 6:
(1) Amend Section 251.001(16) of the Election Code to read as
follows:
(16) "Political Advertising" means a communication
supporting or opposing a candidate for nomination or election to a
public office or office of a political party, a political party, a
public officer, or a measure that:
(A) in return for consideration, is published in
a newspaper, magazine, or other periodical or is broadcast by radio
or television or any other electronic transmission; or
(B) appears in a pamphlet, circular, flier,
billboard or other sign, bumper sticker, or similar form of written
communication.
(2) Amend Section 255.001 of the Election Code to read as
follows:
Sec. 255.001. REQUIRED DISCLOSURE ON POLITICAL
ADVERTISING.
(a) A person may not knowingly [enter into a contract
or other agreement to] cause to be published, distributed or
broadcasted political advertising containing express advocacy that
does not indicate in the advertising:
(1) that it is political advertising; and
(2) the full name of [either the individual who
personally entered into the contract or agreement with the printer,
publisher, or broadcaster or] (I) the person who paid for the
political advertising, (ii) the political committee authorizing
the political advertising or (iii) the full name of the candidate or
specific-purpose committee supporting the candidate, if such
political advertising is authorized by the candidate. [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, or the candidate's agents, or political committee filing
reports with the commission shall be deemed to contain express
advocacy.
(c) A person may not knowingly use, cause or permit to
be used, or continue to use any published, displayed, or broadcast
political advertising containing express advocacy 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 tickets or
invitations to political fund-raising events or to campaign
buttons, pins, hats, or similar campaign materials, or to circulars
or flyers that cost in aggregate to publish and distribute less than
$500.
(e) A person who violates this section is liable to the
state for a civil penalty that may be levied by the Ethics
Commission in its discretion in an amount not to exceed $4000
[commits an offense. An offense under this section is a Class A
misdemeanor].