Amend CSSB 1952 by adding an appropriately numbered ARTICLE
to the bill and renumbering subsequent ARTICLEs accordingly:
ARTICLE ____. DISCLOSURE ON POLITICAL ADVERTISING
SECTION ____.01. Section 251.001, Election Code, is amended
by amending Subdivision (16) and adding Subdivision (21) to read as
follows:
(16) "Political advertising" means a communication
containing express advocacy relating to an election for [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.
(21) "Express advocacy" means a communication that
advocates the election or defeat of a clearly identified candidate
or officeholder or measure by containing the words or phrases:
"vote for," "reelect," "support," "cast your ballot for," "(name of
candidate) for (name of office)," "vote against," "defeat," or
"reject."
SECTION ____.02. 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, or broadcasted [enter into a contract or
other agreement to print, publish, or broadcast] political
advertising that does not indicate in the advertising:
(1) that it is political advertising; and
(2) the full name of:
(A) [either the individual who personally
entered into the contract or agreement with the printer, publisher,
or broadcaster or] the person who paid for the political
advertising;
(B) the political committee authorizing the
political advertising; or
(C) 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].
(a-1) A person may not knowingly use, cause or permit to be
used, or continue to use any printed, published, displayed, or
broadcast political advertising 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 the 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.
(b) 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 $2,500.
(c) A person who violates this section is liable to the
state for a civil penalty that may be levied by the commission in
its discretion in an amount not to exceed $4,000 [commits an
offense. An offense under this section is a Class A misdemeanor].