79R6930 ATP-D

By:  Shapleigh                                                    S.B. No. 852



A BILL TO BE ENTITLED

AN ACT

relating to the treatment of persuasive telephone polls as 
political advertising; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 251.001(16), Election Code, is amended 
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]
			(B)  appears:                                                                
				(i)  in a pamphlet, circular, flier, 
billboard or other sign, bumper sticker, or similar form of written 
communication; or
				(ii)  on an Internet website; or                                     
			(C)  is delivered through a telephone poll in 
which persons are questioned in a manner designed to advocate for or 
against or provide negative information about a candidate, 
officeholder, or measure, other than a poll conducted by an 
established method of scientific sampling or conducted only to 
measure public opinion or reaction to an issue, fact, or theme.
	SECTION 2.  Section 251.001(16), Election Code, as amended 
by this Act, applies only to a telephone polling campaign in which 
the first telephone call is made on or after September 1, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.