By:  Shapleigh                                                    S.B. No. 852
	(In the Senate - Filed March 1, 2005; March 10, 2005, read 
first time and referred to Committee on State Affairs; 
April 21, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; April 21, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 852                                    By:  Williams


A BILL TO BE ENTITLED

AN ACT


relating to the regulation of telephone solicitation for political 
advertising purposes; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 255, Election Code, is amended by adding 
Section 255.009 to read as follows:
	Sec. 255.009.  REGULATION OF POLITICAL TELEPHONE 
SOLICITATION.  (a)  In this section, "person" means:
		(1)  an officer of a political committee or political 
party executive committee;
		(2)  an officer, partner, attorney, or other 
representative of a corporation, partnership, or other business 
entity; or
		(3)  an agent or other person acting on behalf of a 
candidate, officeholder, political committee, political party 
executive committee, corporation, partnership, or other business 
entity.
	(b)  A person making a telephone call supporting or opposing 
a candidate, officeholder, or measure must identify the person 
sponsoring the call by stating:
		(1)  "paid for by _______ (name of persons sponsoring 
the call)"; or 
		(2)  "paid for on behalf of _______ (name of persons 
authorizing call)".
	(c)  A person making a telephone call supporting or opposing 
a candidate, officeholder, or measure may not state or imply that:
		(1)  the caller represents an entity unless that entity 
has approved the representation in writing; or
		(2)  the caller represents a nonexistent entity.                       
	(d)  A person who makes on the person's own behalf or who 
directs or causes the making of a telephone call supporting or 
opposing a candidate or officeholder or supporting a measure, other 
than a call that would constitute a direct campaign expenditure, 
must receive the prior written approval of the candidate or 
officeholder being supported, any sponsor of the measure being 
supported, or at least one opponent of the candidate or 
officeholder being opposed.  A copy of the written approval must be 
filed by the candidate, officeholder, or sponsor with the authority 
with whom the candidate, officeholder, or sponsor is required to 
file a campaign treasurer appointment before the call may be made.  
For purposes of this subsection, "sponsor" means the candidate or 
officeholder who sponsored legislation or an ordinance requiring 
the submission of the measure to the voters.
	(e)  This section does not apply to a telephone call:                   
		(1)  in which the individual making the call is not 
being paid to make the call and the individuals participating in the 
call know each other before the call is made; or
		(2)  conducted for the purpose of polling respondents 
concerning a candidate, officeholder, or measure that is a part of a 
series of similar telephone calls that consists of fewer than 1,000 
completed calls if the average duration of the calls is longer than 
two minutes.
	(f)  This section applies to any person who places telephone 
calls from a location in this state or places telephone calls from a 
location outside this state to individuals located in this state.
	(g)  A person who intentionally violates this section 
commits an offense.  Each telephone call made in violation of this 
section constitutes a separate offense.  An offense under this 
subsection is a Class A misdemeanor.
	SECTION 2.  Section 255.009, Election Code, as added by this 
Act, applies only to a telephone call made on or after September 1, 
2005.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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