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A BILL TO BE ENTITLED
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AN ACT
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relating to political advertising; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 255, Election Code, is amended by adding |
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Sections 255.009 and 255.010 to read as follows: |
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Sec. 255.009. REGULATION OF AUTOMATED POLITICAL TELEPHONE |
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SOLICITATION. (a) This section applies only to a telephone call |
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supporting or opposing a candidate for public office or an |
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officeholder that: |
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(1) is made through the use of an automatic dial |
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announcing device or similar automated dialing system; and |
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(2) is made by an officer, an agent, or other person |
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acting on behalf of a candidate, officeholder, political committee, |
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or political party executive committee. |
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(b) A person making an automated telephone call supporting |
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or opposing a candidate or officeholder must: |
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(1) state that the telephone call is political |
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advertising; |
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(2) identify the candidate or officeholder supported |
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or opposed and whether the person making the call supports or |
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opposes the candidate or officeholder; and |
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(3) identify the person sponsoring the call by |
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stating: |
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(A) "paid for by _______ (name of persons |
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sponsoring the call)"; or |
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(B) "paid for on behalf of _______ (name of |
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persons authorizing the call)". |
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(c) A person making an automated telephone call supporting |
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or opposing a candidate or officeholder may not state or imply that |
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the caller represents a person unless that person has approved the |
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representation in writing. |
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(d) A person who makes an automated telephone call, or a |
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person described by Subsection (a) who directs or causes the making |
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of an automated telephone call by a person other than a person |
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described by Subsection (a), that supports or opposes a candidate |
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or officeholder, other than a call that would constitute a direct |
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campaign expenditure, must receive the prior written approval of |
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the candidate or officeholder being supported or at least one |
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opponent of the candidate or officeholder being opposed. Before |
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the call may be made, a copy of the written approval must be filed by |
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the approving candidate or officeholder with: |
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(1) in the case of a candidate, the authority with whom |
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the candidate is required to file a campaign treasurer appointment; |
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or |
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(2) in the case of an officeholder, the authority with |
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whom the officeholder would be required to file a campaign |
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treasurer appointment if the officeholder were a candidate for the |
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office held. |
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(e) An automated telephone call that is approved by a |
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candidate or officeholder must include the following statement, |
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recorded by the candidate or officeholder: |
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"My name is (name of candidate or officeholder) and I |
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approved this telephone call." |
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(f) An automated telephone call may not be made using any |
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device or technology that results in the call appearing on a caller |
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ID machine as "blocked," "private," "unknown name," or "unknown |
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caller." |
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(g) This section does not apply to a telephone call in which |
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the individual making the call is not being paid to make the call |
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and the individuals participating in the call know each other |
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before the call is made. |
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(h) This section applies to a person who makes an automated |
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telephone call to a person located in this state, regardless of the |
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location from which the call is made. |
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(i) A person who intentionally violates this section is |
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liable to the state for a civil penalty in an amount determined by |
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the commission not to exceed $4,000. |
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Sec. 255.010. USE OF ALTERED OR DISTORTED PHOTOGRAPH IN |
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POLITICAL ADVERTISING PROHIBITED. (a) A candidate or political |
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committee may not knowingly publish, broadcast, distribute, or |
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contract for the publication, broadcast, or distribution of |
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political advertising that contains a photograph of the candidate's |
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opponent or of a candidate the committee opposes that has been |
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altered or distorted in a manner that a reasonable person would find |
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to be unflattering or uncomplimentary. |
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(b) A person who intentionally violates this section is |
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liable to the state for a civil penalty in an amount determined by |
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the commission not to exceed $4,000. |
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SECTION 2. (a) Section 255.009, Election Code, as added by |
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this Act, applies only to a telephone call made on or after |
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September 1, 2009. |
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(b) Section 255.010, Election Code, as added by this Act, |
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applies only to political advertising that is published, broadcast, |
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or distributed on or after September 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |