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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of telephone calls made by certain |
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persons for political advertising purposes; providing a criminal |
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penalty. |
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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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Section 255.010 to read as follows: |
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Sec. 255.010. REGULATION OF POLITICAL TELEPHONE |
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SOLICITATION. (a) This section applies only to a telephone call if |
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the person making the call is: |
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(1) an officer of a political committee or political |
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party executive committee; |
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(2) an officer, partner, or other representative of or |
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attorney for a corporation, partnership, or other business entity; |
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or |
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(3) an agent or other person acting on behalf of a |
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candidate, officeholder, political committee, political party |
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executive committee, corporation, partnership, or other business |
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entity. |
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(b) A person making a telephone call supporting or opposing |
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a candidate, officeholder, or measure must identify the person |
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sponsoring the call by stating: |
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(1) "paid for by _______ (name of persons sponsoring |
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the call)"; or |
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(2) "paid for on behalf of _______ (name of persons |
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authorizing call)". |
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(c) A person making a telephone call supporting or opposing |
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a candidate, officeholder, or measure may not state or imply that: |
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(1) the caller represents a person unless that person |
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has approved the representation in writing; or |
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(2) the caller represents a nonexistent person. |
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(d) A person who makes a telephone call, or a person |
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described by Subsection (a) who directs or causes the making of a |
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telephone call by a person other than a person described by |
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Subsection (a), that supports or opposes a candidate or |
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officeholder or supports a measure, other than a call that would |
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constitute a direct campaign expenditure, must receive the prior |
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written approval of the candidate or officeholder being supported, |
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any sponsor of the measure being supported, or at least one opponent |
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of the candidate or officeholder being opposed. Before the call may |
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be made, a copy of the written approval must be filed by the |
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approving candidate, officeholder, or sponsor with the authority |
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with whom the candidate, officeholder, or sponsor is required to |
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file a campaign treasurer appointment. For purposes of this |
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subsection, "sponsor" means the officeholder who sponsored |
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legislation or an ordinance requiring the submission of the measure |
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to the voters. |
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(e) This section does not apply to a telephone call: |
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(1) in which the individual making the call is not |
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being paid to make the call and the individuals participating in the |
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call know each other before the call is made; or |
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(2) conducted for the purpose of polling respondents |
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concerning a candidate, officeholder, or measure that is a part of a |
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series of similar telephone calls that consists of fewer than 1,000 |
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completed calls if the average duration of the calls is longer than |
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two minutes. |
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(f) This section applies to a person who makes a telephone |
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call to a person located in this state, regardless of the location |
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from which the call is made. |
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(g) A person who intentionally violates this section |
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commits an offense. Each telephone call made in violation of this |
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section constitutes a separate offense. An offense under this |
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subsection is a Class A misdemeanor. |
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SECTION 2. Section 255.010, Election Code, as added by this |
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Act, applies only to a telephone call made on or after September 1, |
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2009. |
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SECTION 3. This Act takes effect September 1, 2009. |