|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of telephone calls made by certain |
|
persons for political advertising purposes; providing a criminal |
|
penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 255, Election Code, is amended by adding |
|
Section 255.010 to read as follows: |
|
Sec. 255.010. REGULATION OF POLITICAL TELEPHONE |
|
SOLICITATION. (a) This section applies only to a telephone call if |
|
the person making the call is: |
|
(1) an officer of a political committee or political |
|
party executive committee; |
|
(2) an officer, partner, or other representative of or |
|
attorney for 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 a person unless that person |
|
has approved the representation in writing; or |
|
(2) the caller represents a nonexistent person. |
|
(d) A person who makes a telephone call, or a person |
|
described by Subsection (a) who directs or causes the making of a |
|
telephone call by a person other than a person described by |
|
Subsection (a), that supports or opposes a candidate or |
|
officeholder or supports 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. Before the call may |
|
be made, a copy of the written approval must be filed by the |
|
approving candidate, officeholder, or sponsor with the authority |
|
with whom the candidate, officeholder, or sponsor is required to |
|
file a campaign treasurer appointment. For purposes of this |
|
subsection, "sponsor" means the 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 a person who makes a telephone |
|
call to a person located in this state, regardless of the location |
|
from which the call is made. |
|
(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 255.010, Election Code, as added by this |
|
Act, applies only to a telephone call made on or after September 1, |
|
2009. |
|
SECTION 3. This Act takes effect September 1, 2009. |