| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to required disclosures on political advertising. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 255.001, Election Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
|
|
(a-4), (a-5), and (a-6) to read as follows: |
|
|
(a) A person may not knowingly cause to be published, |
|
|
distributed, or broadcast political advertising containing express |
|
|
advocacy that does not include [indicate] in the advertising: |
|
|
(1) an indication that it is political advertising; |
|
|
[and] |
|
|
(2) the full name of: |
|
|
(A) the person who paid for the political |
|
|
advertising; |
|
|
(B) the political committee authorizing the |
|
|
political advertising; or |
|
|
(C) the candidate or specific-purpose committee |
|
|
supporting the candidate, if the political advertising is |
|
|
authorized by the candidate; |
|
|
(3) if the political advertising is authorized by the |
|
|
candidate: |
|
|
(A) for advertising transmitted through radio or |
|
|
television, an audio statement made by the candidate that |
|
|
identifies the candidate and states that the candidate has approved |
|
|
the communication; and |
|
|
(B) for advertising transmitted through |
|
|
television: |
|
|
(i) an unobscured, full-screen view of the |
|
|
candidate making the audio statement or a clearly identifiable |
|
|
photographic or similar image of the candidate accompanying the |
|
|
audio statement; and |
|
|
(ii) a statement in writing identifying the |
|
|
candidate and stating that the candidate has approved the |
|
|
communication that appears: |
|
|
(a) at the end of the communication |
|
|
for not less than four seconds; and |
|
|
(b) in letters that are at least four |
|
|
percent of the vertical screen height; and |
|
|
(4) if the political advertising is not authorized by |
|
|
the candidate: |
|
|
(A) for advertising transmitted through radio or |
|
|
television, an audio statement of the name of the person who paid |
|
|
for the advertising, made by an individual named in the statement or |
|
|
by a representative of a person named in the statement who is not an |
|
|
individual; and |
|
|
(B) for advertising transmitted through |
|
|
television, a written statement that contains the name of the |
|
|
person who paid for the advertising and that appears: |
|
|
(i) at the end of the communication for not |
|
|
less than four seconds; and |
|
|
(ii) in letters that are at least four |
|
|
percent of the vertical screen height. |
|
|
(a-1) A disclosure required by this section must be |
|
|
presented in a clear and conspicuous manner, to give the reader, |
|
|
observer, or listener adequate notice of the political committee or |
|
|
other person who authorized and, as applicable, paid for the |
|
|
communication. A disclosure is not clear and conspicuous if it is |
|
|
difficult to read, observe, or hear or if the placement is easily |
|
|
overlooked. |
|
|
(a-2) A photographic or similar image complies with |
|
|
Subsection (a)(3)(B)(i) only if the image of the candidate is at |
|
|
least 80 percent of the vertical screen height. |
|
|
(a-3) A written disclosure satisfies the requirements of |
|
|
Subsection (a-1) only if it: |
|
|
(1) is clearly readable; |
|
|
(2) is printed: |
|
|
(A) in black text on a white background or is |
|
|
printed so that the degree of contrast between the background color |
|
|
and the disclosure text color is at least as great as the degree of |
|
|
contrast between the background color and the color of the largest |
|
|
text in the communication; and |
|
|
(B) within a printed box set apart from the rest |
|
|
of the contents of the communication; |
|
|
(3) appears within the advertising, and appears on the |
|
|
same side as all other printing on advertising that without the |
|
|
disclosure would be one-sided; and |
|
|
(4) is of sufficient type size to be clearly readable |
|
|
and: |
|
|
(A) if the advertising measures not more than 24 |
|
|
inches by 36 inches, is in at least 12-point type; and |
|
|
(B) if the advertising appears on an Internet |
|
|
website, is at least 12 pixels. |
|
|
(a-4) If political advertising appears on a social media |
|
|
website, a written disclosure that complies with Subsection (a-1) |
|
|
and this subsection must appear on the appropriate social media |
|
|
profile page. If political advertising on an Internet website is |
|
|
too small to include the written disclosure in a manner that |
|
|
complies with Subsection (a-1), a written disclosure appearing on |
|
|
political advertising on an Internet website, including a social |
|
|
media profile page, satisfies the requirements of Subsection (a-1) |
|
|
if the disclosure links to another Internet website page that |
|
|
displays the full disclosure statement and is operational and |
|
|
freely accessible during the time the advertisement is visible. |
|
|
Internet advertising that is too small to include a written |
|
|
disclosure complying with Subsection (a-1) includes an |
|
|
advertisement classified as a micro bar or button according to |
|
|
applicable advertising standards, an advertisement that has 200 or |
|
|
fewer characters, and a graphic or picture link in which including |
|
|
the disclosure is not reasonably practical because of the size of |
|
|
the graphic or picture link. |
|
|
(a-5) Any political advertising included in a group of |
|
|
materials that, if distributed separately, would require a |
|
|
disclosure under this section must separately include the required |
|
|
disclosure. |
|
|
(a-6) Subsection (a) does not apply to political |
|
|
advertising distributed by sending a text message using a mobile |
|
|
communications service. |
|
|
SECTION 2. This Act takes effect September 1, 2013. |