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A BILL TO BE ENTITLED
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AN ACT
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relating to required disclosures on political advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 255.001, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
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(a-4), and (a-5) to read as follows: |
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(a) A person may not knowingly cause to be published, |
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distributed, or broadcast political advertising containing express |
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advocacy that does not include [indicate] in the advertising: |
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(1) an indication that it is political advertising; |
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[and] |
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(2) the full name of: |
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(A) the person who paid for the political |
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advertising; |
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(B) the political committee authorizing the |
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political advertising; or |
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(C) the candidate or specific-purpose committee |
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supporting the candidate, if the political advertising is |
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authorized by the candidate; |
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(3) if the political advertising is authorized by the |
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candidate: |
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(A) for advertising transmitted through radio or |
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television, an audio statement made by the candidate that |
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identifies the candidate and states that the candidate has approved |
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the communication; and |
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(B) for advertising transmitted through |
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television: |
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(i) an unobscured, full-screen view of the |
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candidate making the audio statement or a clearly identifiable |
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photographic or similar image of the candidate accompanying the |
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audio statement; and |
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(ii) a statement in writing identifying the |
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candidate and stating that the candidate has approved the |
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communication that appears: |
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(a) at the end of the communication |
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for not less than four seconds; and |
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(b) in letters that are at least four |
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percent of the vertical screen height; and |
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(4) if the political advertising is not authorized by |
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the candidate: |
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(A) for advertising transmitted through radio or |
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television, an audio statement of the name of the person who paid |
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for the advertising, made by an individual named in the statement or |
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by a representative of a person named in the statement who is not an |
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individual; and |
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(B) for advertising transmitted through |
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television, a written statement that contains the name of the |
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person who paid for the advertising and that appears: |
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(i) at the end of the communication for not |
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less than four seconds; and |
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(ii) in letters that are at least four |
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percent of the vertical screen height. |
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(a-1) A disclosure required by this section must be |
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presented in a clear and conspicuous manner, to give the reader, |
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observer, or listener adequate notice of the political committee or |
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other person who authorized and, as applicable, paid for the |
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communication. A disclosure is not clear and conspicuous if it is |
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difficult to read, observe, or hear or if the placement is easily |
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overlooked. |
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(a-2) A photographic or similar image complies with |
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Subsection (a)(3)(B)(i) only if the image of the candidate is at |
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least 80 percent of the vertical screen height. |
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(a-3) A written disclosure satisfies the requirements of |
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Subsection (a-1) only if it: |
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(1) is clearly readable; |
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(2) is printed in black text on a white background; |
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(3) appears within the advertising, and appears on the |
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same side as all other printing on advertising that without the |
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disclosure would be one-sided; and |
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(4) is of sufficient type size to be clearly readable |
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and: |
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(A) if the advertising measures not more than 24 |
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inches by 36 inches, is in at least 12-point type; and |
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(B) if the advertising appears on an Internet |
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website, is at least 12 pixels. |
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(a-4) In addition to the requirements of Subsection (a-3), a |
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written disclosure appearing on political advertising on an |
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Internet website satisfies the requirements of Subsection (a-1) |
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only if a reader can see the disclosure at the same time as any |
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communication or portion of a communication constituting political |
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advertising on the website, without viewing a different display |
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screen or accessing a different file or network location. |
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(a-5) Any political advertising included in a group of |
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materials that, if distributed separately, would require a |
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disclosure under this section must separately include the required |
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disclosure. |
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SECTION 2. This Act takes effect September 1, 2013. |