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A BILL TO BE ENTITLED
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AN ACT
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relating to 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 Subsections (a) and (d) and adding Subsections (a-1) and |
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(a-2) 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, |
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an audio statement made by the candidate that identifies the |
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candidate and states that the candidate has approved the |
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communication; and |
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(B) for advertising transmitted through |
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television: |
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(i) a clearly identifiable photographic or |
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similar image of the candidate; 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, |
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an audio statement of the name of the person who paid for the |
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advertising, made by an individual named in the statement or by a |
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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) An Internet website containing political advertising |
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must contain the disclosure required by this section on each page of |
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the website containing the political advertising. The disclosure |
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must appear: |
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(1) in a printed box set apart from the rest of the |
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contents of the page; |
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(2) in a font size that is at least 12 pixels; and |
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(3) in black text on a white background or in a text |
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color so that the degree of contrast between the background color |
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and the disclosure text color is at least as great as the degree of |
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contrast between the background color and the color of the largest |
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text on the page. |
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(a-2) If political advertising appears on a social media |
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website, a disclosure that complies with Subsection (a-1) must |
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appear on the appropriate social media profile page. If political |
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advertising on an Internet website, including a social media |
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profile page, is too small to include the disclosure in a manner |
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that complies with Subsection (a-1), the disclosure satisfies the |
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requirements of Subsection (a-1) if the disclosure links to another |
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Internet website page that displays the full disclosure and is |
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operational and freely accessible during the time the advertisement |
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is visible. Internet advertising that is too small to include a |
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disclosure complying with Subsection (a-1) includes an |
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advertisement classified as a micro bar or button according to |
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applicable advertising standards, an advertisement that has 200 or |
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fewer characters, and a graphic or picture link in which including |
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the disclosure is not reasonably practical because of the size of |
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the graphic or picture link. |
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(d) This section does not apply to: |
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(1) tickets or invitations to political fund-raising |
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events; |
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(2) campaign buttons, pins, hats, or similar campaign |
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materials; [or] |
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(3) circulars or flyers that cost in the aggregate |
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less than $500 to publish and distribute; or |
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(4) political advertising distributed by sending a |
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text message using a mobile communications service. |
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SECTION 2. This Act takes effect September 1, 2015. |