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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the display of signs containing political |
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advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 15, Election Code, is amended by adding |
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Chapter 259, and a heading is added to that chapter to read as |
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follows: |
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CHAPTER 259. POLITICAL SIGNS |
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SECTION 2. Section 255.007, Election Code, is transferred |
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to Chapter 259, Election Code, as added by this Act, and |
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redesignated as Section 259.001, Election Code, to read as follows: |
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Sec. 259.001 [255.007]. NOTICE REQUIREMENT ON POLITICAL |
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ADVERTISING SIGNS. (a) The following notice must be written on |
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each political advertising sign: |
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"NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND |
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393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAY |
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OF A HIGHWAY." |
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(b) A person commits an offense if the person: |
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(1) knowingly enters into a contract to print or make a |
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political advertising sign that does not contain the notice |
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required by Subsection (a); or |
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(2) instructs another person to place a political |
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advertising sign that does not contain the notice required by |
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Subsection (a). |
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(c) An offense under this section is a Class C misdemeanor. |
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(d) It is an exception to the application of Subsection (b) |
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that the political advertising sign was printed or made before |
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September 1, 1997, and complied with Subsection (a) as it existed |
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immediately before that date. |
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(e) In this section, "political advertising sign" means a |
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written form of political advertising designed to be seen from a |
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road but does not include a bumper sticker. |
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SECTION 3. Section 202.009, Property Code, is transferred |
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to Chapter 259, Election Code, as added by this Act, redesignated as |
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Section 259.002, Election Code, and amended to read as follows: |
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Sec. 259.002 [202.009]. REGULATION OF DISPLAY OF |
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POLITICAL SIGNS BY PROPERTY OWNERS' ASSOCIATION. (a) In this |
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section, "property owners' association" has the meaning assigned by |
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Section 202.001, Property Code. |
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(b) Except as otherwise provided by this section, a property |
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owners' association may not enforce or adopt a restrictive covenant |
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that prohibits a property owner from displaying on the owner's |
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property one or more signs advertising a [political] candidate or |
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measure [ballot item] for an election: |
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(1) on or after the 90th day before the date of the |
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election to which the sign relates; or |
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(2) before the 10th day after that election date. |
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(c) [(b)] This section does not prohibit the enforcement or |
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adoption of a covenant that: |
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(1) requires a sign to be ground-mounted; or |
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(2) limits a property owner to displaying only one |
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sign for each candidate or measure [ballot item]. |
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(d) [(c)] This section does not prohibit the enforcement or |
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adoption of a covenant that prohibits a sign that: |
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(1) contains roofing material, siding, paving |
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materials, flora, one or more balloons or lights, or any other |
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similar building, landscaping, or nonstandard decorative |
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component; |
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(2) is attached in any way to plant material, a traffic |
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control device, a light, a trailer, a vehicle, or any other existing |
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structure or object; |
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(3) includes the painting of architectural surfaces; |
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(4) threatens the public health or safety; |
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(5) is larger than four feet by six feet; |
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(6) violates a law; |
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(7) contains language, graphics, or any display that |
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would be offensive to the ordinary person; or |
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(8) is accompanied by music or other sounds or by |
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streamers or is otherwise distracting to motorists. |
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(e) [(d)] A property owners' association may remove a sign |
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displayed in violation of a restrictive covenant permitted by this |
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section. |
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SECTION 4. Chapter 259, Election Code, as added by this Act, |
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is amended by adding Section 259.003 to read as follows: |
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Sec. 259.003. REGULATION OF POLITICAL SIGN DISPLAYED BY |
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TENANT OR STUDENT. (a) Except as otherwise provided by this |
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section, a landlord may not prohibit a tenant from displaying on |
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property leased by the tenant one or more signs advertising a |
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candidate or measure for an election: |
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(1) on or after the 90th day before the date of the |
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election to which the sign relates; or |
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(2) before the 10th day after that election date. |
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(b) Except as otherwise provided by this section, an |
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institution of higher education, as that term is defined by Section |
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61.003, Education Code, may not prohibit a student residing in |
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housing offered by the institution from displaying at that |
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student's residence one or more signs advertising a candidate or |
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measure for an election: |
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(1) on or after the 90th day before the date of the |
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election to which the sign relates; or |
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(2) before the 10th day after that election date. |
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(c) This section does not prohibit the landlord or |
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institution of higher education, as applicable, from: |
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(1) limiting a tenant or student to displaying only |
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one sign for each candidate or measure; |
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(2) limiting a tenant in a multifamily dwelling or a |
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student to displaying a sign only in a window; or |
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(3) prohibiting a sign that: |
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(A) contains roofing material, siding, paving |
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materials, flora, one or more balloons or lights, or any other |
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similar building, landscaping, or nonstandard decorative |
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component; |
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(B) is attached in any way to plant material, a |
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traffic control device, a light, a trailer, a vehicle, or any other |
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existing structure or object; |
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(C) includes the painting of architectural |
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surfaces; |
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(D) threatens the public health or safety; |
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(E) is larger than four feet by six feet; |
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(F) violates a law; |
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(G) contains language, graphics, or any display |
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that would be offensive to the ordinary person; |
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(H) is accompanied by music or other sounds or by |
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streamers or is otherwise distracting to motorists; or |
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(I) damages the property of the landlord or |
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institution. |
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(d) A landlord or institution of higher education may remove |
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a sign displayed in violation of a prohibition permitted by this |
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section. |
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SECTION 5. Section 216.903, Local Government Code, is |
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transferred to Chapter 259, Election Code, as added by this Act, and |
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redesignated as Section 259.004, Election Code, to read as follows: |
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Sec. 259.004 [216.903]. REGULATION OF POLITICAL SIGNS BY |
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MUNICIPALITY. (a) In this section, "private real property" does |
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not include real property subject to an easement or other |
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encumbrance that allows a municipality to use the property for a |
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public purpose. |
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(b) A municipal charter provision or ordinance that |
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regulates signs may not, for a sign that contains primarily a |
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political message and that is located on private real property with |
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the consent of the property owner: |
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(1) prohibit the sign from being placed; |
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(2) require a permit or approval of the municipality |
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or impose a fee for the sign to be placed; |
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(3) restrict the size of the sign; or |
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(4) provide for a charge for the removal of a political |
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sign that is greater than the charge for removal of other signs |
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regulated by ordinance. |
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(c) Subsection (b) does not apply to a sign, including a |
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billboard, that contains primarily a political message on a |
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temporary basis and that is generally available for rent or |
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purchase to carry commercial advertising or other messages that are |
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not primarily political. |
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(d) Subsection (b) does not apply to a sign that: |
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(1) has an effective area greater than 36 feet; |
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(2) is more than eight feet high; |
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(3) is illuminated; or |
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(4) has any moving elements. |
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SECTION 6. Section 255.001(c), Election Code, is amended to |
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read as follows: |
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(c) A person may not knowingly use, cause or permit to be |
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used, or continue to use any published, distributed, or broadcast |
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political advertising containing express advocacy that the person |
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knows does not include the disclosure required by Subsection (a). A |
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person is presumed to know that the use of political advertising is |
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prohibited by this subsection if the commission notifies the person |
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in writing that the use is prohibited. A person who learns that |
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political advertising signs, as defined by Section 259.001 |
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[255.007], that have been distributed do not include the disclosure |
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required by Subsection (a) or include a disclosure that does not |
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comply with Subsection (a) does not commit a continuing violation |
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of this subsection if the person makes a good faith attempt to |
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remove or correct those signs. A person who learns that printed |
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political advertising other than a political advertising sign that |
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has been distributed does not include the disclosure required by |
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Subsection (a) or includes a disclosure that does not comply with |
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Subsection (a) is not required to attempt to recover the political |
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advertising and does not commit a continuing violation of this |
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subsection as to any previously distributed political advertising. |
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SECTION 7. Section 571.1211(2), Government Code, is amended |
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to read as follows: |
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(2) "Category One violation" means a violation of a |
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law within jurisdiction of the commission as to which it is |
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generally not difficult to ascertain whether the violation occurred |
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or did not occur, including: |
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(A) the failure by a person required to file a |
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statement or report to: |
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(i) file the required statement or report |
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in a manner that complies with applicable requirements; or |
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(ii) timely file the required statement or |
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report; |
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(B) a violation of Section 255.001, Election |
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Code; |
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(C) a misrepresentation in political advertising |
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or a campaign communication relating to the office held by a person |
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in violation of Section 255.006, Election Code; |
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(D) a failure to include in any written political |
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advertising intended to be seen from a road the right-of-way notice |
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in violation of Section 259.001 [255.007], Election Code; or |
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(E) a failure to timely respond to a written |
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notice under Section 571.123(b). |
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SECTION 8. This Act takes effect September 1, 2019. |