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A BILL TO BE ENTITLED
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AN ACT
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relating to required disclosures on certain political advertising |
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that contains altered media; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 255, Election Code, is amended by adding |
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Section 255.0015 to read as follows: |
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Sec. 255.0015. REQUIRED DISCLOSURE ON CERTAIN POLITICAL |
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ADVERTISING CONTAINING ALTERED MEDIA; CRIMINAL PENALTY. (a) This |
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section applies only to a person who: |
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(1) is an officeholder, candidate, or political |
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committee; |
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(2) makes expenditures during a reporting period that |
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in the aggregate exceed $100 for political advertising, other than |
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an expense to cover the basic cost of hardware, messaging software, |
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and bandwidth; or |
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(3) publishes, distributes, or broadcasts political |
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advertising described by Subsection (b) in return for |
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consideration. |
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(b) A person may not, with the intent to influence an |
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election, knowingly cause to be published, distributed, or |
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broadcast political advertising that includes an image, audio |
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recording, or video recording of an officeholder's or candidate's |
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appearance, speech, or conduct that did not occur in reality, |
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including an image, audio recording, or video recording that has |
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been altered using generative artificial intelligence technology, |
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unless: |
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(1) the image or video recording has only been altered |
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to change the saturation, brightness, contrast, color, or any other |
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superficial quality of the image or video; or |
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(2) the political advertising includes a disclosure |
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from the person or another person on whose behalf the political |
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advertising is published, distributed, or broadcast indicating |
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that the image, audio recording, or video recording did not occur in |
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reality. |
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(c) The commission by rule shall prescribe the form of the |
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disclosure required by Subsection (b), including the font, size, |
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and color of the disclosure. The commission shall ensure that the |
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form of the disclosure is consistent with other required |
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disclosures on political advertising. |
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(d) A person commits an offense if the person violates this |
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section. An offense under this section is a Class A misdemeanor. |
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(e) This section does not impose liability on any of the |
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following persons for political advertising published, |
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distributed, or broadcast by or at the direction of another person: |
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(1) an interactive computer service, as defined by 47 |
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U.S.C. Section 230(f); |
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(2) an Internet service provider, cloud service |
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provider, cybersecurity service provider, communication service |
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provider, or telecommunications network; |
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(3) a radio or television broadcaster, including a |
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cable or satellite television network operator, programmer, or |
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producer; or |
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(4) the owner or operator of a commercial sign, as |
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defined by Section 391.001, Transportation Code. |
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SECTION 2. This Act takes effect September 1, 2025. |