Bill Text: TX HB366 | 2025-2026 | 89th Legislature | Engrossed
Bill Title: Relating to required disclosures on certain political advertising that contains altered media; creating a criminal offense.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 0000-00-00 - Received from the House [HB366 Detail]
Download: Texas-2025-HB366-Engrossed.html
| By: Phelan | H.B. No. 366 | |
|
|
||
|
|
||
| relating to required disclosures on certain political advertising | ||
| that contains altered media; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 255, Election Code, is amended by adding | ||
| Section 255.0015 to read as follows: | ||
| Sec. 255.0015. REQUIRED DISCLOSURE ON CERTAIN POLITICAL | ||
| ADVERTISING CONTAINING ALTERED MEDIA; CRIMINAL PENALTY. (a) This | ||
| section applies only to a person who: | ||
| (1) is an officeholder, candidate, or political | ||
| committee; | ||
| (2) makes expenditures during a reporting period that | ||
| in the aggregate exceed $100 for political advertising, other than | ||
| an expense to cover the basic cost of hardware, messaging software, | ||
| and bandwidth; or | ||
| (3) publishes, distributes, or broadcasts political | ||
| advertising described by Subsection (b) in return for | ||
| consideration. | ||
| (b) A person may not, with the intent to influence an | ||
| election, knowingly cause to be published, distributed, or | ||
| broadcast political advertising that includes an image, audio | ||
| recording, or video recording of an officeholder's or candidate's | ||
| appearance, speech, or conduct that did not occur in reality, | ||
| including an image, audio recording, or video recording that has | ||
| been altered using generative artificial intelligence technology, | ||
| unless: | ||
| (1) the image or video recording has only been altered | ||
| to change the saturation, brightness, contrast, color, or any other | ||
| superficial quality of the image or video; or | ||
| (2) the political advertising includes a disclosure | ||
| from the person or another person on whose behalf the political | ||
| advertising is published, distributed, or broadcast indicating | ||
| that the image, audio recording, or video recording did not occur in | ||
| reality. | ||
| (c) The commission by rule shall prescribe the form of the | ||
| disclosure required by Subsection (b), including the font, size, | ||
| and color of the disclosure. The commission shall ensure that the | ||
| form of the disclosure is consistent with other required | ||
| disclosures on political advertising. | ||
| (d) A person commits an offense if the person violates this | ||
| section. An offense under this section is a Class A misdemeanor. | ||
| (e) This section does not impose liability on any of the | ||
| following persons for political advertising published, | ||
| distributed, or broadcast by or at the direction of another person: | ||
| (1) an interactive computer service, as defined by 47 | ||
| U.S.C. Section 230(f); | ||
| (2) an Internet service provider, cloud service | ||
| provider, cybersecurity service provider, communication service | ||
| provider, or telecommunications network; | ||
| (3) a radio or television broadcaster, including a | ||
| cable or satellite television network operator, programmer, or | ||
| producer; or | ||
| (4) the owner or operator of a commercial sign, as | ||
| defined by Section 391.001, Transportation Code. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
