CHAPTER 255. REGULATING POLITICAL ADVERTISING AND CAMPAIGN COMMUNICATIONS - Texas Statutes

ELECTION CODE

TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS

CHAPTER 255. REGULATING POLITICAL ADVERTISING AND CAMPAIGN

COMMUNICATIONS

Sec. 255.001. REQUIRED DISCLOSURE ON POLITICAL ADVERTISING. (a)

A person may not knowingly cause to be published, distributed,

or broadcast political advertising containing express advocacy

that does not indicate in the advertising:

(1) that it is political advertising; and

(2) the full name of:

(A) the person who paid for the political advertising;

(B) the political committee authorizing the political

advertising; or

(C) the candidate or specific-purpose committee supporting the

candidate, if the political advertising is authorized by the

candidate.

(b) Political advertising that is authorized by a candidate, an

agent of a candidate, or a political committee filing reports

under this title shall be deemed to contain express advocacy.

(c) A person may not knowingly use, cause or permit to be used,

or continue to use any published, distributed, or broadcast

political advertising containing express advocacy that the person

knows does not include the disclosure required by Subsection (a).

A person is presumed to know that the use of political

advertising is prohibited by this subsection if the commission

notifies the person in writing that the use is prohibited. A

person who learns that political advertising signs, as defined by

Section 255.007, that have been distributed do not include the

disclosure required by Subsection (a) or include a disclosure

that does not comply with Subsection (a) does not commit a

continuing violation of this subsection if the person makes a

good faith attempt to remove or correct those signs. A person who

learns that printed political advertising other than a political

advertising sign that has been distributed does not include the

disclosure required by Subsection (a) or includes a disclosure

that does not comply with Subsection (a) is not required to

attempt to recover the political advertising and does not commit

a continuing violation of this subsection as to any previously

distributed political advertising.

(d) This section does not apply to:

(1) tickets or invitations to political fund-raising events;

(2) campaign buttons, pins, hats, or similar campaign materials;

or

(3) circulars or flyers that cost in the aggregate less than

$500 to publish and distribute.

(e) A person who violates this section is liable to the state

for a civil penalty in an amount determined by the commission not

to exceed $4,000.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 2003, 78th Leg., ch. 249, Sec. 2.23, eff. Sept. 1,

2003.

Sec. 255.002. RATES FOR POLITICAL ADVERTISING. (a) The rate

charged for political advertising by a radio or television

station may not exceed:

(1) during the 45 days preceding a general or runoff primary

election and during the 60 days preceding a general or special

election, the broadcaster's lowest unit charge for advertising of

the same class, for the same time, and for the same period; or

(2) at any time other than that specified by Subdivision (1),

the amount charged other users for comparable use of the station.

(b) The rate charged for political advertising that is printed

or published may not exceed the lowest charge made for comparable

use of the space for any other purposes.

(c) In determining amounts charged for comparable use, the

amount and kind of space or time used, number of times used,

frequency of use, type of advertising copy submitted, and any

other relevant factors shall be considered.

(d) Discounts offered by a newspaper or magazine to its

commercial advertisers shall be offered on equal terms to

purchasers of political advertising from the newspaper or

magazine.

(e) A person commits an offense if the person knowingly demands

or receives or knowingly pays or offers to pay for political

advertising more consideration than permitted by this section.

(f) An offense under this section is a Class C misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL

ADVERTISING. (a) An officer or employee of a political

subdivision may not knowingly spend or authorize the spending of

public funds for political advertising.

(b) Subsection (a) does not apply to a communication that

factually describes the purposes of a measure if the

communication does not advocate passage or defeat of the measure.

(b-1) An officer or employee of a political subdivision may not

spend or authorize the spending of public funds for a

communication describing a measure if the communication contains

information that:

(1) the officer or employee knows is false; and

(2) is sufficiently substantial and important as to be

reasonably likely to influence a voter to vote for or against the

measure.

(c) A person who violates Subsection (a) or (b-1) commits an

offense. An offense under this section is a Class A misdemeanor.

(d) It is an affirmative defense to prosecution for an offense

under this section or the imposition of a civil penalty for

conduct under this section that an officer or employee of a

political subdivision reasonably relied on a court order or an

interpretation of this section in a written opinion issued by:

(1) a court of record;

(2) the attorney general; or

(3) the commission.

(e) On written request of the governing body of a political

subdivision that has ordered an election on a measure, the

commission shall prepare an advance written advisory opinion as

to whether a particular communication relating to the measure

does or does not comply with this section.

(f) Subsections (d) and (e) do not apply to a port authority or

navigation district.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

644, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

843, Sec. 1, eff. September 1, 2009.

Sec. 255.0031. UNLAWFUL USE OF INTERNAL MAIL SYSTEM FOR

POLITICAL ADVERTISING. (a) An officer or employee of a state

agency or political subdivision may not knowingly use or

authorize the use of an internal mail system for the distribution

of political advertising.

(b) Subsection (a) does not apply to:

(1) the use of an internal mail system to distribute political

advertising that is delivered to the premises of a state agency

or political subdivision through the United States Postal

Service; or

(2) the use of an internal mail system by a state agency or

municipality to distribute political advertising that is the

subject of or related to an investigation, hearing, or other

official proceeding of the agency or municipality.

(c) A person who violates this section commits an offense. An

offense under this section is a Class A misdemeanor.

(d) In this section:

(1) "Internal mail system" means a system operated by a state

agency or political subdivision to deliver written documents to

officers or employees of the agency or subdivision.

(2) "State agency" means:

(A) a department, commission, board, office, or other agency

that is in the legislative, executive, or judicial branch of

state government;

(B) a university system or an institution of higher education as

defined by Section 61.003, Education Code; or

(C) a river authority created under the constitution or a

statute of this state.

Added by Acts 2003, 78th Leg., ch. 229, Sec. 1, eff. Sept. 1,

2003.

Sec. 255.004. TRUE SOURCE OF COMMUNICATION. (a) A person

commits an offense if, with intent to injure a candidate or

influence the result of an election, the person enters into a

contract or other agreement to print, publish, or broadcast

political advertising that purports to emanate from a source

other than its true source.

(b) A person commits an offense if, with intent to injure a

candidate or influence the result of an election, the person

knowingly represents in a campaign communication that the

communication emanates from a source other than its true source.

(c) An offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987.

Sec. 255.005. MISREPRESENTATION OF IDENTITY. (a) A person

commits an offense if, with intent to injure a candidate or

influence the result of an election, the person misrepresents the

person's identity or, if acting or purporting to act as an agent,

misrepresents the identity of the agent's principal, in political

advertising or a campaign communication.

(b) An offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 864, Sec. 249, eff. Sept. 1,

1997.

Sec. 255.006. MISLEADING USE OF OFFICE TITLE. (a) A person

commits an offense if the person knowingly enters into a contract

or other agreement to print, publish, or broadcast political

advertising with the intent to represent to an ordinary and

prudent person that a candidate holds a public office that the

candidate does not hold at the time the agreement is made.

(b) A person commits an offense if the person knowingly

represents in a campaign communication that a candidate holds a

public office that the candidate does not hold at the time the

representation is made.

(c) For purposes of this section, a person represents that a

candidate holds a public office that the candidate does not hold

if:

(1) the candidate does not hold the office that the candidate

seeks; and

(2) the political advertising or campaign communication states

the public office sought but does not include the word "for" in a

type size that is at least one-half the type size used for the

name of the office to clarify that the candidate does not hold

that office.

(d) A person other than an officeholder commits an offense if

the person knowingly uses a representation of the state seal in

political advertising.

(e) An offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 300, Sec. 30, eff. Aug. 30, 1993;

Acts 1997, 75th Leg., ch. 864, Sec. 250, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1134, Sec. 9, eff. Sept. 1, 1997; Acts 1999,

76th Leg., ch. 62, Sec. 5.17, eff. Sept. 1, 1999; Acts 1999, 76th

Leg., ch. 737, Sec. 1, eff. Sept. 1, 1999.

Sec. 255.007. NOTICE REQUIREMENT ON POLITICAL ADVERTISING SIGNS.

(a) The following notice must be written on each political

advertising sign:

"NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393,

TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAY OF A

HIGHWAY."

(b) A person commits an offense if the person:

(1) knowingly enters into a contract to print or make a

political advertising sign that does not contain the notice

required by Subsection (a); or

(2) instructs another person to place a political advertising

sign that does not contain the notice required by Subsection (a).

(c) An offense under this section is a Class C misdemeanor.

(d) It is an exception to the application of Subsection (b) that

the political advertising sign was printed or made before

September 1, 1997, and complied with Subsection (a) as it existed

immediately before that date.

(e) In this section, "political advertising sign" means a

written form of political advertising designed to be seen from a

road but does not include a bumper sticker.

Added by Acts 1991, 72nd Leg., ch. 288, Sec. 5, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 10, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1349, Sec. 71, eff.

Sept. 1, 1997.

Sec. 255.008. DISCLOSURE ON POLITICAL ADVERTISING FOR JUDICIAL

OFFICE. (a) This section applies only to a candidate or

political committee covered by Subchapter F, Chapter 253.

(b) Political advertising by a candidate who files a declaration

of intent to comply with the limits on expenditures under

Subchapter F, Chapter 253, or a specific-purpose committee for

supporting such a candidate may include the following statement:

"Political advertising paid for by (name of candidate or

committee) in compliance with the voluntary limits of the

Judicial Campaign Fairness Act."

(c) Political advertising by a candidate who files a declaration

of intent to comply with the limits on expenditures under

Subchapter F, Chapter 253, or a specific-purpose committee for

supporting such a candidate that does not contain the statement

prescribed by Subsection (b) must comply with Section 255.001.

(d) Political advertising by a candidate who files a declaration

of intent to exceed the limits on expenditures under Subchapter

F, Chapter 253, or a specific-purpose committee for supporting

such a candidate must include the following statement: "Political

advertising paid for by (name of candidate or committee), (who or

which) has rejected the voluntary limits of the Judicial Campaign

Fairness Act."

(e) The commission shall adopt rules providing for:

(1) the minimum size of the disclosure required by this section

in political advertising that appears on television or in

writing; and

(2) the minimum duration of the disclosure required by this

section in political advertising that appears on television or

radio.

(f) A person who violates this section or a rule adopted under

this section is liable for a civil penalty not to exceed:

(1) $15,000, for a candidate for a statewide judicial office or

a specific-purpose committee for supporting such a candidate;

(2) $10,000, for a candidate for chief justice or justice, court

of appeals, or a specific-purpose committee for supporting such a

candidate; or

(3) $5,000, for a candidate for any other judicial office

covered by Subchapter F, Chapter 253, or a specific-purpose

committee for supporting such a candidate.

(g) Section 253.176 applies to the imposition and disposition of

a civil penalty under this section.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 6, eff. Sept. 1,

1995.