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.
Section: 255.001 255.002 255.003 255.0031 255.004 255.005 255.006 255.007 NextLast modified: September 28, 2016