HB4960 - Relating to political advertising distributed or broadcast as part of a mass text message campaign and civil penalties for required disclosures on certain political advertising.

      By: Phelan H.B. No. 4960       A BILL TO BE ENTITLED   AN ACT   relating to political advertising distributed or broadcast as part   of a mass text message campaign and civil penalties for required   disclosures on certain political advertising.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 251.001, Election Code, is amended by   amending Subdivision (16) and adding Subdivision (22) to read as   follows:                (16)  "Political advertising" means a communication   supporting or opposing a candidate for nomination or election to a   public office or office of a political party, a political party, a   public officer, or a measure that:                      (A)  in return for consideration, is published in   a newspaper, magazine, or other periodical or is broadcast by radio   or television or as part of a mass text message campaign ; or                      (B)  appears:                            (i)  in a pamphlet, circular, flier,   billboard or other sign, bumper sticker, or similar form of written   communication; or                            (ii)  on an Internet website.                 (22)     "Mass text message campaign" means an organized   effort in which a person sends a text message to multiple recipients   in support of or opposition to a candidate, a political party, a   public officer, or a measure and which involves an expenditure of   funds for the messages that exceed the basic cost of hardware,   messaging software, and bandwidth.          SECTION 2.  Section 255.001, Election Code, is amended by   adding Subsection (f) to read as follows:           (f)     For purposes of assessing a civil penalty under   Subsection (e), all text messages that are distributed or broadcast   as part of a single mass text message campaign that violates this   section constitute only one violation of this section.          SECTION 3.  The changes in law made by this Act apply only to   political advertising that is distributed or broadcast on or after   the effective date of this Act. The distribution or broadcasting of   political advertising before the effective date of this Act is   governed by the law in effect on the date the political advertising   was distributed or broadcast, and the former law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.