Bill Text: TX HB2285 | 2025-2026 | 89th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-30 - Filed [HB2285 Detail]
Download: Texas-2025-HB2285-Introduced.html
89R714 CJD-D | ||
By: Bonnen | H.B. No. 2285 |
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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 | ||
amending Subsection (e) and adding Subsection (f) to read as | ||
follows: | ||
(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 $10,000 [ |
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(f) For purposes of assessing a civil penalty under | ||
Subsection (e), each individual text message that is distributed or | ||
broadcast as part of a mass text message campaign in violation of | ||
this section is a separate violation. | ||
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. |