Kolkhorst Bill Fines Undisclosed Political Texts Up To $10,000 Each

The text as introduced · 388 words

89R714 CJD-D

By: Kolkhorst
S.B. No. 880

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

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 [ $4,000 ].

(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.