Relating to a criminal offense for the creation or distribution of certain artificially generated media with the intent to influence the outcome of an election.

The text as introduced · 452 words

90R342 CJD-D

By: González of El Paso
H.B. No. 427

A BILL TO BE ENTITLED

AN ACT

relating to a criminal offense for the creation or distribution of

certain artificially generated media with the intent to influence

the outcome of an election.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 255.004, Election Code, is amended by

amending Subsections (d) and (e) and adding Subsection (f) to read

as follows:

(d) A person commits an offense if the person, with intent

to injure a candidate or influence the result of an election:

(1) creates artificially generated media [ a deep fake

video ]; and

(2) causes the artificially generated media [ deep fake

video ] to be published or distributed within 30 days of an election.

(e) In this section, "artificially generated media" [ "deep

fake video" ] means an image, an audio recording, including a

recording of an individual's speech, a video recording , a radio

broadcast, or written text created or modified using generative

artificial intelligence technology or other computer software with

the intent to deceive[ , that appears to depict a real person

performing an action that did not occur in reality ].

(f) This section does not apply to political advertising

that is satire or parody or that:

(1) a radio or television broadcaster, including a

cable or satellite television operator, programmer, or producer, or

the owner or operator of a broadcasting station, Internet website,

streaming service, mobile application, or online platform is paid

to publish or broadcast; or

(2) a radio or television broadcaster, including a

cable or satellite television operator, programmer, or producer, or

the owner or operator of a broadcasting station, Internet website,

streaming service, intermediary technology platform, mobile

application, or online platform disseminates as part of a bona fide

newscast, news interview, or news documentary or on-the-spot

coverage of a bona fide news event if the broadcast or publication

includes a clear acknowledgment or disclosure that can easily be

heard and understood by the average listener or viewer indicating

that there are questions about the authenticity of the content of

the political advertising.

SECTION 2. Section 255.004, Election Code, as amended by

this Act, applies only to an offense committed on or after the

effective date of this Act. An offense committed before the

effective date of this Act is governed by the law in effect at the

time the offense was committed, and the former law is continued in

effect for that purpose. For purposes of this section, an offense

was committed before the effective date of this Act if any element

of the offense occurred before that date.

SECTION 3. This Act takes effect September 1, 2027.