89R21134 MZM-F     By: Phelan H.B. No. 366     Substitute the following for H.B. No. 366:     By:  Darby C.S.H.B. No. 366       A BILL TO BE ENTITLED   AN ACT   relating to required disclosures on certain political advertising   that contains altered media; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 255, Election Code, is amended by adding   Section 255.0015 to read as follows:          Sec. 255.0015.  REQUIRED DISCLOSURE ON CERTAIN POLITICAL   ADVERTISING CONTAINING ALTERED MEDIA; CRIMINAL PENALTY. (a) This   section applies only to a person who:                (1)  is an officeholder, candidate, or political   committee;                (2)  makes expenditures during a reporting period that   in the aggregate exceed $100 for political advertising, other than   an expense to cover the basic cost of hardware, messaging software,   and bandwidth; or                (3)  publishes, distributes, or broadcasts political   advertising described by Subsection (b) in return for   consideration.          (b)  A person may not, with the intent to influence an   election, knowingly cause to be published, distributed, or   broadcast political advertising that includes an image, audio   recording, or video recording of an officeholder's or candidate's   appearance, speech, or conduct that did not occur in reality,   including an image, audio recording, or video recording that has   been altered using generative artificial intelligence technology,   unless the political advertising includes a disclosure from the   person or another person on whose behalf the political advertising   is published, distributed, or broadcast indicating that the image,   audio recording, or video recording did not occur in reality.          (c)  The commission by rule shall prescribe the form of the   disclosure required by Subsection (b), including the font, size,   and color of the disclosure. The commission shall ensure that the   form of the disclosure is consistent with other required   disclosures on political advertising.          (d)  A person commits an offense if the person violates this   section. An offense under this section is a Class A misdemeanor.          (e)  This section does not impose liability on any of the   following persons for political advertising published,   distributed, or broadcast by or at the direction of another person:                (1)  an interactive computer service, as defined by 47   U.S.C. Section 230(f);                (2)  an Internet service provider, cloud service   provider, cybersecurity service provider, communication service   provider, or telecommunications network;                (3)  a radio or television broadcaster, including a   cable or satellite television network operator, programmer, or   producer; or                (4)  the owner or operator of a commercial sign, as   defined by Section 391.001, Transportation Code.          SECTION 2.  This Act takes effect September 1, 2025.