HB 427 — A criminal offense

90R342 CJD-D By: González of El Paso H.B. No. 427 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.

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.