Texas House Bill 366 (2025-2026, 89th Legislature), authored by former House Speaker Dade Phelan, requires political advertisements to disclose if images, audio, or videos are substantially altered, particularly using AI or deepfake technology, to misrepresent a candidate or officeholder’s appearance, speech, or conduct. Supporters of the bill say it only applies to officeholders, candidates, and PACs, though critics argue its broad language could affect satirical social media posts and memes.
The bill’s language does not specify that it only applies to official campaign materials. It just says, “anyone with intent to influence an election.”
HR366…
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,
Non-compliance is a Class A misdemeanor, punishable by up to one year in jail and/or a $4,000 fine.
HB366 is billed as protecting election integrity. Others say it will have a chilling effect on freedom of speech. It will most likely face legal challenges if it is passed by the Senate and signed by the Governor. The bill was supported by Democrats, while Republicans split nearly in half.
