Overall Vote Recommendation

Vote No; Amend

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 893 aims to enhance election integrity by addressing the creation and distribution of deceptive digital content, such as deepfake videos and altered images, that could mislead voters and influence election outcomes. The bill amends Section 255.004 of the Texas Election Code by expanding the definition of prohibited election-related misinformation to include manipulated images in addition to deepfake videos. It establishes new criminal penalties, classifying offenses related to deepfakes as Class A misdemeanors and those involving altered images as Class B misdemeanors.

The legislation introduces an affirmative defense for individuals who clearly label altered images, ensuring that certain modifications, such as satire or editorial content, are not unintentionally penalized. By tightening restrictions on digitally manipulated election materials, SB 893 seeks to prevent voter deception and maintain trust in the electoral process. However, concerns over free speech limitations and potential overreach highlight the need for narrower definitions and clearer safeguards to prevent the suppression of legitimate political discourse.

The Committee Substitute for SB 893 expands the scope of the originally filed bill by adding altered images to the list of prohibited deceptive materials, alongside deepfake videos. This change broadens the bill’s focus beyond video content, recognizing the growing role of manipulated images in spreading election misinformation. The definitions for both deepfake videos and altered images remain largely the same, with exemptions for cartoons, satire, and minor image modifications like brightness and contrast adjustments.

A significant change in the Committee Substitute is the removal of the 30-day pre-election restriction on distributing deepfake videos. Under the original bill, penalties only applied if the misleading content was distributed within 30 days of an election. The substitute removes this limitation, making it a criminal offense to create or distribute deceptive election-related media at any time. Additionally, the affirmative defense provision—allowing individuals to avoid prosecution if they clearly label an altered image—remains in both versions, though neither specifies how such labeling should appear.

Despite these changes, the criminal classifications remain unchanged. The bill continues to designate deep fake violations as Class A misdemeanors and altered image violations as Class B misdemeanors.

Author (1)

Nathan Johnson

Co-Author (1)

Lois Kolkhorst

Contact the Author

Sen. Nathan Johnson

Capitol Phone:

(512) 463-0116

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 893 is not expected to have a significant fiscal impact on the state. The bill creates a Class B misdemeanor for creating and distributing altered images with the intent to deceive and influence an election, while also modifying an existing Class A misdemeanor for deep fake videos. The bill removes the 30-day election period limitation, making these offenses prosecutable at any time. Despite the potential for increased prosecutions, the fiscal impact on state correctional resources is expected to be minimal.

For local governments, the fiscal impact is also projected to be insignificant. Costs associated with law enforcement, prosecution, supervision, and confinement related to these offenses are not expected to be substantial enough to burden local budgets. The Office of Court Administration and the Texas Judicial Council were cited as source agencies for this analysis.

In summary, SB 893 is not anticipated to create a significant financial burden on state or local government resources, as enforcement and prosecution costs are expected to be manageable within existing budgets.

Vote Recommendation Notes

SB 893 seeks to strengthen election integrity laws by criminalizing the creation and distribution of altered images in political advertising, in addition to existing prohibitions on deepfake videos. The bill establishes a Class B misdemeanor for those who create or distribute altered images with the intent to deceive and influence election results, while also removing the 30-day election period limitation previously applied to deepfake videos. This expansion reflects the growing threat of manipulated media in political discourse and aims to prevent voter deception.

A key feature of the bill is the inclusion of an affirmative defense, allowing individuals to avoid prosecution if a clear label is added to the altered image. This provision seeks to balance free speech concerns while ensuring that deceptive content is properly disclosed. The bill does not grant any new rulemaking authority to state agencies, and its implementation is not expected to create a significant fiscal burden on the state or local governments.

Given all of this, Texas Policy Research recommends that lawmakers vote NO on SB 893 unless it is amended. While the bill seeks to effectively address election misinformation, concerns remain regarding potential overreach and enforcement challenges. Clarifying labeling requirements and ensuring satirical or editorial content is explicitly protected would enhance the bill’s alignment with free speech protections while maintaining its goal of preventing deceptive election practices.

Related Legislation

HB 2795 (Similar To)

View Bill Text and Status