H.B. No. 401 introduces a new criminal offense related to the creation and distribution of misleading videos, specifically deep fake videos, with the intent to influence election outcomes or harm candidates. The bill amends Section 255.004(d) of the Election Code, stating that a person commits an offense if they create a deep fake video and distribute it with the intent to injure a candidate or influence an election result. Notably, the previous requirement that such distribution must occur within 30 days of an election has been removed.

The bill specifies that the amended provisions will only apply to offenses committed on or after its effective date of September 1, 2025. Any offenses occurring before this date will be governed by the law in effect at that time, ensuring that prior actions are not subject to the new regulations. This approach allows for a clear transition to the updated legal framework regarding misleading election-related content.

Statutes affected:
Introduced: Election Code 255.004 (Election Code 255)