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, removing the stipulation that such actions must occur within 30 days of an election. This change broadens the scope of the offense, allowing for prosecution regardless of the timing relative to the election date.

The bill stipulates that it 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 previous law, ensuring that individuals are prosecuted under the legal framework in place at the time of their actions. This provision aims to clarify the applicability of the new law and maintain legal consistency for past offenses.

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