Any materials you distribute that relate to possible legislative matters are supposed to have a disclaimer that shows who contracted for the item to be reproduced and on whose behalf it was done. If the materials are reproduced in house and you did not "enter into a contract or other agreement to print, publish, or broadcast the legislative advertising", then there is technically no requirement that the disclaimer be placed on the materials. COMMISSION EXAMPLE: If you print legislative advertising fliers with your own computer and printer, the disclosure is not required. But, if you print a master copy of a legislative advertising flier at home and then you agree to have the fliers printed at a copy shop, the disclosure is required.

However, the safe advice to avoid complaints is to always have the disclaimer if your material "supports, opposes, or proposes legislation." 

If you deem a disclaimer is necessary, Section 305.027 of the Government Code outlines what you must include:

• that it is legislative advertising;
• the full name of the individual who personally entered into the contract or agreement with the printer, publisher or broadcaster and the name of the person, if any, that the individual represents; and
• in the case of printed or published advertising, the address of the individual who entered into the contract or agreement with the printer or publisher, and the address of the person, if any, that the individual represents.

Make sure you also add the disclaimer to radio and television broadcasts. Those have different requirements so check them - but our advice is the same - include the disclaimer.

NOTE: There are differences between the political advertising and legislative advertising requirements. The political advertising disclosure statement contains the name of either the individual placing the advertising or the person the individual represents. The legislative advertising disclosure statement requires the names and addresses of both persons to be included.

The Ethics Commission has a brochure on this issue which is a helpful resource.

AND, don’t forget to report “mass media expenditures” on your lobby activities report. If something needs a disclaimer, check to see if it needs to be reported as mass media communications on your lobby activities report. Mass media expenditures are expenditures made for broadcast or print advertisements, direct mailings, and other mass media communications that support, oppose, or encourage others to support or oppose pending legislation or administrative action if those communications are made to a person other than a member, employee, or stockholder of an entity that reimburses, retains or employs the registrant.

Speaking of reporting mass media expenditures, the Commission opined in EAO 562 that communications published on social media websites are “mass media communications” for purposes of the lobby law. Consequently, registered lobbyists must report their expenditures for advertisements on social media (sometimes called social media “boosts”) if the communications support or oppose or encourage another to support or oppose pending legislation or administrative action. There are some specifics, so be sure to read the opinion and see if it applies to your situation.

Definition:

"Legislative advertising" means a communication that supports, opposes, or proposes legislation and that either:

• in return for consideration, is published in a newspaper, magazine, or other periodical or is broadcast by radio or television, or
• appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, button, or similar form of written communication.