(C) Texas Tribune This story was originally published by Texas Tribune and is unaltered. . . . . . . . . . . The Blast: Phelan “deepfake” gets its moment in committee [1] [] Date: 2024-05 Apr 29, 2024 | View in browser By Renzo Downey and The Texas Tribune Politics Team 1 day until early voting ends in the SD-15 special and local elections, 5 days until the SD-15 special election and uniform election day, 29 days until the primary runoff YASS-FUNDED DEEPFAKE COULD SPUR LEGISLATION A recent “deepfaked” ad targeting House Speaker Dade Phelan could inspire further legislation to crack down on doctored imagery in political ads. At the end of today’s hearing of the House Select Committee on Artificial Intelligence and Emerging Technologies, political attorney Andrew Cates suggested the committee should recommend an update to Senate Bill 751 from 2019, which created a Class A misdemeanor offense for distributing a “deep fake video” created with the intent to deceive voters. “Not to bring up sensitive stuff, but the speaker got hit a couple days ago with a fake image, or a deceptively altered image,” Cates said. “It’s not against the law here.” That mailer, paid for by the Jeff Yass-bankrolled Club for Growth Action PAC, depicted Phelan in an intimate hug with former U.S. House Speaker Nancy Pelosi, apparently a remake of Pelosi hugging new House Democratic Leader Hakeem Jeffries. Less publicized was the flip side of the mailer, which falsely depicted Phelan at a lectern speaking at a Texas House Democratic Caucus news conference. If the ad was a sore subject among the loyal members of the Texas House, committee Chair Giovanni Capriglione, R-Southlake, didn’t seem to mind. “It was multiple images, one on each side, and what’s a video but multiple images played really quickly?” Capriglione said, adding that the Legislature may need to update the law. “It’s unfair. It’s deliberately made to deceive individuals,” Capriglione continued. “[AI] can make things look so realistic and, obviously, neither of those two images actually happened.” In addition to the ad containing photos, not a video, SB 751 only outlawed deep fake videos within 30 days of an election, and the ad was sent just outside of that time frame. Cates suggested that the Legislature also expand the law to include radio, sound, speech and text. He also suggested making it a third-degree felony, as that would get the attention of groups who are scared of felonies but unaware of misdemeanors. The committee isn’t conducting official interim hearings yet, but Capriglione also co-chairs an AI panel that is set to submit recommendations before the end of the year. Assume this could make either panel’s list of recommendations. Phelan hasn’t shied away from talking about the ad, recently using the doctored photo in his own ad to show the lengths at which he says David Covey would go in his primary challenge against the speaker. However, Phelan didn’t respond to The Blast’s question asking whether hewould support updating the deep fake law. The Texas Tribune thanks its sponsors. Become one. HIDDEN AD LOCAL ELECTIONS AND SD-15 SPECIAL UPDATE There are five days to go in the local elections taking place on Saturday, with school board, city council, property appraisal district boards and more on local ballots, including a marijuana decriminalization proposal. In Travis County, voters will elect members of the Travis Central Appraisal District Board of Directors after the governor signed Senate Bill 2 from the second special session on property taxes last year, which included a portion requiring that large counties elect the board members of their appraisal districts. Prior to the new law, those board members were appointed. Place 1: Republican former Austin City Council member Don Zimmerman and Democrat Jett Hanna , an attorney and former TCAD board member. and Democrat , an attorney and former TCAD board member. Place 2: Democrat Shenghao “Daniel” Wang , Libertarian Jonathan Patschke and Travis County Republican Party Chair Matt Mackowiak . , Libertarian and Travis County Republican Party Chair . Place 3: Republican Bill May and former TCAD board member Dick Lavine, a Democrat who previously worked for left-leaning public policy thinktank Every Texan. Sections of cities like Austin and Houston will also vote whether to de-annex themselves after the Legislature passed House Bill 3053. That law requires large cities that unilaterally annexed neighboring areas between 2015 and 2017, when cities knew they were about to lose that ability, to ask those communities for a second opinion — or, in this case, a first opinion. In Austin, Lost Creek, Mooreland Addition, Blue Goose Road, Lennar at Malone, Wildhorse/Webb Tract and River Place Outparcels will vote whether to secede from Austin. And despite Attorney General Ken Paxton’s lawsuits targeting five cities that decriminalized marijuana, voters in Lubbock County will decide whether to decriminalize Class A and Class B misdemeanor marijuana possession offenses for adults. The local elections mentioned here are not an exhaustive list. There’s also the special election to replace now-Houston Mayor John Whitmire in the Houston area’s Senate District 15. As The Blast previewed last week, that race features state Rep. Jarvis Johnson and Molly Cook, two Democrats, in a race that will be relitigated in the primary runoff a few weeks later on May 28. The latest fundraising reports in that race show that Johnson extended his fundraising lead with $30,000 received Friday on top of the $94,000 he had as cash on hand as of Wednesday while Cook is sitting with $88,000 on hand as of Wednesday. Johnson took 36% in the March 5 primary to Cook’s 21%. YOU ARE NOW FREE TO FIGHT ABOUT THE SENATE Congress is back in session for the next four weeks beginning today, and one major piece of legislation for the upcoming period, the Federal Aviation Administration reauthorization bill, is already sparking dogfights in the Senate. Texas lawmakers, particularly U.S. Reps. Joaquin Castro, D-San Antonio, Chip Roy, R-Austin, and other members representing San Antonio, want to expand the number of long-distance flight slots at Ronald Reagan Washington National Airport. While the effort was delayed in the House, the Senate version pushed back from committee, taxied to the Senate floor and awaits clearance for takeoff. Senate Commerce Committee Chair Maria Cantwell, D-Washington, and Republican ranking member Ted Cruz got the bill out of committee. But the senators from Maryland and Virginia released a statement criticizing the committee for advancing the measure. “We are deeply frustrated that Committee leadership with jurisdiction over the FAA Reauthorization Act — none of whom represent the capital region — have decided to ignore the flashing red warning light of the recent near collision of two aircraft at DCA and jam even more flights on the busiest runway in America,” wrote the senators, all four of whom are Democrats. “It should go without saying that the safety of the traveling public should be a higher priority than the convenience of a few lawmakers who want direct flights home from their preferred airport. We will continue to fight against this ridiculous and dangerous proposal.” U.S. Sen. John Cornyn, who is vying to be the next Senate Republican leader, went to bat for Cruz on this one. “Cloaking themselves in the misleading rhetoric of safety while ignoring the legitimate needs of millions of Texans, including those from the seventh largest city in the US!” Cornyn tweeted. San Antonio International Airport falls just outside DCA’s long-distance range yet serves the nation’s 24th-largest metro area. The Texas Tribune thanks its sponsors. Become one. HIDDEN AD TITLE IX RULE SPARKS GOP ACTION Texas officials are reacting to the Biden administration’s expansion of Title IX protections to include transgender women with lawsuits and orders to flat out ignore the new rule. The Biden administration is set to expand Title IX, which prohibits sex-based discrimination at federally funded colleges and K-12 schools, to prevent misconduct based on sex stereotypes, pregnancy, gender identity and sexual orientation. Gov. Greg Abbott instructed the Texas Education Agency to ignore the new rules. “Title IX was written by Congress to support the advancement of women academically and athletically,” Abbott wrote in a letter to President Joe Biden. “The law was based on the fundamental premise that there are only two sexes — male and female. You have rewritten Title IX to force schools to treat boys as if they are girls and to accept every student’s self-declared gender identity. This ham-handed effort to impose a leftist belief onto Title IX exceeds your authority as President.” Attorney General Ken Paxton today also filed a 30-page lawsuit against the U.S. Department of Education and department officials. “‘On the basis of sex’ references to one’s ‘biological sex,’” the lawsuit notes. “It does not mean does not mean ‘on the basis of gender identity’ or ‘on the basis of sexual orientation.’” Teams of state attorneys general have sued the Biden administration separately. Louisiana is leading at least Idaho, Montana and Mississippi in one suit while Alabama, Florida and South Carolina are party to another lawsuit. HIDDEN IMAGE The House Select Committee on Protecting Texas LNG Exports will meet at 9 a.m. on Thursday in Port Arthur. View list of upcoming meeting notices here and here. Melissa Murray, Karl Rove, Kay Bailey Hutchison and Tom Steyer — with many more to be announced soon. There’s still time to get discounted tickets to The Texas Tribune Festival , happening Sept. 5–7 in downtown Austin. Speakers includeand— with many more to be announced soon. Check out the executive ticket package, which includes premium seating at the opening and closing keynotes, access to the Executive Lounge and luncheon with other insiders like you, exclusive meet-and-greet opportunities, priority entry at designated venues and more! Prices go up at midnight May 1. Get your TribFest tickets now at a special rate — but act fast! CAMPAIGN ROUNDUP SD-30: State Rep. David Spiller, R-Jacksboro, endorsed Brent Hagenbuch over Jace Yarbrough in the Republican primary runoff to nominate the expected replacement for state Sen. Drew Springer, R-Muenster. Former House Speaker Dennis Bonnen was a member of the host committee for fundraisers this afternoon for state Reps. Giovanni Capriglione, R-Southlake, in HD-98 and Oscar Longoria, D-Mission, in HD-35. Both members were in town for the House Select Committee on Artificial Intelligence and Emerging Technologies meeting earlier in the day. HIDDEN IMAGE As Michael Quinn Sullivan noted on Twitter, there are rumors swirling around Houston and D.C. that Democratic U.S. Rep. Sheila Jackson Lee is in poor health. Jackson Lee lost the Houston mayoral election against John Whitmire and beat former City Council member Amanda Edwards , her old intern, in her primary for reelection. noted on Twitter, there are rumors swirling around Houston and D.C. that Democratic U.S. Rep. is in poor health. Jackson Lee lost the Houston mayoral election against and beat former City Council member , her old intern, in her primary for reelection. Condolences to U.S. Rep. Chip Roy , R-Austin, who posted on social media yesterday that his grandmother had died. , R-Austin, who posted on social media yesterday that his grandmother had died. After the resounding success of his “Cruz College Championship Pick’em Challenge,” U.S. Sen. Ted Cruz is launching “Cruz Derby Contest,” in which contestants submit their pick to win Saturday’s Kentucky Derby and submit their contact information to his campaign for a chance to win a photo of the winning horse signed by the senator. Cruz’s campaign randomly selected Nueces County Commissioner Brent Chesney as the winner of its March Madness “College Championship” contest. is launching “Cruz Derby Contest,” in which contestants submit their pick to win Saturday’s Kentucky Derby and submit their contact information to his campaign for a chance to win a photo of the winning horse signed by the senator. Cruz’s campaign randomly selected Nueces County Commissioner as the winner of its March Madness “College Championship” contest. We mentioned in Friday’s Blast that the Texas Department of Licensing and Regulation has proposed a rule to license and regulate slap fighting in Texas. What we omitted was that the agency projects that state-sanctioned slap fighting would cost the state $44,400 per year for the first five years but bring in $160,000 per year with the anticipated 20 annual events that will be held, plus licensing revenues amounting to $6,100 in the first year and $5,700 in subsequent years. HIDDEN IMAGE Gov. Greg Abbott appointed Robert H. Clay to the Texas Facilities Commission for a term set to expire in January 2027. The Texas Tribune thanks its sponsors. Become one. HIDDEN AD HIDDEN IMAGE A bit of state history from Texas’ senior senator: HIDDEN IMAGE HIDDEN IMAGE (April 29) Country singer, guitarist and songwriter Willie Nelson SPONSOR MESSAGES When Strategic Relationships Matter — Advocacy for Non-Profits and Corporations. Arnold Public Affairs. Proven strategies. Proven results. Good Reason Houston believes students deserve great school options. Explore our data dashboard to find out how schools are performing. Waters Kraus Paul & Siegel - “Carnival Cruise Line cannot deny our client his chance in court." Partner Charles Siegel. See how our firm fights on behalf of Texans like you. Read more. Lone Star College has been recognized as a top degree producer for Hispanic and Latino students in the nation by Hispanic Outlook on Education magazine. 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