S.B. No. 1453
AN ACT
1-1 relating to the availability of legislative information and the use
1-2 of certain legislatively produced materials.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 306, Government Code, is amended by
1-5 adding Sections 306.005 and 306.006 to read as follows:
1-6 Sec. 306.005. USE OF LEGISLATIVELY PRODUCED AUDIO OR VISUAL
1-7 MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may
1-8 not use audio or video materials produced by or under the direction
1-9 of the legislature or of a house, committee, or agency of the
1-10 legislature in political advertising.
1-11 (b) After a formal hearing held as provided by Subchapter E,
1-12 Chapter 571, the Texas Ethics Commission may impose a civil penalty
1-13 against a person who violates this section. The amount of the
1-14 penalty may not exceed $5,000 for each violation.
1-15 (c) Subsection (a) does not prohibit describing or quoting
1-16 the verbal content of the audio or video materials in political
1-17 advertising.
1-18 (d) In this section, "political advertising" has the meaning
1-19 assigned by Section 251.001, Election Code.
1-20 Sec. 306.006. COMMERCIAL USE OF LEGISLATIVELY PRODUCED AUDIO
1-21 OR VISUAL MATERIALS. (a) A person may not use audio or video
1-22 materials produced by or under the direction of the legislature or
1-23 of a house, committee, or agency of the legislature for a
1-24 commercial purpose unless the legislative entity that produced the
2-1 audio or video materials or under whose direction the audio or
2-2 video materials were produced gives its permission for the person's
2-3 commercial use and:
2-4 (1) the person uses the audio or video materials only
2-5 for educational or public affairs programming, including news
2-6 programming, that does not also constitute a use prohibited under
2-7 Section 306.005; or
2-8 (2) the person transmits to paid subscribers an
2-9 unedited feed of the audio or visual materials.
2-10 (b) A person who violates Subsection (a) commits an offense.
2-11 An offense under this subsection is a Class C misdemeanor.
2-12 (c) The legislative entity that produced the audio or video
2-13 materials or under whose direction the audio or video materials
2-14 were produced shall give its permission to a person to use the
2-15 materials for a commercial purpose described by Subsection (a)(1)
2-16 if the person or the person's representative submits to the
2-17 legislative entity a signed, written request for the use that:
2-18 (1) states the purpose for which the audio or video
2-19 materials will be used and the stated purpose is allowed under
2-20 Subsection (a)(1); and
2-21 (2) contains an agreement by the person that the audio
2-22 or visual materials will not be used for a commercial purpose other
2-23 than the stated purpose.
2-24 (d) The legislative entity is not required to give its
2-25 permission to any person to use the materials for a purpose
2-26 described by Subsection (a)(2) and may limit the number of persons
2-27 to whom it gives its permission to use the materials for a purpose
3-1 described by Subsection (a)(2).
3-2 (e) Subsection (a) and an agreement under Subsection (c)(2)
3-3 do not prohibit compiling, describing, quoting from, analyzing, or
3-4 researching the verbal content of the audio or visual materials for
3-5 a commercial purpose.
3-6 (f) In addition to the criminal penalty that may be imposed
3-7 under Subsection (b), the attorney general shall enforce this
3-8 section at the request of the legislative entity by bringing a
3-9 civil action to enjoin a violation of Subsection (a) or of an
3-10 agreement under Subsection (c)(2).
3-11 (g) In this section, "commercial purpose" means a purpose
3-12 that is intended to result in a profit or other tangible benefit.
3-13 SECTION 2. Section 323.014, Government Code, is amended by
3-14 adding Subsection (d) to read as follows:
3-15 (d) The council may consider the needs of persons with
3-16 disabilities when making decisions regarding the formats in which
3-17 information is made available under this chapter.
3-18 SECTION 3. Chapter 323, Government Code, is amended by
3-19 adding Section 323.0145 to read as follows:
3-20 Sec. 323.0145. ELECTRONIC AVAILABILITY OF LEGISLATIVE
3-21 INFORMATION THROUGH THE INTERNET. (a) In this section:
3-22 (1) "Internet" means the largest nonproprietary
3-23 nonprofit cooperative public computer network, popularly known as
3-24 the Internet.
3-25 (2) "Legislative information" means:
3-26 (A) a list of all the members of each house of
3-27 the legislature;
4-1 (B) a list of the committees of the legislature
4-2 and their members;
4-3 (C) the full text of each bill as filed and as
4-4 subsequently amended, substituted, engrossed, or enrolled in either
4-5 house of the legislature;
4-6 (D) the full text of each amendment or
4-7 substitute adopted by a legislative committee for each bill filed
4-8 in either house of the legislature;
4-9 (E) the calendar of each house of the
4-10 legislature, the schedule of legislative committee hearings, and a
4-11 list of the matters pending on the floor of each house of the
4-12 legislature;
4-13 (F) detailed procedural information about how a
4-14 bill filed in either house of the legislature becomes law,
4-15 including detailed timetable information concerning the times under
4-16 the constitution or the rules of either house when the legislature
4-17 may take certain actions on a bill;
4-18 (G) the district boundaries or other identifying
4-19 information for the following districts in Texas:
4-20 (i) house of representatives;
4-21 (ii) senate;
4-22 (iii) State Board of Education; and
4-23 (iv) United States Congress; and
4-24 (H) other information related to the legislative
4-25 process that in the council's opinion should be made available
4-26 through the Internet.
4-27 (b) The council, to the extent it considers it to be
5-1 feasible and appropriate, may make legislative information
5-2 available to the public through the Internet.
5-3 (c) The council may make available to the public through the
5-4 Internet any documentation that describes the electronic digital
5-5 formats of legislative information.
5-6 (d) The access to legislative information allowed by this
5-7 section:
5-8 (1) is in addition to the public's access to the
5-9 information through other electronic or print distribution of the
5-10 information;
5-11 (2) does not alter, diminish, or relinquish any
5-12 copyright or other proprietary interest or entitlement of the State
5-13 of Texas or a private entity under contract with the state; and
5-14 (3) does not affect Section 323.014.
5-15 SECTION 4. Chapter 323, Government Code, is amended by
5-16 adding Section 323.018 to read as follows:
5-17 Sec. 323.018. RECORDS OF DRAFTING AND OTHER REQUESTS.
5-18 Records relating to requests of council staff for the drafting of
5-19 proposed legislation or for assistance, information, advice, or
5-20 opinion are not public information.
5-21 SECTION 5. This Act takes effect September 1, 1995.
5-22 SECTION 6. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.