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.