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.