H.B. No. 736




AN ACT

relating to use of the internal mail system of a governmental agency 
to deliver political advertising; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 255, Election Code, is amended by adding 
Section 255.0031 to read as follows:
	Sec. 255.0031.  UNLAWFUL USE OF INTERNAL MAIL SYSTEM FOR 
POLITICAL ADVERTISING.  (a)  An officer or employee of a state 
agency or political subdivision may not knowingly use or authorize 
the use of an internal mail system for the distribution of political 
advertising.
	(b)  Subsection (a) does not apply to:                                  
		(1)  the use of an internal mail system to distribute 
political advertising that is delivered to the  premises of a state 
agency or political subdivision through the United States Postal 
Service; or
		(2)  the use of an internal mail system by a state 
agency or municipality to distribute political advertising that is 
the subject of or related to an investigation, hearing, or other 
official proceeding of the agency or municipality.
	(c)  A person who violates this section commits an offense.  
An offense under this section is a Class A misdemeanor.
	(d)  In this section:                                                   
		(1)  "Internal mail system" means a system operated by 
a state agency or political subdivision to deliver written 
documents to officers or employees of the agency or subdivision.
		(2)  "State agency" means:                                             
			(A)  a department, commission, board, office, or 
other agency that is in the legislative, executive, or judicial 
branch of state government;
			(B)  a university system or an institution of 
higher education as defined by Section 61.003, Education Code; or
			(C)  a river authority created under the 
constitution or a statute of this state.
	SECTION 2.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 736 was passed by the House on April 
25, 2003, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 736 on May 30, 2003, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 736 was passed by the Senate, with 
amendments, on May 28, 2003, by a viva-voce vote.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor