78R10377 ESH-D
By: Denny, Grusendorf H.B. No. 736
Substitute the following for H.B. No. 736:
By: Denny C.S.H.B. No. 736
A BILL TO BE ENTITLED
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 to distribute political advertising that is the subject of
or related to an investigation, hearing, or other official
proceeding of the agency.
(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.