78R974 ESH-D

By:  Denny                                                        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 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.
	(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.