By:  Denny, Grusendorf (Senate Sponsor - Shaprio)                 H.B. No. 736
	(In the Senate - Received from the House April 28, 2003; 
May 1, 2003, read first time and referred to Committee on State 
Affairs; May 23, 2003, reported favorably by the following vote:  
Yeas 6, Nays 0; May 23, 2003, sent to printer.)


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.                           



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