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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain audio or video material produced by |
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or under the direction of an appellate court; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 22, Government Code, is |
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amended by adding Sections 22.303 and 22.304 to read as follows: |
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Sec. 22.303. USE OF COURT PRODUCED AUDIO OR VIDEO MATERIALS |
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IN POLITICAL ADVERTISING PROHIBITED. (a) A person may not use |
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audio or video materials produced by or under the direction of an |
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appellate court in political advertising. |
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(b) For purposes of Section 571.122, this section is a law |
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administered and enforced by the Texas Ethics Commission. After a |
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formal hearing held as provided by Subchapter E, Chapter 571, the |
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commission may impose a civil penalty against a person who violates |
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this section. The amount of the penalty may not exceed $5,000 for |
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each violation. |
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(c) Subsection (a) does not prohibit describing or quoting |
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the verbal content of the audio or video materials in political |
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advertising. |
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(d) In this section, "political advertising" has the |
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meaning assigned by Section 251.001, Election Code. |
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Sec. 22.304. COMMERCIAL USE OF COURT PRODUCED AUDIO OR |
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VIDEO MATERIALS. (a) A person may not use audio or video materials |
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produced by or under the direction of an appellate court for a |
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commercial purpose unless the court that produced the audio or |
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video materials or under whose direction the audio or video |
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materials were produced gives written permission for the person's |
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commercial use and: |
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(1) the person uses the audio or video materials only |
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for educational or public affairs programming, including news |
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programming, that does not also constitute a use prohibited under |
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Section 22.303; or |
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(2) the person transmits to paid subscribers an |
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unedited feed of the audio or video materials. |
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(b) A person who violates Subsection (a) commits an offense. |
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An offense under this subsection is a Class C misdemeanor. |
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(c) An appellate court is not required to give its |
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permission to a person to use the materials for a purpose described |
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by Subsection (a)(2) and may limit the number of persons to whom it |
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grants permission to use the materials for a purpose described by |
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Subsection (a)(2). |
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(d) Subsection (a) does not prohibit compiling, describing, |
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quoting from, analyzing, or researching the verbal content of the |
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audio or video materials for a commercial purpose. |
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(e) In addition to the criminal penalty that may be imposed |
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under Subsection (b), the attorney general shall enforce this |
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section at the request of an appellate court by bringing a civil |
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action to enjoin a violation of Subsection (a). |
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(f) In this section, "commercial purpose" means a purpose |
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that is intended to result in a profit or other tangible benefit. |
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SECTION 2. Sections 22.303 and 22.304, Government Code, as |
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added by this Act, apply to conduct occurring on or after the |
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effective date of this Act, regardless of the date the audio or |
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video materials involved in the conduct were produced. |
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SECTION 3. This Act takes effect September 1, 2007. |