By: Watson S.B. No. 1385

(In the Senate - Filed March 7, 2007; March 20, 2007, read first time and referred to Committee on State Affairs; April 16, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 16, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1385 By: Williams

A BILL TO BE ENTITLED

AN ACT

relating to the use of certain audio or video material produced by or under the direction of an appellate court; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 22, Government Code, is amended by adding Sections 22.303 and 22.304 to read as follows:

Sec. 22.303. USE OF COURT PRODUCED AUDIO OR VIDEO MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may not use audio or video materials produced by or under the direction of an appellate court in political advertising.

(b) For purposes of Section 571.122, this section is a law administered and enforced by the Texas Ethics Commission. After a formal hearing held as provided by Subchapter E, Chapter 571, the commission may impose a civil penalty against a person who violates this section. The amount of the penalty may not exceed $5,000 for each violation.

(c) Subsection (a) does not prohibit describing or quoting the verbal content of the audio or video materials in political advertising.

(d) In this section, "political advertising" has the meaning assigned by Section 251.001, Election Code.

Sec. 22.304. COMMERCIAL USE OF COURT PRODUCED AUDIO OR VIDEO MATERIALS. (a) A person may not use audio or video materials produced by or under the direction of an appellate court for a commercial purpose unless the court that produced the audio or video materials or under whose direction the audio or video materials were produced gives written permission for the person's commercial use and:

(1) the person uses the audio or video materials only for educational or public affairs programming, including news programming, that does not also constitute a use prohibited under Section 22.303; or

(2) the person transmits to paid subscribers an unedited feed of the audio or video materials.

(b) A person who violates Subsection (a) commits an offense. An offense under this subsection is a Class C misdemeanor.

(c) An appellate court is not required to give its permission to a person to use the materials for a purpose described by Subsection (a)(2) and may limit the number of persons to whom it grants permission to use the materials for a purpose described by Subsection (a)(2).

(d) Subsection (a) does not prohibit compiling, describing, quoting from, analyzing, or researching the verbal content of the audio or video materials for a commercial purpose.

(e) In addition to the criminal penalty that may be imposed under Subsection (b), the attorney general shall enforce this section at the request of an appellate court by bringing a civil action to enjoin a violation of Subsection (a).

(f) In this section, "commercial purpose" means a purpose that is intended to result in a profit or other tangible benefit.

SECTION 2. Sections 22.303 and 22.304, Government Code, as added by this Act, apply to conduct occurring on or after the effective date of this Act, regardless of the date the audio or video materials involved in the conduct were produced.

SECTION 3. This Act takes effect September 1, 2007.

* * * * *