Amend CSHB 1720 (Senate committee report) on third reading as 
follows:     
	(1)  In SECTION 1 of the bill, strike the recital (page 1, 
lines 14-16) and substitute the following:
	Section 255.003, Election Code, is amended to read as 
follows:               
	(2)  In SECTION 1 of the bill, immediately before amended 
Section 255.003(b), Election Code (page 1, between lines 16 and 
17), insert the following:
	Sec. 255.003.  UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL 
ADVERTISING.  (a)  An officer or employee of a political 
subdivision may not knowingly spend or authorize the spending of 
public funds for political advertising.
	(3)  In SECTION 1 of the bill, following amended Section 
255.003(c), Election Code (page 1, between lines 31 and 32), insert 
the following:
	(d)  It is an affirmative defense to prosecution for an 
offense under this section or the imposition of a civil penalty for 
conduct under this section that an officer or employee of a 
political subdivision reasonably relied on a court order or an 
interpretation of this section in a written opinion issued by:
		(1)  a court of record;                                                
		(2)  the attorney general; or                                          
		(3)  the commission.                                                   
	(e)  On written request of the governing body of a political 
subdivision that has ordered an election on a measure, the 
commission shall prepare an advance written advisory opinion as to 
whether a particular communication relating to the measure does or 
does not comply with this section.
	(f)  Subsections (d) and (e) do not apply to a port authority 
or navigation district.
	(4)  In SECTION 2 of the bill (page 1, line 32), strike 
"Section 255.003, Election Code, as amended" and substitute "(a) 
Section 255.003(b-1), Election Code, as added".
	(5)  Between SECTIONS 2 and 3 of the bill (page 1, between 
lines 37 and 38), insert the following:
	(b)  Section 255.003(d), Election Code, as added by this Act, 
applies to the prosecution of conduct committed before, on, or 
after September 1, 2009, as to which:
		(1)  judgment has not been entered or a sentence has not 
been imposed; or   
		(2)  if judgment has been entered and a sentence 
imposed, an appeal is pending or the time for appeal has not 
expired.