The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.
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.