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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of public resources to make communications that |
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contain political advertising; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 255.003, Election Code, |
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is amended to read as follows: |
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Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS OR RESOURCES FOR |
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POLITICAL ADVERTISING. |
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SECTION 2. Section 255.003, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) An officer or employee of a state agency or political |
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subdivision may not spend, use, or authorize the spending or use of |
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public funds or resources, including an internal mail system or |
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electronic mail system, for political advertising, including the |
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distribution of political advertising. |
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(b) This section does not apply to: |
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(1) a communication that factually describes the |
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purposes of a measure if the communication does not advocate |
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passage or defeat of the measure; |
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(2) the use of an internal mail system to distribute |
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political advertising that is delivered to the premises of a state |
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agency or political subdivision through the United States Postal |
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Service; or |
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(3) the use of an internal mail system by a state |
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agency or political subdivision to distribute political |
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advertising that is the subject of or is related to an |
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investigation, hearing, or other official proceeding of the agency |
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or political subdivision. |
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(d) In this section: |
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(1) "Electronic mail system" means a system for |
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transmitting messages electronically. |
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(2) "Internal mail system" means a system operated by |
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a state agency or political subdivision to deliver written |
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documents to officers or employees of the agency or subdivision. |
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(3) "Political advertising" means: |
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(A) political advertising as defined by Section |
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251.001; and |
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(B) a communication that is sent using electronic |
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mail and supports or opposes: |
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(i) a candidate for nomination or election |
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to a public office or office of a political party; |
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(ii) a political party; |
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(iii) a public officer; or |
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(iv) a measure. |
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(4) "State agency" means: |
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(A) a department, commission, board, office, or |
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other agency that is in the legislative, executive, or judicial |
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branch of state government; |
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(B) a university system or an institution of |
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higher education as defined by Section 61.003, Education Code; or |
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(C) a river authority created under the |
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constitution or a statute of this state. |
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SECTION 3. Section 255.0031, Election Code, is repealed. |
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SECTION 4. (a) The change in law made by this Act applies |
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only to an offense committed on or after September 1, 2009. For |
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purposes of this section, an offense is committed before September |
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1, 2009, if any element of the offense occurs before that date. |
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(b) An offense committed before September 1, 2009, is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |