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AN ACT
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relating to the use of public funds by a political subdivision for |
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political advertising or communications that contain false |
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information relating to a ballot measure; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 255.003, Election Code, is amended to |
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read as follows: |
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Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL |
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ADVERTISING. (a) An officer or employee of a political |
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subdivision may not knowingly spend or authorize the spending of |
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public funds for political advertising. |
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(b) Subsection (a) [This section] does not apply to a |
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communication that factually describes the purposes of a measure if |
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the communication does not advocate passage or defeat of the |
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measure. |
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(b-1) An officer or employee of a political subdivision may |
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not spend or authorize the spending of public funds for a |
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communication describing a measure if the communication contains |
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information that: |
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(1) the officer or employee knows is false; and |
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(2) is sufficiently substantial and important as to be |
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reasonably likely to influence a voter to vote for or against the |
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measure. |
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(c) A person who violates Subsection (a) or (b-1) [this
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section] commits an offense. An offense under this section is a |
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Class A misdemeanor. |
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(d) It is an affirmative defense to prosecution for an |
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offense under this section or the imposition of a civil penalty for |
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conduct under this section that an officer or employee of a |
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political subdivision reasonably relied on a court order or an |
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interpretation of this section in a written opinion issued by: |
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(1) a court of record; |
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(2) the attorney general; or |
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(3) the commission. |
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(e) On written request of the governing body of a political |
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subdivision that has ordered an election on a measure, the |
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commission shall prepare an advance written advisory opinion as to |
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whether a particular communication relating to the measure does or |
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does not comply with this section. |
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(f) Subsections (d) and (e) do not apply to a port authority |
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or navigation district. |
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SECTION 2. (a) Section 255.003(b-1), Election Code, as |
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added by this Act, applies only to an expenditure of public funds |
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that is made on or after September 1, 2009. An expenditure of public |
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funds that is made before September 1, 2009, is governed by the law |
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in effect on the date the expenditure is made, and the former law is |
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continued in effect for that purpose. |
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(b) Section 255.003(d), Election Code, as added by this Act, |
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applies to the prosecution of conduct committed before, on, or |
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after September 1, 2009, as to which: |
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(1) judgment has not been entered or a sentence has not |
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been imposed; or |
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(2) if judgment has been entered and a sentence |
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imposed, an appeal is pending or the time for appeal has not |
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expired. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1720 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1720 on May 29, 2009, by the following vote: Yeas 143, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1720 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |