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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 funds by a political subdivision for |
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communications that contain false information relating to a ballot |
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measure; 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. Section 255.003, Election Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (b-1) to |
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read as follows: |
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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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material information that the officer or employee knows is false. |
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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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SECTION 2. Section 255.003, Election Code, as amended by |
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this Act, applies only to an expenditure of public funds that is |
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made on or after September 1, 2009. An expenditure of public funds |
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that is made before September 1, 2009, is governed by the law in |
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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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SECTION 3. This Act takes effect September 1, 2009. |