By: Bohac (Senate Sponsor - Deuell) H.B. No. 1720

(In the Senate - Received from the House May 18, 2009; May 19, 2009, read first time and referred to Committee on State Affairs; May 23, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 23, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1720 By: Deuell

A BILL TO BE ENTITLED

AN ACT

relating to the use of public funds by a political subdivision for communications that contain false information relating to a ballot measure; providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 255.003, Election Code, is amended by amending Subsections (b) and (c) and adding Subsection (b-1) to read as follows:

(b) Subsection (a) [This section] does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure.

(b-1) An officer or employee of a political subdivision may not spend or authorize the spending of public funds for a communication describing a measure if the communication contains information that:

(1) the officer or employee knows is false; and

(2) is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.

(c) A person who violates Subsection (a) or (b-1) [this section] commits an offense. An offense under this section is a Class A misdemeanor.

SECTION 2. Section 255.003, Election Code, as amended by this Act, applies only to an expenditure of public funds that is made on or after September 1, 2009. An expenditure of public funds that is made before September 1, 2009, is governed by the law in effect on the date the expenditure is made, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2009.

* * * * *