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A BILL TO BE ENTITLED
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AN ACT
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relating to the expenditure of funds for political advertising by a |
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political subdivision. |
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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 (a) and (b) and adding Subsections (d)-(h) to |
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read as follows: |
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(a) An officer or employee of a political subdivision may |
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not knowingly spend or authorize the spending of public funds for |
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political advertising. |
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(b) This section does not apply to a communication that |
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factually describes the purposes of a measure if the communication |
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does not advocate passage or defeat of the measure. The commission |
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shall adopt rules that define "advocate" for purposes of this |
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section. |
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(d) A member of the governing body of a political |
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subdivision whose only action in connection with a proposed |
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communication describing a measure is to approve the spending of |
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public funds for the communication does not violate this section |
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if: |
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(1) at the time the spending was approved, the |
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proposed content of the communication did not advocate passage or |
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defeat of the measure; and |
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(2) the content of the communication is later changed |
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such that the measure is political advertising. |
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(e) An officer or employee of a political subdivision may |
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not be found to have violated this section based solely on the |
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conduct of another person. |
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(f) 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; |
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(3) the commission; or |
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(4) an attorney employed or retained by the political |
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subdivision. |
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(g) The imposition by the commission of a civil penalty for |
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conduct that violates this section bars prosecution for that |
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conduct. |
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(h) A sworn complaint alleging a violation of this section |
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may not proceed beyond a preliminary review hearing under |
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Subchapter E, Chapter 571, Government Code, unless the commission: |
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(1) makes a preliminary finding that the complaint is |
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not frivolous; and |
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(2) states in writing the basis for the commission's |
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finding under Subdivision (1). |
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SECTION 2. (a) Section 255.003, Election Code, as amended |
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by this Act, applies only to an offense committed on or after |
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September 1, 2009. For purposes of this section, an offense is |
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committed before September 1, 2009, if any element of the offense |
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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 3. This Act takes effect September 1, 2009. |