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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of unlawful use of public funds for |
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political advertising by a 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 Subsection (a) and adding Subsections (d), (e), and (f) 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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(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. Section 255.003, Election Code, as amended by |
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this Act, applies to the prosecution of conduct committed before, |
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on, or 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. |