81R10995 ESH-F

By: Davis, Wendy S.B. No. 2085

A BILL TO BE ENTITLED

AN ACT

relating to the expenditure of funds for political advertising by a political subdivision.

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

SECTION 1. Section 255.003, Election Code, is amended by amending Subsections (a) and (b) and adding Subsections (d), (e), (f), and (g) to read as follows:

(a) An officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising.

(b) This section does not apply to a communication that factually describes the purposes of a measure, including a description of the advantages or disadvantages of the measure, if the communication does not expressly advocate passage or defeat of the measure.

(d) An officer or employee of a political subdivision does not violate this section if the officer or employee employs, hires, or votes to hire a person whose conduct is found to violate this section if the officer or employee did not have prior knowledge of the person's intent to violate this section.

(e) It is an affirmative defense to prosecution for an offense under this section or the imposition of a civil penalty for conduct under this section that an officer or employee of a political subdivision reasonably relied on a court order or an interpretation of this section in a written opinion issued by:

(1) a court of record;

(2) the attorney general;

(3) the commission; or

(4) an attorney employed or retained by the political subdivision.

(f) Prosecution for an offense under this section may not be brought during the pendency of a complaint before the commission, or of an appeal from the commission's finding of a violation, that arises out of the same conduct. The imposition by the commission of a civil penalty for conduct that violates this section bars prosecution for that conduct.

(g) On written request of the governing body of a political subdivision that has ordered an election on a measure, the commission shall prepare an advance written advisory opinion as to whether a particular communication relating to the measure does or does not comply with this section.

SECTION 2. Section 255.003, Election Code, as amended by this Act, applies to the prosecution of conduct committed before, on, or after September 1, 2009, as to which:

(1) judgment has not been entered or a sentence has not been imposed; or

(2) if judgment has been entered and a sentence imposed, an appeal is pending or the time for appeal has not expired.

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