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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), (e), |
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(f), and (g) to 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, including a |
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description of the advantages or disadvantages of the measure, if |
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the communication does not expressly advocate passage or defeat of |
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the measure. |
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(d) An officer or employee of a political subdivision does |
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not violate this section if the officer or employee employs, hires, |
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or votes to hire a person whose conduct is found to violate this |
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section if the officer or employee did not have prior knowledge of |
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the person's intent to violate this section. |
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(e) 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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(f) Prosecution for an offense under this section may not be |
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brought during the pendency of a complaint before the commission, |
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or of an appeal from the commission's finding of a violation, that |
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arises out of the same conduct. The imposition by the commission |
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of a civil penalty for conduct that violates this section bars |
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prosecution for that conduct. |
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(g) 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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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. |