| TO: | Honorable Todd Smith, Chair, House Committee on Elections |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB2085 by Davis, Wendy (Relating to the offense of unlawful use of public funds for political advertising by a political subdivision.), As Engrossed |
The bill would amend Section 255.003 of the Election Code to clarify a definition used for a finding of unlawful use of public funds for political advertising. The bill would provide for an affirmative defense to prosecution if an officer or employee of a political subdivision relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. 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 complies with the section. The proposed new subsections of Section 255.003 would not apply to a port authority or navigation district.
The bill would take effect on September 1, 2009.
| Source Agencies: | 356 Texas Ethics Commission
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| LBB Staff: | JOB, TP, DB, KJG
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