| TO: | Honorable Robert Duncan, Chair, Senate Committee on State Affairs |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB2085 by Davis, Wendy (Relating to the expenditure of funds for political advertising by a political subdivision.), As Introduced |
The bill would amend Section 255.003 of the Election Code to clarify the definitions 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 employs, hires, or votes to hire a person whose conduct is found to violate the section or if an officer or employee relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. A prosecution under the section may not be brought while a complain is pending before the Commission. 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 bill would take effect on September 1, 2009.
| Source Agencies: | 356 Texas Ethics Commission
|
| LBB Staff: | JOB, KJG, DB
|