LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

May 5, 2009

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.), Committee Report 1st House, Substituted

No significant fiscal implication to the State is anticipated.

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 bill would take effect on September 1, 2009.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

356 Texas Ethics Commission

LBB Staff:

JOB, KJG, DB