83R15562 JSA-F
 
  By: Geren H.B. No. 2377
 
  Substitute the following for H.B. No. 2377:
 
  By:  Kuempel C.S.H.B. No. 2377
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of legislatively produced audio or visual
  materials; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 306.005, Government Code, is amended to
  read as follows:
         Sec. 306.005.  USE OF LEGISLATIVELY PRODUCED AUDIO OR VISUAL
  MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may
  not use audio or visual [video] materials produced by or under the
  direction of the legislature or of a house, committee, or agency of
  the legislature in political advertising.
         (b)  After a formal hearing held as provided by Subchapter E,
  Chapter 571, the Texas Ethics Commission may impose a civil penalty
  against a person who violates this section. The amount of the
  penalty may not exceed $5,000 for each violation.
         (c)  Subsection (a) does not prohibit describing or quoting
  the verbal content of the audio or visual [video] materials in
  political advertising.
         (d)  Subsection (a) does not apply to a photograph of a
  current or former member of the legislature obtained from a house,
  committee, or agency of the legislature that is used in accordance
  with terms and conditions established by the entity from which the
  photograph was obtained.
         (e)  In this section:
               (1)  "Political [, "political] advertising" has the
  meaning assigned by Section 251.001, Election Code.
               (2)  "Visual materials" means photographic, video, or
  other material containing a still or moving recorded image or
  images.
         SECTION 2.  Chapter 306, Government Code, is amended by
  adding Section 306.055 to read as follows:
         Sec. 306.055.  LEGISLATIVELY PRODUCED PHOTOGRAPHS. A house,
  committee, or agency of the legislature may charge for a photograph
  produced by or under the direction of the entity the fair market
  value of the photograph.
         SECTION 3.  Section 306.006, Government Code, is amended to
  read as follows:
         Sec. 306.006.  COMMERCIAL USE OF LEGISLATIVELY PRODUCED
  AUDIO OR VISUAL MATERIALS. (a) A person may not use audio or visual
  [video] materials produced by or under the direction of the
  legislature or of a house, committee, or agency of the legislature
  for a commercial purpose unless the legislative entity that
  produced the audio or visual [video] materials or under whose
  direction the audio or visual [video] materials were produced gives
  its permission for the person's commercial use and:
               (1)  the person uses the audio or visual [video]
  materials only for educational or public affairs programming,
  including news programming, that does not also constitute a use
  prohibited under Section 306.005; or
               (2)  the person transmits [to paid subscribers] an
  unedited feed of the audio or visual materials:
                     (A)  to paid subscribers; or
                     (B)  on an Internet website that is accessible to
  the public.
         (b)  A person who violates Subsection (a) commits an offense.
  An offense under this subsection is a Class C misdemeanor.
         (c)  The legislative entity that produced the audio or visual
  [video] materials or under whose direction the audio or visual
  [video] materials were produced shall give its permission to a
  person to use the materials for a commercial purpose described by
  Subsection (a)(1) if the person or the person's representative
  submits to the legislative entity a signed, written request for the
  use that:
               (1)  states the purpose for which the audio or visual
  [video] materials will be used and the stated purpose is allowed
  under Subsection (a)(1); and
               (2)  contains an agreement by the person that the audio
  or visual materials will not be used for a commercial purpose other
  than the stated purpose.
         (d)  Subsection (a)(2) does not apply to visual materials
  consisting of photographs or other still images. A [The]
  legislative entity is not required to give its permission to any
  person to use [the] materials for a purpose described by Subsection
  (a)(2) and may limit the number of persons to whom it gives its
  permission to use [the] materials for a purpose described by
  Subsection (a)(2).
         (e)  Subsection (a) and an agreement under Subsection (c)(2)
  do not prohibit compiling, describing, quoting from, analyzing, or
  researching the verbal content of the audio or visual materials for
  a commercial purpose.
         (f)  In addition to the criminal penalty that may be imposed
  under Subsection (b), the attorney general shall enforce this
  section at the request of the legislative entity by bringing a civil
  action to enjoin a violation of Subsection (a) or of an agreement
  under Subsection (c)(2).
         (g)  In this section:
               (1)  "Commercial [, "commercial] purpose" means a
  purpose that is intended to result in a profit or other tangible
  benefit.
               (2)  "Visual materials" has the meaning assigned by
  Section 306.005.
         SECTION 4.  The change in law made by this Act applies only
  to an offense or other violation of the law amended by this Act
  committed on or after the effective date of this Act. An offense or
  other violation of that law committed before the effective date of
  this Act is governed by the law in effect when the offense or
  violation was committed, and the former law is continued in effect
  for that purpose. For purposes of this section, an offense or other
  violation was committed before the effective date of this Act if any
  element of the offense or violation was committed before that date.
         SECTION 5.  This Act takes effect September 1, 2013.