86R1430 ATP-D
 
  By: Cain, Capriglione, Toth, Howard, Thierry, H.B. No. 368
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of legislatively produced audio or visual
  materials in political advertising.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 306.005, Government Code, is repealed.
         SECTION 2.  Sections 306.006(a) and (g), Government Code,
  are amended to read as follows:
         (a)  A person may not use audio or visual 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
  materials or under whose direction the audio or visual materials
  were produced gives its permission for the person's commercial use
  and:
               (1)  the person uses the audio or visual 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 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.
         (g)  In this section:
               (1)  "Commercial purpose" means a purpose that is
  intended to result in a profit or other tangible benefit.
               (2)  "Visual materials" means photographic, video, or
  other material containing a still or moving recorded image or
  images [has the meaning assigned by Section 306.005].
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.