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AN ACT
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relating to the use of legislatively produced audio or visual |
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materials in political advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 306.005, Government Code, is repealed. |
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SECTION 2. Sections 306.006(a) and (g), Government Code, |
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are amended to read as follows: |
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(a) A person may not use audio or visual materials produced |
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by or under the direction of the legislature or of a house, |
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committee, or agency of the legislature for a commercial purpose |
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unless the legislative entity that produced the audio or visual |
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materials or under whose direction the audio or visual materials |
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were produced gives its permission for the person's commercial use |
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and: |
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(1) the person uses the audio or visual materials only |
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for educational or public affairs programming, including news |
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programming[, that does not also constitute a use prohibited under
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Section 306.005]; or |
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(2) the person transmits an unedited feed of the audio |
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or visual materials: |
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(A) to paid subscribers; or |
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(B) on an Internet website that is accessible to |
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the public. |
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(g) In this section: |
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(1) "Commercial purpose" means a purpose that is |
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intended to result in a profit or other tangible benefit. |
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(2) "Visual materials" means photographic, video, or |
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other material containing a still or moving recorded image or |
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images [has the meaning assigned by Section 306.005]. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 368 was passed by the House on April |
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17, 2019, by the following vote: Yeas 139, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 368 was passed by the Senate on May |
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22, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |