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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of governmental communications systems to |
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distribute political advertising; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 255.003(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) An officer or employee of a political subdivision may |
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not knowingly spend or authorize the spending of public funds, |
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including by use of government communications systems, such as |
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electronic communications, for political advertising. |
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(b) Subsection (a) does not apply to a communication that |
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factually describes the purposes of a ballot measure if the |
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communication does not advocate passage or defeat of the measure. |
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SECTION 2. Section 255.0031(d)(1), Election Code, is |
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amended to read as follows: |
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(1) "Internal mail system" means a system operated by |
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a state agency or political subdivision to deliver written |
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documents or electronic communications to officers or employees of |
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the agency or subdivision. |
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SECTION 3. Chapter 255, Election Code, is amended by adding |
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Sections 255.009 and 255.010 to read as follows: |
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Sec. 255.009. MISUSE OF GOVERNMENT RESOURCES BY THIRD |
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PARTY. (a) A person, political campaign, or advocacy group may |
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not misuse government resources by causing political advertising to |
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be delivered to an e-mail address issued by this state or by a |
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political subdivision of this state. |
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(b) For each government-issued e-mail address receiving an |
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e-mail described by Subsection (a), the person, political campaign, |
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or advocacy group sending the e-mail is liable for a civil penalty |
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of $100 if: |
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(1) the attorney general, a district attorney, or a |
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county attorney notified the person, political campaign, or |
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advocacy group that an e-mail was delivered in violation of |
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Subsection (a); and |
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(2) the person, political campaign, or advocacy group, |
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after receiving notice of the violation, delivered an e-mail in |
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violation of Subsection (a) to the same e-mail address. |
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(c) The attorney general, a district attorney, or a county |
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attorney may enforce this provision. |
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Sec. 255.010. DEFINITION. In this chapter, "electronic |
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communications" means any communication facilitated by the use of |
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any electronic device, including a cellular telephone, computer, |
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computer network, personal data assistant, or pager. The term |
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includes e-mails, text messages, instant messages, and any |
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communications made through a mobile application for electronic |
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devices or through an Internet website. |
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SECTION 4. This Act takes effect September 1, 2019. |
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* * * * * |