By: Bohac (Senate Sponsor - Deuell) H.B. No. 1720
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on State
Affairs; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1720 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the use of public funds by a political subdivision for
communications that contain false information relating to a ballot
measure; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 255.003, Election Code, is amended by
amending Subsections (b) and (c) and adding Subsection (b-1) to
read as follows:
(b) Subsection (a) [This section] does not apply to a
communication that factually describes the purposes of a measure if
the communication does not advocate passage or defeat of the
measure.
(b-1) An officer or employee of a political subdivision may
not spend or authorize the spending of public funds for a
communication describing a measure if the communication contains
information that:
(1) the officer or employee knows is false; and
(2) is sufficiently substantial and important as to be
reasonably likely to influence a voter to vote for or against the
measure.
(c) A person who violates Subsection (a) or (b-1) [this
section] commits an offense. An offense under this section is a
Class A misdemeanor.
SECTION 2. Section 255.003, Election Code, as amended by
this Act, applies only to an expenditure of public funds that is
made on or after September 1, 2009. An expenditure of public funds
that is made before September 1, 2009, is governed by the law in
effect on the date the expenditure is made, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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