| 1 | 1 | | 81R5633 ESH-F |
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| 2 | 2 | | By: Bohac H.B. No. 1720 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of public funds by a political subdivision for |
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| 8 | 8 | | communications that contain false information relating to a ballot |
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| 9 | 9 | | measure; providing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 255.003, Election Code, is amended by |
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| 12 | 12 | | amending Subsections (b) and (c) and adding Subsection (b-1) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b) Subsection (a) [This section] does not apply to a |
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| 15 | 15 | | communication that factually describes the purposes of a measure if |
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| 16 | 16 | | the communication does not advocate passage or defeat of the |
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| 17 | 17 | | measure. |
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| 18 | 18 | | (b-1) An officer or employee of a political subdivision may |
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| 19 | 19 | | not spend or authorize the spending of public funds for a |
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| 20 | 20 | | communication describing a measure if the communication contains |
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| 21 | 21 | | material information that the officer or employee knows is false. |
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| 22 | 22 | | (c) A person who violates Subsection (a) or (b-1) [this |
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| 23 | 23 | | section] commits an offense. An offense under this section is a |
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| 24 | 24 | | Class A misdemeanor. |
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| 25 | 25 | | SECTION 2. Section 255.003, Election Code, as amended by |
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| 26 | 26 | | this Act, applies only to an expenditure of public funds that is |
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| 27 | 27 | | made on or after September 1, 2009. An expenditure of public funds |
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| 28 | 28 | | that is made before September 1, 2009, is governed by the law in |
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| 29 | 29 | | effect on the date the expenditure is made, and the former law is |
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| 30 | 30 | | continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
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