H.B. No. 1720
AN ACT
relating to the use of public funds by a political subdivision for
political advertising or 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 to
read as follows:
Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL
ADVERTISING. (a) An officer or employee of a political
subdivision may not knowingly spend or authorize the spending of
public funds for political advertising.
(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.
(d) It is an affirmative defense to prosecution for an
offense under this section or the imposition of a civil penalty for
conduct under this section that an officer or employee of a
political subdivision reasonably relied on a court order or an
interpretation of this section in a written opinion issued by:
(1) a court of record;
(2) the attorney general; or
(3) the commission.
(e) On written request of the governing body of a political
subdivision that has ordered an election on a measure, the
commission shall prepare an advance written advisory opinion as to
whether a particular communication relating to the measure does or
does not comply with this section.
(f) Subsections (d) and (e) do not apply to a port authority
or navigation district.
SECTION 2. (a) Section 255.003(b-1), Election Code, as
added 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.
(b) Section 255.003(d), Election Code, as added by this Act,
applies to the prosecution of conduct committed before, on, or
after September 1, 2009, as to which:
(1) judgment has not been entered or a sentence has not
been imposed; or
(2) if judgment has been entered and a sentence
imposed, an appeal is pending or the time for appeal has not
expired.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1720 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1720 on May 29, 2009, by the following vote: Yeas 143, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1720 was passed by the Senate, with
amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor