81R6400 ESH-D
By: Hancock H.B. No. 2253
A BILL TO BE ENTITLED
AN ACT
relating to the expenditure of funds for political advertising by a
political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 255.003, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsections (d)-(h) to
read as follows:
(a) An officer or employee of a political subdivision may
not knowingly spend or authorize the spending of public funds for
political advertising.
(b) 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. The commission
shall adopt rules that define "advocate" for purposes of this
section.
(d) A member of the governing body of a political
subdivision whose only action in connection with a proposed
communication describing a measure is to approve the spending of
public funds for the communication does not violate this section
if:
(1) at the time the spending was approved, the
proposed content of the communication did not advocate passage or
defeat of the measure; and
(2) the content of the communication is later changed
such that the measure is political advertising.
(e) An officer or employee of a political subdivision may
not be found to have violated this section based solely on the
conduct of another person.
(f) 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;
(3) the commission; or
(4) an attorney employed or retained by the political
subdivision.
(g) The imposition by the commission of a civil penalty for
conduct that violates this section bars prosecution for that
conduct.
(h) A sworn complaint alleging a violation of this section
may not proceed beyond a preliminary review hearing under
Subchapter E, Chapter 571, Government Code, unless the commission:
(1) makes a preliminary finding that the complaint is
not frivolous; and
(2) states in writing the basis for the commission's
finding under Subdivision (1).
SECTION 2. (a) Section 255.003, Election Code, as amended
by this Act, applies only to an offense committed on or after
September 1, 2009. For purposes of this section, an offense is
committed before September 1, 2009, if any element of the offense
occurs before that date.
(b) An offense committed before September 1, 2009, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.