Texas 2009 - 81st Regular

Texas House Bill HB2253 Compare Versions

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1	1	81R6400 ESH-D
2	2	By: Hancock H.B. No. 2253
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expenditure of funds for political advertising by a
8	8	political subdivision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 255.003, Election Code, is amended by
11	11	amending Subsections (a) and (b) and adding Subsections (d)-(h) to
12	12	read as follows:
13	13	(a) An officer or employee of a political subdivision may
14	14	not knowingly spend or authorize the spending of public funds for
15	15	political advertising.
16	16	(b) This section does not apply to a communication that
17	17	factually describes the purposes of a measure if the communication
18	18	does not advocate passage or defeat of the measure. The commission
19	19	shall adopt rules that define "advocate" for purposes of this
20	20	section.
21	21	(d) A member of the governing body of a political
22	22	subdivision whose only action in connection with a proposed
23	23	communication describing a measure is to approve the spending of
24	24	public funds for the communication does not violate this section
25	25	if:
26	26	(1) at the time the spending was approved, the
27	27	proposed content of the communication did not advocate passage or
28	28	defeat of the measure; and
29	29	(2) the content of the communication is later changed
30	30	such that the measure is political advertising.
31	31	(e) An officer or employee of a political subdivision may
32	32	not be found to have violated this section based solely on the
33	33	conduct of another person.
34	34	(f) It is an affirmative defense to prosecution for an
35	35	offense under this section or the imposition of a civil penalty for
36	36	conduct under this section that an officer or employee of a
37	37	political subdivision reasonably relied on a court order or an
38	38	interpretation of this section in a written opinion issued by:
39	39	(1) a court of record;
40	40	(2) the attorney general;
41	41	(3) the commission; or
42	42	(4) an attorney employed or retained by the political
43	43	subdivision.
44	44	(g) The imposition by the commission of a civil penalty for
45	45	conduct that violates this section bars prosecution for that
46	46	conduct.
47	47	(h) A sworn complaint alleging a violation of this section
48	48	may not proceed beyond a preliminary review hearing under
49	49	Subchapter E, Chapter 571, Government Code, unless the commission:
50	50	(1) makes a preliminary finding that the complaint is
51	51	not frivolous; and
52	52	(2) states in writing the basis for the commission's
53	53	finding under Subdivision (1).
54	54	SECTION 2. (a) Section 255.003, Election Code, as amended
55	55	by this Act, applies only to an offense committed on or after
56	56	September 1, 2009. For purposes of this section, an offense is
57	57	committed before September 1, 2009, if any element of the offense
58	58	occurs before that date.
59	59	(b) An offense committed before September 1, 2009, is
60	60	covered by the law in effect when the offense was committed, and the
61	61	former law is continued in effect for that purpose.
62	62	SECTION 3. This Act takes effect September 1, 2009.