81R307 ATP-D
By: Berman H.B. No. 251
A BILL TO BE ENTITLED
AN ACT
relating to the use of public resources to make communications that
contain political advertising; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 255.003, Election Code,
is amended to read as follows:
Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS OR RESOURCES FOR
POLITICAL ADVERTISING.
SECTION 2. Section 255.003, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) An officer or employee of a state agency or political
subdivision may not spend, use, or authorize the spending or use of
public funds or resources, including an internal mail system or
electronic mail system, for political advertising, including the
distribution of political advertising.
(b) This section does not apply to:
(1) a communication that factually describes the
purposes of a measure if the communication does not advocate
passage or defeat of the measure;
(2) the use of an internal mail system to distribute
political advertising that is delivered to the premises of a state
agency or political subdivision through the United States Postal
Service; or
(3) the use of an internal mail system by a state
agency or political subdivision to distribute political
advertising that is the subject of or is related to an
investigation, hearing, or other official proceeding of the agency
or political subdivision.
(d) In this section:
(1) "Electronic mail system" means a system for
transmitting messages electronically.
(2) "Internal mail system" means a system operated by
a state agency or political subdivision to deliver written
documents to officers or employees of the agency or subdivision.
(3) "Political advertising" means:
(A) political advertising as defined by Section
251.001; and
(B) a communication that is sent using electronic
mail and supports or opposes:
(i) a candidate for nomination or election
to a public office or office of a political party;
(ii) a political party;
(iii) a public officer; or
(iv) a measure.
(4) "State agency" means:
(A) a department, commission, board, office, or
other agency that is in the legislative, executive, or judicial
branch of state government;
(B) a university system or an institution of
higher education as defined by Section 61.003, Education Code; or
(C) a river authority created under the
constitution or a statute of this state.
SECTION 3. Section 255.0031, Election Code, is repealed.
SECTION 4. (a) The change in law made 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 5. This Act takes effect September 1, 2009.