81R10995 ESH-F
By: Davis, Wendy S.B. No. 2085
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), (e),
(f), and (g) 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, including a
description of the advantages or disadvantages of the measure, if
the communication does not expressly advocate passage or defeat of
the measure.
(d) An officer or employee of a political subdivision does
not violate this section if the officer or employee employs, hires,
or votes to hire a person whose conduct is found to violate this
section if the officer or employee did not have prior knowledge of
the person's intent to violate this section.
(e) 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.
(f) Prosecution for an offense under this section may not be
brought during the pendency of a complaint before the commission,
or of an appeal from the commission's finding of a violation, that
arises out of the same conduct. The imposition by the commission
of a civil penalty for conduct that violates this section bars
prosecution for that conduct.
(g) 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.
SECTION 2. Section 255.003, Election Code, as amended 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.