LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 29, 2009 TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2085 by Davis, Wendy (Relating to the expenditure of funds for political advertising by a political subdivision.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend Section 255.003 of the Election Code to clarify the definitions used for a finding of unlawful use of public funds for political advertising. The bill would provide for an affirmative defense to prosecution if an officer or employee of a political subdivision employs, hires, or votes to hire a person whose conduct is found to violate the section or if an officer or employee relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. A prosecution under the section may not be brought while a complain is pending before the Commission. 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 complies with the section. The bill would take effect on September 1, 2009. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:356 Texas Ethics Commission LBB Staff: JOB, KJG, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 29, 2009
TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2085 by Davis, Wendy (Relating to the expenditure of funds for political advertising by a political subdivision.), As Introduced
TO: Honorable Robert Duncan, Chair, Senate Committee on State Affairs
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB2085 by Davis, Wendy (Relating to the expenditure of funds for political advertising by a political subdivision.), As Introduced
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
Honorable Robert Duncan, Chair, Senate Committee on State Affairs
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB2085 by Davis, Wendy (Relating to the expenditure of funds for political advertising by a political subdivision.), As Introduced
SB2085 by Davis, Wendy (Relating to the expenditure of funds for political advertising by a political subdivision.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend Section 255.003 of the Election Code to clarify the definitions used for a finding of unlawful use of public funds for political advertising. The bill would provide for an affirmative defense to prosecution if an officer or employee of a political subdivision employs, hires, or votes to hire a person whose conduct is found to violate the section or if an officer or employee relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. A prosecution under the section may not be brought while a complain is pending before the Commission. 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 complies with the section. The bill would take effect on September 1, 2009.
The bill would amend Section 255.003 of the Election Code to clarify the definitions used for a finding of unlawful use of public funds for political advertising. The bill would provide for an affirmative defense to prosecution if an officer or employee of a political subdivision employs, hires, or votes to hire a person whose conduct is found to violate the section or if an officer or employee relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. A prosecution under the section may not be brought while a complain is pending before the Commission. 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 complies with the section.
The bill would take effect on September 1, 2009.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 356 Texas Ethics Commission
356 Texas Ethics Commission
LBB Staff: JOB, KJG, DB
JOB, KJG, DB