By: Davis S.B. No. 2085
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on State Affairs; May 7, 2009,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 7, Nays 2; May 7, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2085 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to the offense of unlawful use of public 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 Subsection (a) and adding Subsections (d) and (e) 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.
(d) 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; or
(3) the commission.
(e) 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.
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