LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 5, 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.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend Section 255.003 of the Election Code to clarify a definition 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 relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. 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 May 5, 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.), Committee Report 1st House, Substituted 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.), Committee Report 1st House, Substituted 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.), Committee Report 1st House, Substituted SB2085 by Davis, Wendy (Relating to the expenditure of funds for political advertising by a political subdivision.), Committee Report 1st House, Substituted 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 a definition 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 relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. 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 a definition 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 relied on information from court records, attorneys, or the Ethics Commission (Commission) to make a decision about expending funds. 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