LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 19, 2009 TO: Honorable Todd Smith, Chair, House Committee on Elections FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2085 by Davis, Wendy (Relating to the offense of unlawful use of public funds for political advertising by a political subdivision.), As Engrossed 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 proposed new subsections of Section 255.003 would not apply to a port authority or navigation district. 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, TP, DB, KJG
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 19, 2009
TO: Honorable Todd Smith, Chair, House Committee on Elections FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2085 by Davis, Wendy (Relating to the offense of unlawful use of public funds for political advertising by a political subdivision.), As Engrossed
TO: Honorable Todd Smith, Chair, House Committee on Elections
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB2085 by Davis, Wendy (Relating to the offense of unlawful use of public funds for political advertising by a political subdivision.), As Engrossed
Honorable Todd Smith, Chair, House Committee on Elections
Honorable Todd Smith, Chair, House Committee on Elections
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB2085 by Davis, Wendy (Relating to the offense of unlawful use of public funds for political advertising by a political subdivision.), As Engrossed
SB2085 by Davis, Wendy (Relating to the offense of unlawful use of public funds for political advertising by a political subdivision.), As Engrossed
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 proposed new subsections of Section 255.003 would not apply to a port authority or navigation district. 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 proposed new subsections of Section 255.003 would not apply to a port authority or navigation district.
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, TP, DB, KJG
JOB, TP, DB, KJG