| 1 | 1 | | S.B. No. 2085 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the offense of unlawful use of public funds for |
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| 6 | 6 | | political advertising by a political subdivision. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 255.003, Election Code, is amended by |
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| 9 | 9 | | amending Subsection (a) and adding Subsections (d), (e), and (f) to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) An officer or employee of a political subdivision may |
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| 12 | 12 | | not knowingly spend or authorize the spending of public funds for |
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| 13 | 13 | | political advertising. |
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| 14 | 14 | | (d) It is an affirmative defense to prosecution for an |
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| 15 | 15 | | offense under this section or the imposition of a civil penalty for |
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| 16 | 16 | | conduct under this section that an officer or employee of a |
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| 17 | 17 | | political subdivision reasonably relied on a court order or an |
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| 18 | 18 | | interpretation of this section in a written opinion issued by: |
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| 19 | 19 | | (1) a court of record; |
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| 20 | 20 | | (2) the attorney general; or |
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| 21 | 21 | | (3) the commission. |
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| 22 | 22 | | (e) On written request of the governing body of a political |
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| 23 | 23 | | subdivision that has ordered an election on a measure, the |
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| 24 | 24 | | commission shall prepare an advance written advisory opinion as to |
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| 25 | 25 | | whether a particular communication relating to the measure does or |
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| 26 | 26 | | does not comply with this section. |
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| 27 | 27 | | (f) Subsections (d) and (e) do not apply to a port authority |
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| 28 | 28 | | or navigation district. |
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| 29 | 29 | | SECTION 2. Section 255.003, Election Code, as amended by |
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| 30 | 30 | | this Act, applies to the prosecution of conduct committed before, |
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| 31 | 31 | | on, or after September 1, 2009, as to which: |
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| 32 | 32 | | (1) judgment has not been entered or a sentence has not |
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| 33 | 33 | | been imposed; or |
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| 34 | 34 | | (2) if judgment has been entered and a sentence |
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| 35 | 35 | | imposed, an appeal is pending or the time for appeal has not |
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| 36 | 36 | | expired. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 38 | 38 | | ______________________________ ______________________________ |
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| 39 | 39 | | President of the Senate Speaker of the House |
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| 40 | 40 | | I hereby certify that S.B. No. 2085 passed the Senate on |
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| 41 | 41 | | May 11, 2009, by the following vote: Yeas 28, Nays 3. |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Secretary of the Senate |
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| 44 | 44 | | I hereby certify that S.B. No. 2085 passed the House on |
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| 45 | 45 | | May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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| 46 | 46 | | present not voting. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Chief Clerk of the House |
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| 49 | 49 | | Approved: |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Date |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Governor |
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