S.B. No. 2085
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), (e), and (f) 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.
(f) Subsections (d) and (e) do not apply to a port authority
or navigation district.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2085 passed the Senate on
May 11, 2009, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2085 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor