Texas Senate Bill SB2085

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/7/09
• Voted on by Senate: 5/11/09
• Out of House Committee: 5/22/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

Relating to the offense of unlawful use of public funds for political advertising by a political subdivision.

Impact

The bill introduces specific provisions that allow for certain exceptions, clarifying that communication regarding measures does not constitute political advertising as long as it does not advocate for or against the measure. Additionally, it sets an affirmative defense for officers who reasonably relied on legal interpretations when engaging in conduct that might violate the bill's provisions. These elements aim to protect public officials who act in good faith while outlining clear boundaries for the usage of public funds.

Summary

SB2085 seeks to amend the Election Code concerning the use of public funds for political advertising by political subdivisions. It explicitly prohibits officers or employees from knowingly spending or authorizing the expenditure of public funds for political advertising. This bill is a response to ongoing concerns about the use of taxpayer money in political campaigns, ensuring that public funds are not diverted for political purposes without accountability.

Contention

Notable points of contention arise around the definitions and boundaries set by this bill. Critics may argue that the bill's language could lead to ambiguities regarding what constitutes a violation, potentially subjecting public officials to unwarranted scrutiny. Furthermore, the stipulation that prosecution cannot proceed while a complaint is pending with the commission might be viewed as a loophole that could delay accountability. Proponents, however, may see the bill as a vital step toward transparency and responsible governance.