By: Geren (Senate Sponsor - Eltife) H.B. No. 2377
(In the Senate - Received from the House April 4, 2013;
April 9, 2013, read first time and referred to Committee on
Administration; April 29, 2013, reported favorably by the
following vote: Yeas 6, Nays 0; April 29, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the use of legislatively produced audio or visual
materials; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 306.005, Government Code, is amended to
read as follows:
Sec. 306.005. USE OF LEGISLATIVELY PRODUCED AUDIO OR VISUAL
MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may
not use audio or visual [video] materials produced by or under the
direction of the legislature or of a house, committee, or agency of
the legislature in political advertising.
(b) After a formal hearing held as provided by Subchapter E,
Chapter 571, the Texas Ethics Commission may impose a civil penalty
against a person who violates this section. The amount of the
penalty may not exceed $5,000 for each violation.
(c) Subsection (a) does not prohibit describing or quoting
the verbal content of the audio or visual [video] materials in
political advertising.
(d) Subsection (a) does not apply to a photograph of a
current or former member of the legislature obtained from a house,
committee, or agency of the legislature that is used in accordance
with terms and conditions established by the entity from which the
photograph was obtained.
(e) In this section:
(1) "Political [, "political] advertising" has the
meaning assigned by Section 251.001, Election Code.
(2) "Visual materials" means photographic, video, or
other material containing a still or moving recorded image or
images.
SECTION 2. Chapter 306, Government Code, is amended by
adding Section 306.0055 to read as follows:
Sec. 306.0055. LEGISLATIVELY PRODUCED PHOTOGRAPHS. A
house, committee, or agency of the legislature may charge for a
photograph produced by or under the direction of the entity the fair
market value of the photograph.
SECTION 3. Section 306.006, Government Code, is amended to
read as follows:
Sec. 306.006. COMMERCIAL USE OF LEGISLATIVELY PRODUCED
AUDIO OR VISUAL MATERIALS. (a) A person may not use audio or visual
[video] materials produced by or under the direction of the
legislature or of a house, committee, or agency of the legislature
for a commercial purpose unless the legislative entity that
produced the audio or visual [video] materials or under whose
direction the audio or visual [video] materials were produced gives
its permission for the person's commercial use and:
(1) the person uses the audio or visual [video]
materials only for educational or public affairs programming,
including news programming, that does not also constitute a use
prohibited under Section 306.005; or
(2) the person transmits [to paid subscribers] an
unedited feed of the audio or visual materials:
(A) to paid subscribers; or
(B) on an Internet website that is accessible to
the public.
(b) A person who violates Subsection (a) commits an offense.
An offense under this subsection is a Class C misdemeanor.
(c) The legislative entity that produced the audio or visual
[video] materials or under whose direction the audio or visual
[video] materials were produced shall give its permission to a
person to use the materials for a commercial purpose described by
Subsection (a)(1) if the person or the person's representative
submits to the legislative entity a signed, written request for the
use that:
(1) states the purpose for which the audio or visual
[video] materials will be used and the stated purpose is allowed
under Subsection (a)(1); and
(2) contains an agreement by the person that the audio
or visual materials will not be used for a commercial purpose other
than the stated purpose.
(d) Subsection (a)(2) does not apply to visual materials
consisting of photographs or other still images. A [The]
legislative entity is not required to give its permission to any
person to use [the] materials for a purpose described by Subsection
(a)(2) and may limit the number of persons to whom it gives its
permission to use [the] materials for a purpose described by
Subsection (a)(2).
(e) Subsection (a) and an agreement under Subsection (c)(2)
do not prohibit compiling, describing, quoting from, analyzing, or
researching the verbal content of the audio or visual materials for
a commercial purpose.
(f) In addition to the criminal penalty that may be imposed
under Subsection (b), the attorney general shall enforce this
section at the request of the legislative entity by bringing a civil
action to enjoin a violation of Subsection (a) or of an agreement
under Subsection (c)(2).
(g) In this section:
(1) "Commercial [, "commercial] purpose" means a
purpose that is intended to result in a profit or other tangible
benefit.
(2) "Visual materials" has the meaning assigned by
Section 306.005.
SECTION 4. The change in law made by this Act applies only
to an offense or other violation of the law amended by this Act
committed on or after the effective date of this Act. An offense or
other violation of that law committed before the effective date of
this Act is governed by the law in effect when the offense or
violation was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense or other
violation was committed before the effective date of this Act if any
element of the offense or violation was committed before that date.
SECTION 5. This Act takes effect September 1, 2013.
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