By: Cain, et al. (Senate Sponsor - Hall) H.B. No. 368
(In the Senate - Received from the House April 23, 2019;
April 30, 2019, read first time and referred to Committee on State
Affairs; May 19, 2019, reported favorably by the following vote:
Yeas 8, Nays 0; May 19, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the use of legislatively produced audio or visual
materials in political advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 306.005, Government Code, is repealed.
SECTION 2. Sections 306.006(a) and (g), Government Code,
are amended to read as follows:
(a) A person may not use audio or visual 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
materials or under whose direction the audio or visual materials
were produced gives its permission for the person's commercial use
and:
(1) the person uses the audio or visual 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 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.
(g) In this section:
(1) "Commercial purpose" means a purpose that is
intended to result in a profit or other tangible benefit.
(2) "Visual materials" means photographic, video, or
other material containing a still or moving recorded image or
images [has the meaning assigned by Section 306.005].
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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