| 1 | | - | H.B. No. 368 |
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| 1 | + | By: Cain, et al. (Senate Sponsor - Hall) H.B. No. 368 |
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| 2 | + | (In the Senate - Received from the House April 23, 2019; |
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| 3 | + | April 30, 2019, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 19, 2019, reported favorably by the following vote: |
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| 5 | + | Yeas 8, Nays 0; May 19, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the use of legislatively produced audio or visual |
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| 6 | 12 | | materials in political advertising. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 306.005, Government Code, is repealed. |
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| 9 | 15 | | SECTION 2. Sections 306.006(a) and (g), Government Code, |
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| 10 | 16 | | are amended to read as follows: |
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| 11 | 17 | | (a) A person may not use audio or visual materials produced |
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| 12 | 18 | | by or under the direction of the legislature or of a house, |
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| 13 | 19 | | committee, or agency of the legislature for a commercial purpose |
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| 14 | 20 | | unless the legislative entity that produced the audio or visual |
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| 15 | 21 | | materials or under whose direction the audio or visual materials |
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| 16 | 22 | | were produced gives its permission for the person's commercial use |
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| 17 | 23 | | and: |
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| 18 | 24 | | (1) the person uses the audio or visual materials only |
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| 19 | 25 | | for educational or public affairs programming, including news |
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| 20 | 26 | | programming[, that does not also constitute a use prohibited under |
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| 21 | 27 | | Section 306.005]; or |
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| 22 | 28 | | (2) the person transmits an unedited feed of the audio |
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| 23 | 29 | | or visual materials: |
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| 24 | 30 | | (A) to paid subscribers; or |
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| 25 | 31 | | (B) on an Internet website that is accessible to |
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| 26 | 32 | | the public. |
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| 27 | 33 | | (g) In this section: |
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| 28 | 34 | | (1) "Commercial purpose" means a purpose that is |
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| 29 | 35 | | intended to result in a profit or other tangible benefit. |
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| 30 | 36 | | (2) "Visual materials" means photographic, video, or |
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| 31 | 37 | | other material containing a still or moving recorded image or |
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| 32 | 38 | | images [has the meaning assigned by Section 306.005]. |
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| 33 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 43 | | Act takes effect September 1, 2019. |
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| 38 | | - | ______________________________ ______________________________ |
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| 39 | | - | President of the Senate Speaker of the House |
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| 40 | | - | I certify that H.B. No. 368 was passed by the House on April |
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| 41 | | - | 17, 2019, by the following vote: Yeas 139, Nays 2, 2 present, not |
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| 42 | | - | voting. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Chief Clerk of the House |
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| 45 | | - | I certify that H.B. No. 368 was passed by the Senate on May |
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| 46 | | - | 22, 2019, by the following vote: Yeas 31, Nays 0. |
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| 47 | | - | ______________________________ |
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| 48 | | - | Secretary of the Senate |
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| 49 | | - | APPROVED: _____________________ |
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| 50 | | - | Date |
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| 51 | | - | _____________________ |
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| 52 | | - | Governor |
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| 44 | + | * * * * * |
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