Texas 2019 - 86th Regular

Texas Senate Bill SB904 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R12408 ADM-F
1	2		By: Hughes S.B. No. 904
2		-	(In the Senate - Filed March 8, 2019; March 11, 2019, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 8, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 2; April 8, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 904 By: Hughes
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the use of governmental communications systems to
14	8		distribute political advertising; providing a civil penalty.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Sections 255.003(a) and (b), Election Code, are
17	11		amended to read as follows:
18	12		(a) An officer or employee of a political subdivision may
19	13		not knowingly spend or authorize the spending of public funds,
20	14		including by use of government communications systems, such as
21	15		electronic communications, for political advertising.
22	16		(b) Subsection (a) does not apply to a communication that
23	17		factually describes the purposes of a ballot measure if the
24	18		communication does not advocate passage or defeat of the measure.
25	19		SECTION 2. Section 255.0031(d)(1), Election Code, is
26	20		amended to read as follows:
27	21		(1) "Internal mail system" means a system operated by
28	22		a state agency or political subdivision to deliver written
29	23		documents or electronic communications to officers or employees of
30	24		the agency or subdivision.
31	25		SECTION 3. Chapter 255, Election Code, is amended by adding
32	26		Sections 255.009 and 255.010 to read as follows:
33	27		Sec. 255.009. MISUSE OF GOVERNMENT RESOURCES BY THIRD
34		-	PARTY. (a) A person, political campaign, or advocacy group may
35		-	~~not~~ misuse government resources by causing political advertising to
36		-	be delivered to an e-mail address issued by this state or by a
	28	+	PARTY. (a) A person, political campaign, or advocacy group may not
	29	+	misuse government resources by causing political advertising to be
	30	+	delivered to an e-mail address issued by this state or by a
37	31		political subdivision of this state.
38	32		(b) For each government-issued e-mail address receiving an
39	33		e-mail described by Subsection (a), the person, political campaign,
40	34		or advocacy group sending the e-mail is liable for a civil penalty
41		-	of $100 if:
42		-	(1) the attorney general, a district attorney, or a
43		-	county attorney notified the person, political campaign, or
44		-	advocacy group that an e-mail was delivered in violation of
45		-	Subsection (a); and
46		-	(2) the person, political campaign, or advocacy group,
47		-	after receiving notice of the violation, delivered an e-mail in
48		-	violation of Subsection (a) to the same e-mail address.
	35	+	of $100.
49	36		(c) The attorney general, a district attorney, or a county
50	37		attorney may enforce this provision.
51	38		Sec. 255.010. DEFINITION. In this chapter, "electronic
52	39		communications" means any communication facilitated by the use of
53	40		any electronic device, including a cellular telephone, computer,
54	41		computer network, personal data assistant, or pager. The term
55	42		includes e-mails, text messages, instant messages, and any
56	43		communications made through a mobile application for electronic
57	44		devices or through an Internet website.
58	45		SECTION 4. This Act takes effect September 1, 2019.
59		-	* * * * *