By: Hughes S.B. No. 904
(In the Senate - Filed March 8, 2019; March 11, 2019, read
first time and referred to Committee on State Affairs;
April 8, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; April 8, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 904 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the use of governmental communications systems to
distribute political advertising; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 255.003(a) and (b), Election Code, are
amended to read as follows:
(a) An officer or employee of a political subdivision may
not knowingly spend or authorize the spending of public funds,
including by use of government communications systems, such as
electronic communications, for political advertising.
(b) Subsection (a) does not apply to a communication that
factually describes the purposes of a ballot measure if the
communication does not advocate passage or defeat of the measure.
SECTION 2. Section 255.0031(d)(1), Election Code, is
amended to read as follows:
(1) "Internal mail system" means a system operated by
a state agency or political subdivision to deliver written
documents or electronic communications to officers or employees of
the agency or subdivision.
SECTION 3. Chapter 255, Election Code, is amended by adding
Sections 255.009 and 255.010 to read as follows:
Sec. 255.009. MISUSE OF GOVERNMENT RESOURCES BY THIRD
PARTY. (a) A person, political campaign, or advocacy group may
not misuse government resources by causing political advertising to
be delivered to an e-mail address issued by this state or by a
political subdivision of this state.
(b) For each government-issued e-mail address receiving an
e-mail described by Subsection (a), the person, political campaign,
or advocacy group sending the e-mail is liable for a civil penalty
of $100 if:
(1) the attorney general, a district attorney, or a
county attorney notified the person, political campaign, or
advocacy group that an e-mail was delivered in violation of
Subsection (a); and
(2) the person, political campaign, or advocacy group,
after receiving notice of the violation, delivered an e-mail in
violation of Subsection (a) to the same e-mail address.
(c) The attorney general, a district attorney, or a county
attorney may enforce this provision.
Sec. 255.010. DEFINITION. In this chapter, "electronic
communications" means any communication facilitated by the use of
any electronic device, including a cellular telephone, computer,
computer network, personal data assistant, or pager. The term
includes e-mails, text messages, instant messages, and any
communications made through a mobile application for electronic
devices or through an Internet website.
SECTION 4. This Act takes effect September 1, 2019.
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