| 1 | 1 | | 88R8578 TSS-D |
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| 2 | 2 | | By: Harrison H.B. No. 3018 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the offense of unlawful use of public funds for |
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| 8 | 8 | | communications relating to a measure. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 255.003, Election Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS BY EMPLOYEE OR |
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| 13 | 13 | | OFFICER OF POLITICAL SUBDIVISION [FOR POLITICAL ADVERTISING]. |
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| 14 | 14 | | SECTION 2. Sections 255.003(a) and (c), Election Code, are |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) An officer or employee of a political subdivision may |
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| 17 | 17 | | not knowingly spend or authorize the spending of public funds for: |
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| 18 | 18 | | (1) political advertising; or |
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| 19 | 19 | | (2) a communication relating to a measure submitted at |
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| 20 | 20 | | an election as a result of an official action adopted or approved by |
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| 21 | 21 | | the political subdivision, other than notice required under Chapter |
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| 22 | 22 | | 4. |
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| 23 | 23 | | (c) A person who violates Subsection (a) [or (b-1)] commits |
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| 24 | 24 | | an offense. An offense under this section is a Class A misdemeanor. |
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| 25 | 25 | | SECTION 3. Sections 255.003(b) and (b-1), Election Code, |
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| 26 | 26 | | are repealed. |
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| 27 | 27 | | SECTION 4. The change in law made by this Act applies only |
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| 28 | 28 | | to the use of public funds or resources that occurs on or after the |
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| 29 | 29 | | effective date of this Act. The use of public funds or resources |
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| 30 | 30 | | that occurs before the effective date of this Act is governed by the |
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| 31 | 31 | | law in effect before the effective date of this Act, and that law is |
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| 32 | 32 | | continued in effect for that purpose. |
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| 33 | 33 | | SECTION 5. This Act takes effect September 1, 2023. |
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