S.B. No. 2085
  relating to the offense of unlawful use of public funds for
  political advertising by a political subdivision.
         SECTION 1.  Section 255.003, Election Code, is amended by
  amending Subsection (a) and adding Subsections (d), (e), and (f) to
  read as follows:
         (a)  An officer or employee of a political subdivision may
  not knowingly spend or authorize the spending of public funds for
  political advertising.
         (d)  It is an affirmative defense to prosecution for an
  offense under this section or the imposition of a civil penalty for
  conduct under this section that an officer or employee of a
  political subdivision reasonably relied on a court order or an
  interpretation of this section in a written opinion issued by:
               (1)  a court of record;
               (2)  the attorney general; or
               (3)  the commission.
         (e)  On written request of the governing body of a political
  subdivision that has ordered an election on a measure, the
  commission shall prepare an advance written advisory opinion as to
  whether a particular communication relating to the measure does or
  does not comply with this section.
         (f)  Subsections (d) and (e) do not apply to a port authority
  or navigation district.
         SECTION 2.  Section 255.003, Election Code, as amended by
  this Act, applies to the prosecution of conduct committed before,
  on, or after September 1, 2009, as to which:
               (1)  judgment has not been entered or a sentence has not
  been imposed; or
               (2)  if judgment has been entered and a sentence
  imposed, an appeal is pending or the time for appeal has not
         SECTION 3.  This Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 2085 passed the Senate on
  May 11, 2009, by the following vote:  Yeas 28, Nays 3.
  Secretary of the Senate    
         I hereby certify that S.B. No. 2085 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
  Chief Clerk of the House