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AN ACT
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relating to the use of legislatively produced audio or visual |
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materials; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 306.005, Government Code, is amended to |
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read as follows: |
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Sec. 306.005. USE OF LEGISLATIVELY PRODUCED AUDIO OR VISUAL |
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MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may |
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not use audio or visual [video] materials produced by or under the |
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direction of the legislature or of a house, committee, or agency of |
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the legislature in political advertising. |
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(b) After a formal hearing held as provided by Subchapter E, |
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Chapter 571, the Texas Ethics Commission may impose a civil penalty |
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against a person who violates this section. The amount of the |
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penalty may not exceed $5,000 for each violation. |
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(c) Subsection (a) does not prohibit describing or quoting |
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the verbal content of the audio or visual [video] materials in |
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political advertising. |
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(d) Subsection (a) does not apply to a photograph of a |
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current or former member of the legislature obtained from a house, |
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committee, or agency of the legislature that is used in accordance |
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with terms and conditions established by the entity from which the |
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photograph was obtained. |
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(e) In this section: |
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(1) "Political [, "political] advertising" has the |
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meaning assigned by Section 251.001, Election Code. |
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(2) "Visual materials" means photographic, video, or |
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other material containing a still or moving recorded image or |
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images. |
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SECTION 2. Chapter 306, Government Code, is amended by |
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adding Section 306.0055 to read as follows: |
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Sec. 306.0055. LEGISLATIVELY PRODUCED PHOTOGRAPHS. A |
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house, committee, or agency of the legislature may charge for a |
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photograph produced by or under the direction of the entity the fair |
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market value of the photograph. |
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SECTION 3. Section 306.006, Government Code, is amended to |
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read as follows: |
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Sec. 306.006. COMMERCIAL USE OF LEGISLATIVELY PRODUCED |
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AUDIO OR VISUAL MATERIALS. (a) A person may not use audio or visual |
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[video] materials produced by or under the direction of the |
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legislature or of a house, committee, or agency of the legislature |
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for a commercial purpose unless the legislative entity that |
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produced the audio or visual [video] materials or under whose |
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direction the audio or visual [video] materials were produced gives |
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its permission for the person's commercial use and: |
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(1) the person uses the audio or visual [video] |
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materials only for educational or public affairs programming, |
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including news programming, that does not also constitute a use |
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prohibited under Section 306.005; or |
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(2) the person transmits [to paid subscribers] an |
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unedited feed of the audio or visual materials: |
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(A) to paid subscribers; or |
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(B) on an Internet website that is accessible to |
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the public. |
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(b) A person who violates Subsection (a) commits an offense. |
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An offense under this subsection is a Class C misdemeanor. |
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(c) The legislative entity that produced the audio or visual |
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[video] materials or under whose direction the audio or visual |
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[video] materials were produced shall give its permission to a |
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person to use the materials for a commercial purpose described by |
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Subsection (a)(1) if the person or the person's representative |
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submits to the legislative entity a signed, written request for the |
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use that: |
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(1) states the purpose for which the audio or visual |
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[video] materials will be used and the stated purpose is allowed |
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under Subsection (a)(1); and |
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(2) contains an agreement by the person that the audio |
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or visual materials will not be used for a commercial purpose other |
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than the stated purpose. |
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(d) Subsection (a)(2) does not apply to visual materials |
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consisting of photographs or other still images. A [The] |
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legislative entity is not required to give its permission to any |
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person to use [the] materials for a purpose described by Subsection |
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(a)(2) and may limit the number of persons to whom it gives its |
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permission to use [the] materials for a purpose described by |
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Subsection (a)(2). |
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(e) Subsection (a) and an agreement under Subsection (c)(2) |
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do not prohibit compiling, describing, quoting from, analyzing, or |
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researching the verbal content of the audio or visual materials for |
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a commercial purpose. |
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(f) In addition to the criminal penalty that may be imposed |
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under Subsection (b), the attorney general shall enforce this |
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section at the request of the legislative entity by bringing a civil |
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action to enjoin a violation of Subsection (a) or of an agreement |
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under Subsection (c)(2). |
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(g) In this section: |
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(1) "Commercial [, "commercial] purpose" means a |
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purpose that is intended to result in a profit or other tangible |
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benefit. |
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(2) "Visual materials" has the meaning assigned by |
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Section 306.005. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense or other violation of the law amended by this Act |
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committed on or after the effective date of this Act. An offense or |
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other violation of that law committed before the effective date of |
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this Act is governed by the law in effect when the offense or |
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violation was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense or other |
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violation was committed before the effective date of this Act if any |
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element of the offense or violation was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2377 was passed by the House on April |
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3, 2013, by the following vote: Yeas 145, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2377 was passed by the Senate on May |
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2, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |