Bill Text: TX HB368 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the use of legislatively produced audio or visual materials in political advertising.

Sponsorship: Moderate Partisan Bill (Republican 11-3)

Status: (Passed) 2019-06-10 - Effective immediately [HB368 Detail]

Download: Texas-2019-HB368-Enrolled.html

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H.B. No. 368

AN ACT
relating to the use of legislatively produced audio or visual
materials in political advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 306.005, Government Code, is repealed.
SECTION 2. Sections 306.006(a) and (g), Government Code,
are amended to read as follows:
(a) A person may not use audio or visual materials produced
by or under the direction of the legislature or of a house,
committee, or agency of the legislature for a commercial purpose
unless the legislative entity that produced the audio or visual
materials or under whose direction the audio or visual materials
were produced gives its permission for the person's commercial use
and:
(1) the person uses the audio or visual materials only
for educational or public affairs programming, including news
programming[, that does not also constitute a use prohibited under
Section 306.005]; or
(2) the person transmits an unedited feed of the audio
or visual materials:
(A) to paid subscribers; or
(B) on an Internet website that is accessible to
the public.
(g) In this section:
(1) "Commercial purpose" means a purpose that is
intended to result in a profit or other tangible benefit.
(2) "Visual materials" means photographic, video, or
other material containing a still or moving recorded image or
images [has the meaning assigned by Section 306.005].
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 368 was passed by the House on April
17, 2019, by the following vote: Yeas 139, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 368 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor