State Codes and Statutes

Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-306-legislative-information

GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE A. LEGISLATURE

CHAPTER 306. LEGISLATIVE INFORMATION

Sec. 306.001. DEFINITION. In this chapter, "communication"

includes conversation, correspondence, and electronic

communication.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.002. APPLICATION. This chapter applies to records and

communications collected and maintained by members of the

legislature and the lieutenant governor on June 12, 1985, as well

as to records made and communications received by those officials

on or after that date.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.003. CONFIDENTIAL RECORDS. (a) Records of a member of

the legislature or the lieutenant governor that are composed

exclusively of memoranda of communications with residents of this

state and of personal information concerning the person

communicating with the member or lieutenant governor are

confidential. However, the member or the lieutenant governor may

disclose all or a part of a record to which this subsection

applies, and that disclosure does not violate the law of this

state.

(b) The method used to store or maintain a record covered by

Subsection (a) does not affect the confidentiality of the record.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.004. PUBLIC DISCLOSURE PROHIBITED. (a) To ensure the

right of the citizens of this state to petition state government,

as guaranteed by Article I, Section 27, of the Texas

Constitution, by protecting the confidentiality of communications

of citizens with a member of the legislature or the lieutenant

governor, the public disclosure of all or part of a written or

otherwise recorded communication from a citizen of this state

received by a member or the lieutenant governor in his official

capacity is prohibited unless:

(1) the citizen expressly or by clear implication authorizes the

disclosure;

(2) the communication is of a type that is expressly authorized

by statute to be disclosed; or

(3) the official determines that the disclosure does not

constitute an unwarranted invasion of personal privacy of the

communicator or another person.

(b) This section does not apply to a communication to a member

of the legislature or the lieutenant governor from a public

official or public employee acting in an official capacity.

(c) A member or the lieutenant governor may elect to disclose

all or part of a communication to which this section applies, and

that disclosure does not violate the law of this state.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.005. USE OF LEGISLATIVELY PRODUCED AUDIO OR VISUAL

MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may

not use audio or video materials produced by or under the

direction of the legislature or of a house, committee, or agency

of the legislature in political advertising.

(b) After a formal hearing held as provided by Subchapter E,

Chapter 571, the Texas Ethics Commission may impose a civil

penalty against a person who violates this section. The amount of

the penalty may not exceed $5,000 for each violation.

(c) Subsection (a) does not prohibit describing or quoting the

verbal content of the audio or video materials in political

advertising.

(d) In this section, "political advertising" has the meaning

assigned by Section 251.001, Election Code.

Added by Acts 1995, 74th Leg., ch. 877, Sec. 1, eff. Sept. 1,

1995.

Sec. 306.006. COMMERCIAL USE OF LEGISLATIVELY PRODUCED AUDIO OR

VISUAL MATERIALS. (a) A person may not use audio or video

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 video materials or under whose direction the audio

or video materials were produced gives its permission for the

person's commercial use and:

(1) the person uses the audio or video 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 to paid subscribers an unedited feed of

the audio or visual materials.

(b) A person who violates Subsection (a) commits an offense. An

offense under this subsection is a Class C misdemeanor.

(c) The legislative entity that produced the audio or video

materials or under whose direction the audio or video materials

were produced shall give its permission to a person to use the

materials for a commercial purpose described by Subsection (a)(1)

if the person or the person's representative submits to the

legislative entity a signed, written request for the use that:

(1) states the purpose for which the audio or video materials

will be used and the stated purpose is allowed under Subsection

(a)(1); and

(2) contains an agreement by the person that the audio or visual

materials will not be used for a commercial purpose other than

the stated purpose.

(d) The legislative entity is not required to give its

permission to any person to use the materials for a purpose

described by Subsection (a)(2) and may limit the number of

persons to whom it gives its permission to use the materials for

a purpose described by Subsection (a)(2).

(e) Subsection (a) and an agreement under Subsection (c)(2) do

not prohibit compiling, describing, quoting from, analyzing, or

researching the verbal content of the audio or visual materials

for a commercial purpose.

(f) In addition to the criminal penalty that may be imposed

under Subsection (b), the attorney general shall enforce this

section at the request of the legislative entity by bringing a

civil action to enjoin a violation of Subsection (a) or of an

agreement under Subsection (c)(2).

(g) In this section, "commercial purpose" means a purpose that

is intended to result in a profit or other tangible benefit.

Added by Acts 1995, 74th Leg., ch. 877, Sec. 1, eff. Sept. 1,

1995.

Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE TO

LEGISLATURE. A state officer or board, commission, or other

agency in the executive branch of state government, and an agency

in the judicial branch of state government other than a court,

shall make reports required by law and minutes of meetings of the

agency's governing body available to members of the legislature

and to agencies in the legislative branch of state government in

an electronic format determined by the Texas Legislative Council.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.03, eff. Sept. 1,

1999.

State Codes and Statutes

Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-306-legislative-information

GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE A. LEGISLATURE

CHAPTER 306. LEGISLATIVE INFORMATION

Sec. 306.001. DEFINITION. In this chapter, "communication"

includes conversation, correspondence, and electronic

communication.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.002. APPLICATION. This chapter applies to records and

communications collected and maintained by members of the

legislature and the lieutenant governor on June 12, 1985, as well

as to records made and communications received by those officials

on or after that date.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.003. CONFIDENTIAL RECORDS. (a) Records of a member of

the legislature or the lieutenant governor that are composed

exclusively of memoranda of communications with residents of this

state and of personal information concerning the person

communicating with the member or lieutenant governor are

confidential. However, the member or the lieutenant governor may

disclose all or a part of a record to which this subsection

applies, and that disclosure does not violate the law of this

state.

(b) The method used to store or maintain a record covered by

Subsection (a) does not affect the confidentiality of the record.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.004. PUBLIC DISCLOSURE PROHIBITED. (a) To ensure the

right of the citizens of this state to petition state government,

as guaranteed by Article I, Section 27, of the Texas

Constitution, by protecting the confidentiality of communications

of citizens with a member of the legislature or the lieutenant

governor, the public disclosure of all or part of a written or

otherwise recorded communication from a citizen of this state

received by a member or the lieutenant governor in his official

capacity is prohibited unless:

(1) the citizen expressly or by clear implication authorizes the

disclosure;

(2) the communication is of a type that is expressly authorized

by statute to be disclosed; or

(3) the official determines that the disclosure does not

constitute an unwarranted invasion of personal privacy of the

communicator or another person.

(b) This section does not apply to a communication to a member

of the legislature or the lieutenant governor from a public

official or public employee acting in an official capacity.

(c) A member or the lieutenant governor may elect to disclose

all or part of a communication to which this section applies, and

that disclosure does not violate the law of this state.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.005. USE OF LEGISLATIVELY PRODUCED AUDIO OR VISUAL

MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may

not use audio or video materials produced by or under the

direction of the legislature or of a house, committee, or agency

of the legislature in political advertising.

(b) After a formal hearing held as provided by Subchapter E,

Chapter 571, the Texas Ethics Commission may impose a civil

penalty against a person who violates this section. The amount of

the penalty may not exceed $5,000 for each violation.

(c) Subsection (a) does not prohibit describing or quoting the

verbal content of the audio or video materials in political

advertising.

(d) In this section, "political advertising" has the meaning

assigned by Section 251.001, Election Code.

Added by Acts 1995, 74th Leg., ch. 877, Sec. 1, eff. Sept. 1,

1995.

Sec. 306.006. COMMERCIAL USE OF LEGISLATIVELY PRODUCED AUDIO OR

VISUAL MATERIALS. (a) A person may not use audio or video

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 video materials or under whose direction the audio

or video materials were produced gives its permission for the

person's commercial use and:

(1) the person uses the audio or video 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 to paid subscribers an unedited feed of

the audio or visual materials.

(b) A person who violates Subsection (a) commits an offense. An

offense under this subsection is a Class C misdemeanor.

(c) The legislative entity that produced the audio or video

materials or under whose direction the audio or video materials

were produced shall give its permission to a person to use the

materials for a commercial purpose described by Subsection (a)(1)

if the person or the person's representative submits to the

legislative entity a signed, written request for the use that:

(1) states the purpose for which the audio or video materials

will be used and the stated purpose is allowed under Subsection

(a)(1); and

(2) contains an agreement by the person that the audio or visual

materials will not be used for a commercial purpose other than

the stated purpose.

(d) The legislative entity is not required to give its

permission to any person to use the materials for a purpose

described by Subsection (a)(2) and may limit the number of

persons to whom it gives its permission to use the materials for

a purpose described by Subsection (a)(2).

(e) Subsection (a) and an agreement under Subsection (c)(2) do

not prohibit compiling, describing, quoting from, analyzing, or

researching the verbal content of the audio or visual materials

for a commercial purpose.

(f) In addition to the criminal penalty that may be imposed

under Subsection (b), the attorney general shall enforce this

section at the request of the legislative entity by bringing a

civil action to enjoin a violation of Subsection (a) or of an

agreement under Subsection (c)(2).

(g) In this section, "commercial purpose" means a purpose that

is intended to result in a profit or other tangible benefit.

Added by Acts 1995, 74th Leg., ch. 877, Sec. 1, eff. Sept. 1,

1995.

Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE TO

LEGISLATURE. A state officer or board, commission, or other

agency in the executive branch of state government, and an agency

in the judicial branch of state government other than a court,

shall make reports required by law and minutes of meetings of the

agency's governing body available to members of the legislature

and to agencies in the legislative branch of state government in

an electronic format determined by the Texas Legislative Council.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.03, eff. Sept. 1,

1999.


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State Codes and Statutes

Statutes > Texas > Government-code > Title-3-legislative-branch > Chapter-306-legislative-information

GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE A. LEGISLATURE

CHAPTER 306. LEGISLATIVE INFORMATION

Sec. 306.001. DEFINITION. In this chapter, "communication"

includes conversation, correspondence, and electronic

communication.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.002. APPLICATION. This chapter applies to records and

communications collected and maintained by members of the

legislature and the lieutenant governor on June 12, 1985, as well

as to records made and communications received by those officials

on or after that date.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.003. CONFIDENTIAL RECORDS. (a) Records of a member of

the legislature or the lieutenant governor that are composed

exclusively of memoranda of communications with residents of this

state and of personal information concerning the person

communicating with the member or lieutenant governor are

confidential. However, the member or the lieutenant governor may

disclose all or a part of a record to which this subsection

applies, and that disclosure does not violate the law of this

state.

(b) The method used to store or maintain a record covered by

Subsection (a) does not affect the confidentiality of the record.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.004. PUBLIC DISCLOSURE PROHIBITED. (a) To ensure the

right of the citizens of this state to petition state government,

as guaranteed by Article I, Section 27, of the Texas

Constitution, by protecting the confidentiality of communications

of citizens with a member of the legislature or the lieutenant

governor, the public disclosure of all or part of a written or

otherwise recorded communication from a citizen of this state

received by a member or the lieutenant governor in his official

capacity is prohibited unless:

(1) the citizen expressly or by clear implication authorizes the

disclosure;

(2) the communication is of a type that is expressly authorized

by statute to be disclosed; or

(3) the official determines that the disclosure does not

constitute an unwarranted invasion of personal privacy of the

communicator or another person.

(b) This section does not apply to a communication to a member

of the legislature or the lieutenant governor from a public

official or public employee acting in an official capacity.

(c) A member or the lieutenant governor may elect to disclose

all or part of a communication to which this section applies, and

that disclosure does not violate the law of this state.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept.

1, 1987.

Sec. 306.005. USE OF LEGISLATIVELY PRODUCED AUDIO OR VISUAL

MATERIALS IN POLITICAL ADVERTISING PROHIBITED. (a) A person may

not use audio or video materials produced by or under the

direction of the legislature or of a house, committee, or agency

of the legislature in political advertising.

(b) After a formal hearing held as provided by Subchapter E,

Chapter 571, the Texas Ethics Commission may impose a civil

penalty against a person who violates this section. The amount of

the penalty may not exceed $5,000 for each violation.

(c) Subsection (a) does not prohibit describing or quoting the

verbal content of the audio or video materials in political

advertising.

(d) In this section, "political advertising" has the meaning

assigned by Section 251.001, Election Code.

Added by Acts 1995, 74th Leg., ch. 877, Sec. 1, eff. Sept. 1,

1995.

Sec. 306.006. COMMERCIAL USE OF LEGISLATIVELY PRODUCED AUDIO OR

VISUAL MATERIALS. (a) A person may not use audio or video

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 video materials or under whose direction the audio

or video materials were produced gives its permission for the

person's commercial use and:

(1) the person uses the audio or video 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 to paid subscribers an unedited feed of

the audio or visual materials.

(b) A person who violates Subsection (a) commits an offense. An

offense under this subsection is a Class C misdemeanor.

(c) The legislative entity that produced the audio or video

materials or under whose direction the audio or video materials

were produced shall give its permission to a person to use the

materials for a commercial purpose described by Subsection (a)(1)

if the person or the person's representative submits to the

legislative entity a signed, written request for the use that:

(1) states the purpose for which the audio or video materials

will be used and the stated purpose is allowed under Subsection

(a)(1); and

(2) contains an agreement by the person that the audio or visual

materials will not be used for a commercial purpose other than

the stated purpose.

(d) The legislative entity is not required to give its

permission to any person to use the materials for a purpose

described by Subsection (a)(2) and may limit the number of

persons to whom it gives its permission to use the materials for

a purpose described by Subsection (a)(2).

(e) Subsection (a) and an agreement under Subsection (c)(2) do

not prohibit compiling, describing, quoting from, analyzing, or

researching the verbal content of the audio or visual materials

for a commercial purpose.

(f) In addition to the criminal penalty that may be imposed

under Subsection (b), the attorney general shall enforce this

section at the request of the legislative entity by bringing a

civil action to enjoin a violation of Subsection (a) or of an

agreement under Subsection (c)(2).

(g) In this section, "commercial purpose" means a purpose that

is intended to result in a profit or other tangible benefit.

Added by Acts 1995, 74th Leg., ch. 877, Sec. 1, eff. Sept. 1,

1995.

Sec. 306.007. MINUTES AND REPORTS ELECTRONICALLY AVAILABLE TO

LEGISLATURE. A state officer or board, commission, or other

agency in the executive branch of state government, and an agency

in the judicial branch of state government other than a court,

shall make reports required by law and minutes of meetings of the

agency's governing body available to members of the legislature

and to agencies in the legislative branch of state government in

an electronic format determined by the Texas Legislative Council.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.03, eff. Sept. 1,

1999.


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