2005 Texas Government Code CHAPTER 306. LEGISLATIVE INFORMATION

GOVERNMENT CODE

CHAPTER 306. LEGISLATIVE INFORMATION


	§ 306.001. DEFINITION.  In this chapter, "communication" 
includes conversation, correspondence, and electronic 
communication.

Added by Acts 1987, 70th Leg., ch. 167, § 2.05(a), eff. Sept. 1, 
1987.   


	§ 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, § 2.05(a), eff. Sept. 1, 
1987.   


	§ 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, § 2.05(a), eff. Sept. 1, 
1987.   


	§ 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, § 2.05(a), eff. Sept. 1, 
1987.   


	§ 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, § 1, eff. Sept. 1, 1995.           


	§ 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, § 1, eff. Sept. 1, 1995.           


	§ 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, § 1.03, eff. Sept. 1, 
1999.