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.