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.
