| (a) Assessments may not be used to directly or indirectly
promote or oppose the election of candidates for public office or
influence legislation.
(1) Entities and individuals receiving funding from
a board shall not use funds to support or oppose the election of candidates
for public office or influence legislation.
(2) Assessments may not be used to fund research which
shall be utilized solely to influence legislation.
(b) The term "influence legislation" includes, but
is not limited to:
(1) any attempt to affect the opinions of the general
public or any segment thereof regarding pending or anticipated legislation;
(2) communication with any member or employee of a
legislative body, or with any government official or employee who
may participate in the formulation of pending or anticipated legislation;
(3) contacting or urging the public or producers covered
by a board to contact members of a legislative body for the purpose
of proposing, supporting, or opposing legislation;
(4) actively advocating the adoption or rejection of
legislation by filing formal comments in support of or in opposition
to pending or anticipated legislation; or
(5) encouraging members or producers to do any of the
actions identified in paragraphs (1) - (4) of this subsection.
(c) The term "influence legislation" does not include
the following:
(1) the development and recommendation to the legislature
of amendments to Texas Agriculture Code, Chapter 41;
(2) communication to appropriate government officials
of information relating to the conduct, implementation, or results
of promotion, research, consumer information, or industry information
activities under Texas Agriculture Code, Chapter 41;
(3) any action designed to market an agricultural commodity
or commodity products directly to a foreign government or political
subdivision thereof;
(4) making the results of nonpartisan analysis, study,
or research available to the public or producers;
(5) providing technical advice or assistance to a governmental
body, a committee, or other subdivision thereof, including appearances
before any such body, committee or subdivision, in response to a request
by such body, committee or subdivision;
(6) appearances before, or communications to, any legislative
body with respect to a possible decision which could affect the existence
of the organization, its powers and duties, or tax-exempt status;
(7) communications between the board and producers
represented by the board with respect to legislation or proposed legislation
of direct interest to the organization and such producers, other than
communications permitted by this section;
(8) any communication with a government official or
employee, other than a communication with a member or employee of
a legislative body where such communication would otherwise constitute
the influencing of legislation; and
(9) publication of articles regarding pending legislative
issues of interest to members or producers which contain neutral,
factual reports.
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