Text: HF02001 Text: HF02003 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 4.1, Code 2001, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 9A. "Internet" means the federated
1 4 international system that is composed of allied electronic
1 5 communication networks linked by telecommunication channels,
1 6 that uses standardized protocols, and that facilitates
1 7 electronic communication services, including but not limited
1 8 to use of the world wide web; the transmission of electronic
1 9 mail or messages; the transfer of files and data or other
1 10 electronic information; and the transmission of voice, image,
1 11 and video.
1 12 Sec. 2. Section 14B.101, Code Supplement 2001, is amended
1 13 by adding the following new subsections:
1 14 NEW SUBSECTION. 0A. "Advertise" means to present a
1 15 commercial message that is accessible using an information
1 16 technology device, if the commercial message is presented for
1 17 the purpose of promoting real property, goods, or services for
1 18 sale, lease, barter, or auction.
1 19 NEW SUBSECTION. 2A. "Executive branch entity" means the
1 20 office of the governor or any agency.
1 21 DIVISION III
1 22 STATE USE OF COMPUTER TECHNOLOGY
1 23 Sec. 3. NEW SECTION. 14B.301 ADVERTISING PROHIBITED.
1 24 1. An executive branch entity shall not control an
1 25 internet site that is used to distribute electronic
1 26 information, including a public record, if the electronic
1 27 information is presented with an advertisement or is the point
1 28 of origin for an electronic link to another internet site that
1 29 presents an advertisement.
1 30 2. For purposes of this section, an executive branch
1 31 entity is deemed to control an internet site, if the
1 32 distribution of electronic information accessible from the
1 33 internet site is made by any of the following:
1 34 a. An employee of an executive branch entity while
1 35 performing functions associated with employment.
2 1 b. A person who uses an executive branch entity's
2 2 information technology device.
2 3 c. Another person, if the site is used to distribute
2 4 electronic information, including a public record, originating
2 5 from the state, and the advertising is approved by the
2 6 executive branch entity.
2 7 3. This section does not apply to an internet site
2 8 controlled by an executive branch entity, if any of the
2 9 following apply:
2 10 a. The internet site is the point of destination by a link
2 11 from another internet site that is not controlled by an
2 12 executive branch entity.
2 13 b. The advertisement is presented for the purpose of
2 14 promoting real property, goods, or services for sale, lease,
2 15 barter, or auction by a governmental entity.
2 16 EXPLANATION
2 17 This bill restricts the use of the internet for advertising
2 18 by executive branch entities.
2 19 First, the bill defines the term "internet" in Code section
2 20 4.1 to ensure that it has a uniform definition whenever used
2 21 in the Code (the term has not been previously defined).
2 22 The bill restricts advertising by executive branch entities
2 23 that maintain an internet presence. Generally, the bill
2 24 prohibits an entity from controlling an internet site that is
2 25 used to distribute electronic information, including a public
2 26 record, if the electronic information is presented with an
2 27 advertisement or is the point of origin for an electronic link
2 28 to another internet site that presents an advertisement. The
2 29 executive branch entity may exercise control directly or
2 30 indirectly under contract in which the entity approves the
2 31 advertising. The prohibition does not apply to an internet
2 32 site that is the point of destination by a link from another
2 33 internet site that is not controlled by an executive branch
2 34 entity. It also does not apply to an advertisement presented
2 35 for the purpose of promoting real property, goods, or services
3 1 for sale, lease, barter, or auction by a governmental entity.
3 2 LSB 5019HH 79
3 3 da/cf/24.1
Text: HF02001 Text: HF02003 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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