For purposes of Section 251.001(8), communication between a person and a candidate, officeholder, or candidate's or officeholder's agent is not evidence that the person obtained the candidate's or officeholder's consent or approval for a campaign expenditure made after the communication by the person on behalf of the candidate or officeholder unless the communication establishes that:

1. (1) the expenditure is incurred at the request or suggestion of the candidate, officeholder, or candidate's or officeholder's agent;
2. (2) the candidate, officeholder, or candidate's or officeholder's agent is materially involved in decisions regarding the creation, production, or distribution of a campaign communication related to the expenditure; or

3. (3) the candidate, officeholder, or candidate's or officeholder's agent shares information about the candidate's or officeholder's plans or needs that is:

   1. (A) material to the creation, production, or distribution of a campaign communication related to the expenditure; and
   2. (B) not available to the public.

Added by Acts 2019, 86th Leg., R.S., Ch. 1127 (H.B. 2586), Sec. 2, eff. September 1, 2019.