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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting electioneering and the unlawful use of |
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public funds for political advertising, authorizing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.169, Education Code, is amended to |
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read as follows: |
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(a) Notwithstanding any other law, the board of trustees of |
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an independent school district may not use state or local funds or |
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other resources of the district to electioneer for or against any |
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candidate, measure, or political party. |
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(b) Any act that violates this section is not within the |
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discretionary duty of any officer or employee of a political |
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subdivision. Official immunity of any official or employee of |
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political subdivision of this state is waived and abolished to the |
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extent of liability created by this section. |
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(c) A violation of this section is punishable by a civil |
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penalty in an amount not to exceed $1,000 for each violation of this |
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section. Each day a violation continues is a separate violation. |
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The attorney general may file suit in Travis County or the county |
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where the violation(s) occurred to collect the penalty. |
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(d) The attorney general may recover reasonable attorney's |
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fees, court costs and other reasonable expenses incurred in |
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investigating and bringing an action under this section. |
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(e) Authority for the attorney general to seek civil |
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penalties under this section does not limit or interfere with the |
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attorney general's authority to seek injunctive relief authorized |
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by Section 273.081, Election Code. |
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(f) Sovereign immunity of a political subdivision of this |
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state and governmental immunity of a county and municipality to |
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suit is waived and abolished to the extent of liability created by |
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this section. |
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SECTION 2. Section 255.003, Election Code, is amended by |
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adding Subsections (g), (h), (i), (j), (k), (l), and (m) to read as |
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follows: |
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(g) An officer or employee of a political subdivision who |
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violates this section is liable to the state for a civil penalty in |
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an amount not less than $1,000 and not more than $1,500 for each |
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violation. |
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(h) Each day a violation continues to be publicly available |
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is a separate violation. The attorney general may file suit in |
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Travis County or the county where the violation(s) occurred to |
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collect the penalty. |
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(i) Any act that violates this section is not within the |
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discretionary duty of any officer or employee of a political |
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subdivision. Official immunity of any official or employee of |
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political subdivision of this state is waived and abolished to the |
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extent of liability created by this section. |
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(j) The attorney general may recover reasonable attorney's |
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fees, court costs and other reasonable expenses incurred in |
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investigating and bringing an action under this section. |
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(k) A political subdivision may not indemnify an officer or |
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employee who must pay a civil penalty. |
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(l) Sovereign immunity of a political subdivision of this |
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state and governmental immunity of a county and municipality to |
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suit is waived and abolished to the extent of liability created by |
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this section. |
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(m) The authority for the attorney general to seek civil |
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penalties under this section does not limit or interfere with the |
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attorney general's authority to seek injunctive relief authorized |
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by Section 273.081, Elections Code. |
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SECTION 3. This Act takes effect September 1, 2025. |