79R4718 SLO-D

By:  Lindsay                                                      S.B. No. 843



A BILL TO BE ENTITLED

AN ACT

relating to the distribution of flyers at a public school by a 
nonprofit organization.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 33, Education Code, is 
amended by adding Section 33.906 to read as follows:
	Sec. 33.906.  DISTRIBUTION OF FLYERS BY NONPROFIT 
ORGANIZATION.  (a)  A school district shall, to the extent 
reasonable, accommodate an organization in distributing flyers at a 
district campus if the flyer complies with Subsection (b) and the 
district's superintendent or the superintendent's designee 
determines that:
		(1)  the organization qualifies for a tax exemption 
under Section 501(a), Internal Revenue Code of 1986, as an 
organization described by Section 501(c)(3) of that code; and
		(2)  the activities promoted in the flyer are 
acceptable and beneficial for the district's students.
	(b)  Each flyer must state that:                                        
		(1)  the activity promoted in the flyer is not a 
school-district-sponsored activity; and
		(2)  the district does not endorse the activity.                       
	(c)  An organization that is permitted to distribute flyers 
under this section shall provide a campus administrator with the 
flyers bound in groups of 25, unless the administrator specifies a 
different amount, so that the administrator may provide for 
distributing the flyers for the organization.
	SECTION 2.  This Act takes effect September 1, 2005.