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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of public resources to make communications that |
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contain political messages; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.168, Education Code, as added by |
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Chapter 1109, Acts of the 79th Legislature, Regular Session, 2005, |
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is redesignated as Section 11.169, Education Code, and amended to |
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read as follows: |
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Sec. 11.169 [11.168]. ELECTIONEERING PROHIBITED. |
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Notwithstanding any other law, a member of the board of trustees or |
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an employee of an independent school district may not use state or |
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local funds or other resources or facilities of the district, |
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including time for which the person is being compensated by the |
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district, to electioneer for or against any candidate, measure, or |
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political party. |
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SECTION 2. The heading to Section 255.003, Election Code, |
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is amended to read as follows: |
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Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS, RESOURCES, OR |
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FACILITIES FOR POLITICAL COMMUNICATION [ADVERTISING]. |
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SECTION 3. Sections 255.003(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) An officer or employee of a political subdivision may |
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not spend, use, or authorize the spending or use of public funds, |
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resources, or facilities, including an electronic mail system, for |
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political advertising or another communication in any form |
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supporting or opposing a measure, an officeholder, a candidate for |
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nomination or election to a public office or an office of a |
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political party, or a political party. |
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(b) This section does not apply to a communication that |
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factually describes the purposes of a measure if the communication |
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does not subjectively portray the measure or advocate passage or |
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defeat of the measure. |
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SECTION 4. The heading to Section 255.0031, Election Code, |
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is amended to read as follows: |
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Sec. 255.0031. UNLAWFUL USE OF INTERNAL MAIL OR ELECTRONIC |
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MAIL SYSTEM FOR POLITICAL COMMUNICATION [ADVERTISING]. |
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SECTION 5. Sections 255.0031(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) An officer or employee of a state agency or political |
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subdivision may not knowingly use or authorize the use of an |
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internal mail system or electronic mail system for the distribution |
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of political advertising or another communication in any form |
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supporting or opposing a measure, an officeholder, a candidate for |
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nomination or election to a public office or an office of a |
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political party, or a political party. |
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(b) Subsection (a) does not apply to: |
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(1) the use of an internal mail system to distribute |
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the original incoming copy of political advertising that is |
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delivered to the premises of a state agency or political |
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subdivision through the United States Postal Service; or |
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(2) the use of an internal mail system or electronic |
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mail system by a state agency or municipality to distribute |
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political advertising that is the subject of or related to an |
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investigation, hearing, or other official proceeding of the agency |
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or municipality. |
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SECTION 6. Section 556.006(a), Government Code, is amended |
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to read as follows: |
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(a) A state agency may not use appropriated money or public |
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resources or facilities to attempt to influence the passage or |
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defeat of a legislative measure. |
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SECTION 7. This Act takes effect September 1, 2007. |