|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to political advertising by open-enrollment charter |
|
schools. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 255, Election Code, is amended by adding |
|
Section 255.0011 to read as follows: |
|
Sec. 255.0011. OPEN-ENROLLMENT CHARTER SCHOOLS. In this |
|
chapter, "open-enrollment charter school" has the meaning assigned |
|
by Section 5.001, Education Code. |
|
SECTION 2. Sections 255.003(a), (b-1), (d), and (e), |
|
Election Code, are amended to read as follows: |
|
(a) An officer or employee of a political subdivision or |
|
open-enrollment charter school may not knowingly spend or authorize |
|
the spending of public funds for political advertising. |
|
(b-1) An officer or employee of a political subdivision or |
|
open-enrollment charter school may not spend or authorize the |
|
spending of public funds for a communication describing a measure |
|
if the communication contains information that: |
|
(1) the officer or employee knows is false; and |
|
(2) is sufficiently substantial and important as to be |
|
reasonably likely to influence a voter to vote for or against the |
|
measure. |
|
(d) It is an affirmative defense to prosecution for an |
|
offense under this section or the imposition of a civil penalty for |
|
conduct under this section that an officer or employee of a |
|
political subdivision or open-enrollment charter school reasonably |
|
relied on a court order or an interpretation of this section in a |
|
written opinion issued by: |
|
(1) a court of record; |
|
(2) the attorney general; or |
|
(3) the commission. |
|
(e) On written request of the governing body of a political |
|
subdivision or open-enrollment charter school that has ordered an |
|
election on a measure, the commission shall prepare an advance |
|
written advisory opinion as to whether a particular communication |
|
relating to the measure does or does not comply with this section. |
|
SECTION 3. Sections 255.0031(a) and (b), Election Code, are |
|
amended to read as follows: |
|
(a) An officer or employee of a state agency, [or] political |
|
subdivision, or open-enrollment charter school may not knowingly |
|
use or authorize the use of an internal mail system for the |
|
distribution of political advertising. |
|
(b) Subsection (a) does not apply to: |
|
(1) the use of an internal mail system to distribute |
|
political advertising that is delivered to the premises of a state |
|
agency, [or] political subdivision, or open-enrollment charter |
|
school through the United States Postal Service; or |
|
(2) the use of an internal mail system by a state |
|
agency or municipality to distribute political advertising that is |
|
the subject of or related to an investigation, hearing, or other |
|
official proceeding of the agency or municipality. |
|
SECTION 4. Section 255.0031(d)(1), Election Code, is |
|
amended to read as follows: |
|
(1) "Internal mail system" means a system operated by |
|
a state agency, [or] political subdivision, or open-enrollment |
|
charter school to deliver written documents to officers or |
|
employees of the agency or subdivision. |
|
SECTION 5. This Act takes effect September 1, 2019. |