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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 money and resources by employees of an |
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independent school district to distribute a communication that |
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advocates for or opposes a political measure, candidate, or party; |
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creating a criminal offense. |
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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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Sec. 11.169. ELECTIONEERING PROHIBITED. Notwithstanding |
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any other law, the board of trustees or a member of the board of |
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trustees of an independent school district or an employee or |
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contractor of an independent school district may not use state or |
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local funds or other resources of the district to electioneer for or |
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against any candidate, measure, or political party. |
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SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.138 to read as follows: |
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Sec. 12.138. ELECTIONEERING PROHIBITED. Notwithstanding |
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any other law, the governing body or a member of the governing body |
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of an open-enrollment charter school or an employee or contractor |
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of an open-enrollment charter school may not use state or local |
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funds or other resources of the school to electioneer for or against |
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any candidate, measure, or political party. |
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SECTION 3. Section 251.001(16), Election Code, is amended |
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to read as follows: |
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(16) "Political advertising" means a communication |
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supporting or opposing a candidate for nomination or election to a |
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public office or office of a political party, a political party, a |
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public officer, or a measure that: |
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(A) in return for consideration, is published in |
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a newspaper, magazine, or other periodical or is broadcast by radio |
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or television; [or] |
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(B) appears: |
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(i) in a pamphlet, circular, flier, |
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billboard or other sign, bumper sticker, or similar form of written |
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communication; or |
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(ii) on an Internet website, including on |
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any social media platform, or in any electronic communication; or |
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(C) is directed to an individual person or |
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multiple persons through any form of communication. |
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SECTION 4. 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 FOR POLITICAL |
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ADVERTISING AND CERTAIN POLITICAL ACTIVITIES. |
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SECTION 5. Section 255.003, Election Code, is amended by |
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adding Subsections (a-1) and (a-2) and amending Subsection (c) to |
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read as follows: |
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(a-1) An officer, employee, or contractor of an independent |
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school district or open-enrollment charter school may not use or |
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authorize the use of public funds or resources to: |
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(1) distribute a communication in any form advocating |
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for or opposing any candidate, measure, or political party; or |
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(2) facilitate any activity by a student or other |
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person for advocacy communications to an elected officer or |
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employee of an elected officer for or against a matter for which the |
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officer may vote or take an official action. |
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(a-2) For purposes of Subsection (a-1): |
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(1) the following qualifies as the use of public funds |
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or resources: |
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(A) the development or distribution, or |
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arrangement for the development or distribution, of a communication |
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described by Subsection (a-1)(1) that occurs during the working |
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hours of an officer, employee, or contractor or during any period of |
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time in which the officer, employee, or contractor is compensated |
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by the independent school district or open-enrollment charter |
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school; or |
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(B) the provision of contact information by an |
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officer, employee, or contractor of an independent school district |
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or open-enrollment charter school to a political action committee |
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or similar entity for the purpose of distributing a communication |
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described by Subsection (a-1)(1); and |
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(2) the use of a personal electronic device on school |
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district or open-enrollment charter school property by an officer, |
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employee, or contractor to access the Internet during the |
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officer's, employee's, or contractor's personal time for the |
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purpose of developing or distributing, or arranging for the |
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development or distribution of, a communication described by |
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Subsection (a-1)(1) does not qualify as the use of public funds or |
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resources. |
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(c) A person who violates Subsection (a), (a-1), or (b-1) |
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commits an offense. An offense under this section is a Class A |
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misdemeanor. |
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SECTION 6. Section 255.003, Election Code, is amended by |
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adding Subsection (a-3) to read as follows: |
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(a-3) A person's presence on school district property |
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outside of work hours while engaged in activities described by this |
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section or Section 11.169, Education Code, does not constitute the |
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expenditure of public funds for the purpose of this section or |
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Section 11.169, Education Code. |
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SECTION 7. Section 255.003, Election Code, as amended by |
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this Act, applies to the use of public funds or resources that |
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occurs on or after the effective date of this Act. The use of public |
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funds or resources that occurs before the effective date of this Act |
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is governed by the law in effect before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |