BILL ANALYSIS
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Senate Research Center |
C.S.S.B. 2742 |
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89R23712 CJD-F |
By: Hagenbuch |
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State Affairs |
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4/15/2025 |
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Committee Report (Substituted) |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 2742 addresses concerns about electioneering and the misuse of public funds by officers or employees of political subdivisions, including independent school districts. The bill seeks to strengthen enforcement mechanisms and increase accountability for violations of existing electioneering and political advertising prohibitions using taxpayer resources.
Section 255.003 of the Election Code prohibits officers or employees of political subdivisions from using public resources for political advertising. Similarly, Section 11.169 of the Education Code bars school districts from using funds or resources for electioneering. However, under current enforcement mechanisms, penalties are limited, immunity doctrines often protect violators from civil accountability, and political subdivisions may indirectly shield individuals through indemnification.
S.B. 2742 strengthens current law by introducing civil penalties of $1,000 to $1,500 per violation and specifying that each day a violation remains publicly available constitutes a separate offense. It clarifies that such violations fall outside the discretionary duties of public officials, thereby waiving official immunity for individuals and governmental immunity for political subdivisions. The bill authorizes the Texas attorney general to file suit in Travis County or the county where the violation occurred to recover penalties, attorney's fees, court costs, and other reasonable expenses. It also prohibits political subdivisions from indemnifying employees or officers who are penalized under the bill.
By waiving immunity protections and increasing financial and legal consequences for violations, the bill enhances accountability and reinforces the nonpartisan nature of public governance. It ensures that taxpayer funds are not used to influence elections and that public officials are held personally responsible for misuse of resources.
S.B. 2742 strengthens existing laws prohibiting electioneering with public resources by creating meaningful civil penalties, waiving immunity defenses, and reinforcing the attorney general's enforcement authority. It aims to uphold the integrity of public institutions and ensure taxpayer resources are not misused for political purposes.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 2742 amends current law relating to the enforcement of electioneering prohibitions and the unlawful use of public funds for political advertising and imposes civil penalties.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 11.169, Education Code, as follows:
Sec. 11.169. ELECTIONEERING PROHIBITED. (a) Creates this subsection from existing text and makes no further changes.
(b) Provides that an independent school district that violates this section is liable to the state for a civil penalty in an amount not to exceed $1,000. Provides that each day a violation of this section continues constitutes a separate violation.
(c) Authorizes the attorney general to bring an action in Travis County or the county in which a violation of this section occurs to enforce this section.
(d) Provides that an independent school district's governmental immunity to suit and from liability is waived to the extent of liability created by this section.
SECTION 2. Amends Chapter 255, Election Code, by adding Section 255.0032, as follows:
Sec. 255.0032. ENFORCEMENT OF UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL ADVERTISING. (a) Provides that a person who violates Section 255.003 (Unlawful Use of Public Funds for Political Advertising) is liable to the state for a civil penalty in an amount of not less than $1,000 and not more than $1,500. Provides that each day a violation of that section continues constitutes a separate violation.
(b) Provides that, for purposes of Subsection (a), a violation continues if the person has not made a good faith effort to remove the political advertising that constitutes a violation of Section 255.003 from public access, as applicable.
(c) Authorizes the attorney general to bring an action in Travis County or the county in which the violation of Section 255.003 occurs to enforce this section.
(d) Prohibits an officer or employee of a political subdivision from asserting official immunity in an action brought under this section.
(e) Prohibits a political subdivision from indemnifying an officer or employee in an action brought under this section.
(f) Provides that this section does not limit or interfere with the attorney general's authority under Section 273.081 (Injunction).
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2025. �