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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 by a public school officer |
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or employee to engage in certain political activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 RESOURCES [FUNDS] FOR |
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POLITICAL ADVERTISING AND CERTAIN POLITICAL ACTIVITIES; PROHIBITED |
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USE OF CERTAIN IMAGES. |
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SECTION 2. Section 255.003, Election Code, is amended by |
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adding Subsections (a-1), (a-2), and (a-3) and amending Subsection |
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(c) to read as follows: |
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(a-1) An officer or employee of a school district or |
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open-enrollment charter school may not use or authorize the use of |
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public resources to distribute a communication in any form, |
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including an electronic communication, that directly or indirectly |
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advocates for or against a candidate, measure, or political party. |
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This subsection does not prevent an officer or employee of a school |
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district or open-enrollment charter school from distributing a |
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communication on: |
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(1) the date of an election; |
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(2) the location of the polling places for an |
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election; or |
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(3) the hours that the polls will be open for an |
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election. |
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(a-2) An officer or employee of a school district or |
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open-enrollment charter school may not use or authorize the use of |
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public resources to transport school district or open-enrollment |
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charter school employees or students to a political rally or |
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polling place to directly or indirectly advocate for or against a |
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candidate, measure, or political party. This subsection does not |
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prevent an officer or employee of a school district or |
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open-enrollment charter school from transporting school district |
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or open-enrollment charter school employees or students to a |
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polling place if the polling place visit is for educational |
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purposes only and the employees do not engage in any effort to |
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directly or indirectly advocate for or against a candidate, |
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measure, or political party. |
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(a-3) A person may not use images captured of a school |
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district or open-enrollment charter school employee or student |
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during a polling place visit in political advertising or a campaign |
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communication. |
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(c) A person who violates Subsection (a), (a-1), (a-2), |
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(a-3), or (b-1) commits an offense. An offense under this section |
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is a Class A misdemeanor. |
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SECTION 3. Section 255.003, Election Code, as amended by |
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this Act, applies only to the use of public funds or resources on or |
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after the effective date of this Act. The use of public funds or |
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resources before the effective date of this Act is governed by the |
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law in effect on the date the funds or resources were used, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |