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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting election activities committed by a member |
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of the board of trustees or superintendent of an independent school |
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district or on certain school district premises; creating criminal |
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offenses. |
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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. (a) In this |
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section, "electioneer" means to engage in an act intended to |
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support or oppose a specific candidate, measure, or political |
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party. |
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(b) Notwithstanding any other law, a member of the board of |
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trustees of an independent school district commits an offense if |
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the member uses [may not use] state or local funds or other |
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resources of the district, including a district e-mail address, |
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district telephone, mailing list maintained by the district, or |
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meeting organized by or held on the premises of the district, to |
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electioneer [for or against any candidate, measure, or political |
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party]. |
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(c) It is an exception to the application of this section |
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that the member of the board of trustees: |
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(1) used a district facility to host a forum for |
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political candidates or to hold a political party convention; |
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(2) used the facility as described by Subdivision (1) |
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at a time that was not during the period between the first day of |
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early voting and the date of the election, if the facility was used |
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as an early voting or election day polling place; and |
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(3) allowed equally all candidates for the same office |
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or all political parties, as applicable, the opportunity to use the |
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facility as described by Subdivision (1). |
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(d) An offense under this section is a Class A misdemeanor. |
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SECTION 2. Section 11.201, Education Code, is amended by |
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adding Subsections (f), (g), (h), and (i) to read as follows: |
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(f) Notwithstanding any other law, the superintendent of a |
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school district commits an offense if the superintendent uses state |
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or local funds or other resources of the district, including a |
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district e-mail address, district telephone, mailing list |
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maintained by the district, or meeting organized by or held on the |
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premises of the district, to electioneer. |
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(g) It is an exception to the application of this section |
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that the superintendent: |
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(1) used a district facility to host a forum for |
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political candidates or to hold a political party convention; |
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(2) used the facility as described by Subdivision (1) |
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at a time that was not during the period between the first day of |
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early voting and the date of the election, if the facility was used |
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as an early voting or election day polling place; and |
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(3) allowed equally all candidates for the same office |
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or all political parties, as applicable, the opportunity to use the |
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facility as described by Subdivision (1). |
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(h) An offense under Subsection (f) is a Class A |
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misdemeanor. |
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(i) In this section, "electioneer" has the meaning assigned |
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by Section 11.169. |
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SECTION 3. Chapter 276, Election Code, is amended by adding |
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Section 276.020 to read as follows: |
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Sec. 276.020. UNLAWFUL ELECTION ACTIVITY ON CERTAIN |
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INDEPENDENT SCHOOL DISTRICT CAMPUSES. (a) The chief administrator |
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of the campus of an independent school district commits an offense |
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if the administrator knowingly permits the posting of political |
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signs on the premises of the campus for longer than 48 hours during |
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any time other than: |
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(1) the early voting period, if the campus is being |
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used as an early voting polling place; or |
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(2) on election day, if the campus is being used as a |
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polling place. |
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(b) An offense under this section is a Class B misdemeanor. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |