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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of electioneering prohibitions and the |
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unlawful use of public funds for political advertising; imposing |
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civil penalties. |
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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) |
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Notwithstanding any other law, the board of trustees of an |
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independent school district may not use state or local funds or |
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other resources of the district to electioneer for or against any |
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candidate, measure, or political party. |
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(b) An independent school district that violates this |
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section is liable to the state for a civil penalty in an amount not |
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to exceed $1,000. Each day a violation of this section continues |
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constitutes a separate violation. |
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(c) The attorney general may bring an action in Travis |
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County or the county in which a violation of this section occurs to |
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enforce this section. |
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(d) An independent school district's governmental immunity |
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to suit and from liability is waived to the extent of liability |
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created by this section. |
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SECTION 2. Chapter 255, Election Code, is amended by adding |
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Section 255.0032 to read as follows: |
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Sec. 255.0032. ENFORCEMENT OF UNLAWFUL USE OF PUBLIC FUNDS |
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FOR POLITICAL ADVERTISING. (a) A person who violates Section |
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255.003 is liable to the state for a civil penalty in an amount of |
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not less than $1,000 and not more than $1,500. Each day a violation |
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of that section continues constitutes a separate violation. |
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(b) For purposes of Subsection (a), a violation continues if |
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the person has not made a good faith effort to remove the political |
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advertising that constitutes a violation of Section 255.003 from |
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public access, as applicable. |
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(c) The attorney general may bring an action in Travis |
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County or the county in which the violation of Section 255.003 |
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occurs to enforce this section. |
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(d) An officer or employee of a political subdivision may |
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not assert official immunity in an action brought under this |
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section. |
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(e) A political subdivision may not indemnify an officer or |
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employee in an action brought under this section. |
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(f) This section does not limit or interfere with the |
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attorney general's authority under Section 273.081. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation that occurs on or after the effective date of this Act. |
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A violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |