| 1 | 1 | | 86R12238 SOS-F |
|---|
| 2 | 2 | | By: Geren H.B. No. 2406 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to political advertising by open-enrollment charter |
|---|
| 8 | 8 | | schools. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 255, Election Code, is amended by adding |
|---|
| 11 | 11 | | Section 255.0011 to read as follows: |
|---|
| 12 | 12 | | Sec. 255.0011. OPEN-ENROLLMENT CHARTER SCHOOLS. In this |
|---|
| 13 | 13 | | chapter, "open-enrollment charter school" has the meaning assigned |
|---|
| 14 | 14 | | by Section 5.001, Education Code. |
|---|
| 15 | 15 | | SECTION 2. Sections 255.003(a), (b-1), (d), and (e), |
|---|
| 16 | 16 | | Election Code, are amended to read as follows: |
|---|
| 17 | 17 | | (a) An officer or employee of a political subdivision or |
|---|
| 18 | 18 | | open-enrollment charter school may not knowingly spend or authorize |
|---|
| 19 | 19 | | the spending of public funds for political advertising. |
|---|
| 20 | 20 | | (b-1) An officer or employee of a political subdivision or |
|---|
| 21 | 21 | | open-enrollment charter school may not spend or authorize the |
|---|
| 22 | 22 | | spending of public funds for a communication describing a measure |
|---|
| 23 | 23 | | if the communication contains information that: |
|---|
| 24 | 24 | | (1) the officer or employee knows is false; and |
|---|
| 25 | 25 | | (2) is sufficiently substantial and important as to be |
|---|
| 26 | 26 | | reasonably likely to influence a voter to vote for or against the |
|---|
| 27 | 27 | | measure. |
|---|
| 28 | 28 | | (d) It is an affirmative defense to prosecution for an |
|---|
| 29 | 29 | | offense under this section or the imposition of a civil penalty for |
|---|
| 30 | 30 | | conduct under this section that an officer or employee of a |
|---|
| 31 | 31 | | political subdivision or open-enrollment charter school reasonably |
|---|
| 32 | 32 | | relied on a court order or an interpretation of this section in a |
|---|
| 33 | 33 | | written opinion issued by: |
|---|
| 34 | 34 | | (1) a court of record; |
|---|
| 35 | 35 | | (2) the attorney general; or |
|---|
| 36 | 36 | | (3) the commission. |
|---|
| 37 | 37 | | (e) On written request of the governing body of a political |
|---|
| 38 | 38 | | subdivision or open-enrollment charter school that has ordered an |
|---|
| 39 | 39 | | election on a measure, the commission shall prepare an advance |
|---|
| 40 | 40 | | written advisory opinion as to whether a particular communication |
|---|
| 41 | 41 | | relating to the measure does or does not comply with this section. |
|---|
| 42 | 42 | | SECTION 3. Sections 255.0031(a) and (b), Election Code, are |
|---|
| 43 | 43 | | amended to read as follows: |
|---|
| 44 | 44 | | (a) An officer or employee of a state agency, [or] political |
|---|
| 45 | 45 | | subdivision, or open-enrollment charter school may not knowingly |
|---|
| 46 | 46 | | use or authorize the use of an internal mail system for the |
|---|
| 47 | 47 | | distribution of political advertising. |
|---|
| 48 | 48 | | (b) Subsection (a) does not apply to: |
|---|
| 49 | 49 | | (1) the use of an internal mail system to distribute |
|---|
| 50 | 50 | | political advertising that is delivered to the premises of a state |
|---|
| 51 | 51 | | agency, [or] political subdivision, or open-enrollment charter |
|---|
| 52 | 52 | | school through the United States Postal Service; or |
|---|
| 53 | 53 | | (2) the use of an internal mail system by a state |
|---|
| 54 | 54 | | agency or municipality to distribute political advertising that is |
|---|
| 55 | 55 | | the subject of or related to an investigation, hearing, or other |
|---|
| 56 | 56 | | official proceeding of the agency or municipality. |
|---|
| 57 | 57 | | SECTION 4. Section 255.0031(d)(1), Election Code, is |
|---|
| 58 | 58 | | amended to read as follows: |
|---|
| 59 | 59 | | (1) "Internal mail system" means a system operated by |
|---|
| 60 | 60 | | a state agency, [or] political subdivision, or open-enrollment |
|---|
| 61 | 61 | | charter school to deliver written documents to officers or |
|---|
| 62 | 62 | | employees of the agency or subdivision. |
|---|
| 63 | 63 | | SECTION 5. This Act takes effect September 1, 2019. |
|---|