86R12238 SOS-F
By: Geren H.B. No. 2406
A BILL TO BE ENTITLED
AN ACT
relating to political advertising by open-enrollment charter
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 255, Election Code, is amended by adding
Section 255.0011 to read as follows:
Sec. 255.0011. OPEN-ENROLLMENT CHARTER SCHOOLS. In this
chapter, "open-enrollment charter school" has the meaning assigned
by Section 5.001, Education Code.
SECTION 2. Sections 255.003(a), (b-1), (d), and (e),
Election Code, are amended to read as follows:
(a) An officer or employee of a political subdivision or
open-enrollment charter school may not knowingly spend or authorize
the spending of public funds for political advertising.
(b-1) An officer or employee of a political subdivision or
open-enrollment charter school may not spend or authorize the
spending of public funds for a communication describing a measure
if the communication contains information that:
(1) the officer or employee knows is false; and
(2) is sufficiently substantial and important as to be
reasonably likely to influence a voter to vote for or against the
measure.
(d) It is an affirmative defense to prosecution for an
offense under this section or the imposition of a civil penalty for
conduct under this section that an officer or employee of a
political subdivision or open-enrollment charter school reasonably
relied on a court order or an interpretation of this section in a
written opinion issued by:
(1) a court of record;
(2) the attorney general; or
(3) the commission.
(e) On written request of the governing body of a political
subdivision or open-enrollment charter school that has ordered an
election on a measure, the commission shall prepare an advance
written advisory opinion as to whether a particular communication
relating to the measure does or does not comply with this section.
SECTION 3. Sections 255.0031(a) and (b), Election Code, are
amended to read as follows:
(a) An officer or employee of a state agency, [or] political
subdivision, or open-enrollment charter school may not knowingly
use or authorize the use of an internal mail system for the
distribution of political advertising.
(b) Subsection (a) does not apply to:
(1) the use of an internal mail system to distribute
political advertising that is delivered to the premises of a state
agency, [or] political subdivision, or open-enrollment charter
school through the United States Postal Service; or
(2) the use of an internal mail system by a state
agency or municipality to distribute political advertising that is
the subject of or related to an investigation, hearing, or other
official proceeding of the agency or municipality.
SECTION 4. Section 255.0031(d)(1), Election Code, is
amended to read as follows:
(1) "Internal mail system" means a system operated by
a state agency, [or] political subdivision, or open-enrollment
charter school to deliver written documents to officers or
employees of the agency or subdivision.
SECTION 5. This Act takes effect September 1, 2019.