86R10955 JG-F
By: Fallon S.B. No. 1569
A BILL TO BE ENTITLED
AN ACT
relating to the use of public money and resources by employees of an
independent school district to distribute a communication that
advocates for or against a political measure, candidate, or other
matter; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.169, Education Code, is amended to
read as follows:
Sec. 11.169. ELECTIONEERING PROHIBITED. Notwithstanding
any other law, the board of trustees or a member of the board of
trustees of an independent school district or an employee or
contractor of an independent school district may not use state or
local funds or other resources of the district to electioneer for or
against any candidate, measure, or political party or to advocate
for or against a political philosophy or matter of public interest.
SECTION 2. Section 251.001(16), Election Code, is amended
to read as follows:
(16) "Political advertising" means a communication
supporting or opposing a candidate for nomination or election to a
public office or office of a political party, a political party, a
public officer, or a measure that:
(A) in return for consideration, is published in
a newspaper, magazine, or other periodical or is broadcast by radio
or television; [or]
(B) appears:
(i) in a pamphlet, circular, flier,
billboard or other sign, bumper sticker, or similar form of written
communication; or
(ii) on an Internet website, including on
any social media platform, or in any electronic communication; or
(C) is directed to an individual person or
multiple persons through any form of communication.
SECTION 3. Section 255.003, Election Code, is amended by
adding Subsection (a-1) and amending Subsection (c) to read as
follows:
(a-1) An officer, employee, or contractor of an independent
school district may not spend or authorize the spending of public
funds or resources to distribute a communication in any form that
advocates for or against any candidate, measure, political party,
political philosophy, or matter of public interest. For purposes
of this subsection, the following conduct qualifies as the spending
of public funds or resources:
(1) the development or distribution, or arrangement
for the development or distribution, of a communication described
by this subsection that occurs during the working hours of an
officer, employee, or contractor or during any period of time in
which the officer, employee, or contractor is compensated by the
independent school district; or
(2) the provision of contact information by an
officer, employee, or contractor of an independent school district
to a political action committee or similar entity for the purpose of
distributing a communication described by this subsection.
(c) A person who violates Subsection (a), (a-1), or (b-1)
commits an offense. An offense under this section is a Class A
misdemeanor.
SECTION 4. Section 255.003(b), Election Code, is repealed.
SECTION 5. Section 255.003, Election Code, as amended by
this Act, applies to the use of public funds or resources that
occurs on or after the effective date of this Act. The use of public
funds or resources that occurs before the effective date of this Act
is governed by the law in effect before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.