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 opposes a political measure, candidate, or party;
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.
SECTION 2. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.138 to read as follows:
Sec. 12.138. ELECTIONEERING PROHIBITED. Notwithstanding
any other law, the governing body or a member of the governing body
of an open-enrollment charter school or an employee or contractor
of an open-enrollment charter school may not use state or local
funds or other resources of the school to electioneer for or against
any candidate, measure, or political party.
SECTION 3. 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 4. The heading to Section 255.003, Election Code,
is amended to read as follows:
Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL
ADVERTISING AND CERTAIN POLITICAL ACTIVITIES.
SECTION 5. Section 255.003, Election Code, is amended by
adding Subsections (a-1) and (a-2) and amending Subsection (c) to
read as follows:
(a-1) An officer, employee, or contractor of an independent
school district or open-enrollment charter school may not use or
authorize the use of public funds or resources to:
(1) distribute a communication in any form advocating
for or opposing any candidate, measure, or political party; or
(2) facilitate any activity by a student or other
person for advocacy communications to an elected officer or
employee of an elected officer for or against a matter for which the
officer may vote or take an official action.
(a-2) For purposes of Subsection (a-1):
(1) the following qualifies as the use of public funds
or resources:
(A) the development or distribution, or
arrangement for the development or distribution, of a communication
described by Subsection (a-1)(1) 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 open-enrollment charter
school; or
(B) the provision of contact information by an
officer, employee, or contractor of an independent school district
or open-enrollment charter school to a political action committee
or similar entity for the purpose of distributing a communication
described by Subsection (a-1)(1); and
(2) the use of a personal electronic device on school
district or open-enrollment charter school property by an officer,
employee, or contractor to access the Internet during the
officer's, employee's, or contractor's personal time for the
purpose of developing or distributing, or arranging for the
development or distribution of, a communication described by
Subsection (a-1)(1) does not qualify as the use of public funds or
resources.
(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 6. Section 255.003, Election Code, is amended by
adding Subsection (a-3) to read as follows:
(a-3) A person's presence on school district property
outside of work hours while engaged in activities described by this
section or Section 11.169, Education Code, does not constitute the
expenditure of public funds for the purpose of this section or
Section 11.169, Education Code.
SECTION 7. 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 8. 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.