Texas 2019 - 86th Regular

Texas Senate Bill SB1569 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Fallon S.B. No. 1569
	2	+	(In the Senate - Filed March 5, 2019; March 14, 2019, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 9, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 2; April 9, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1569 By: Fallon
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the use of public money and resources by employees of an
7	14		independent school district to distribute a communication that
8	15		advocates for or opposes a political measure, candidate, or party;
9	16		creating a criminal offense.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Section 11.169, Education Code, is amended to
12	19		read as follows:
13	20		Sec. 11.169. ELECTIONEERING PROHIBITED. Notwithstanding
14	21		any other law, the board of trustees or a member of the board of
15	22		trustees of an independent school district or an employee or
16	23		contractor of an independent school district may not use state or
17	24		local funds or other resources of the district to electioneer for or
18	25		against any candidate, measure, or political party.
19		-	SECTION 2. Subchapter D, Chapter 12, Education Code, is
20		-	amended by adding Section 12.138 to read as follows:
21		-	Sec. 12.138. ELECTIONEERING PROHIBITED. Notwithstanding
22		-	any other law, the governing body or a member of the governing body
23		-	of an open-enrollment charter school or an employee or contractor
24		-	of an open-enrollment charter school may not use state or local
25		-	funds or other resources of the school to electioneer for or against
26		-	any candidate, measure, or political party.
27		-	SECTION 3. Section 251.001(16), Election Code, is amended
	26	+	SECTION 2. Section 251.001(16), Election Code, is amended
28	27		to read as follows:
29	28		(16) "Political advertising" means a communication
30	29		supporting or opposing a candidate for nomination or election to a
31	30		public office or office of a political party, a political party, a
32	31		public officer, or a measure that:
33	32		(A) in return for consideration, is published in
34	33		a newspaper, magazine, or other periodical or is broadcast by radio
35	34		or television; [or]
36	35		(B) appears:
37	36		(i) in a pamphlet, circular, flier,
38	37		billboard or other sign, bumper sticker, or similar form of written
39	38		communication; or
40	39		(ii) on an Internet website, including on
41	40		any social media platform, or in any electronic communication; or
42	41		(C) is directed to an individual person or
43	42		multiple persons through any form of communication.
44		-	SECTION 4. The heading to Section 255.003, Election Code,
45		-	is amended to read as follows:
46		-	Sec. 255.003. UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL
47		-	ADVERTISING AND CERTAIN POLITICAL ACTIVITIES.
48		-	SECTION 5. Section 255.003, Election Code, is amended by
	43	+	SECTION 3. Section 255.003, Election Code, is amended by
49	44		adding Subsections (a-1) and (a-2) and amending Subsection (c) to
50	45		read as follows:
51	46		(a-1) An officer, employee, or contractor of an independent
52		-	school district or open-enrollment charter school may not use or
53		-	authorize the use of public funds or resources to:
54		-	(1) distribute a communication in any form advocating
55		-	for or opposing any candidate, measure, or political party; or
56		-	(2) facilitate any activity by a student or other
57		-	person for advocacy communications to an elected officer or
58		-	employee of an elected officer for or against a matter for which the
59		-	officer may vote or take an official action.
	47	+	school district may not use or authorize the use of public funds or
	48	+	resources to distribute a communication in any form that advocates
	49	+	for or opposes any political candidate, measure, or party.
60	50		(a-2) For purposes of Subsection (a-1):
61	51		(1) the following qualifies as the use of public funds
62	52		or resources:
63	53		(A) the development or distribution, or
64	54		arrangement for the development or distribution, of a communication
65		-	described by Subsection (a-1)(1) that occurs during the working
66		-	hours of an officer, employee, or contractor or during any period of
67		-	time in which the officer, employee, or contractor is compensated
68		-	by the independent school district or open-enrollment charter
69		-	school; or
	55	+	described by Subsection (a-1) that occurs during the working hours
	56	+	of an officer, employee, or contractor or during any period of time
	57	+	in which the officer, employee, or contractor is compensated by the
	58	+	independent school district; or
70	59		(B) the provision of contact information by an
71		-	officer, employee, or contractor of an independent school district
72		-	or open-enrollment charter school to a political action committee
73		-	or similar entity for the purpose of distributing a communication
74		-	described by Subsection (a-1)(1); and
	60	+	officer, employee, or contractor to a political action committee or
	61	+	similar entity for the purpose of distributing a communication
	62	+	described by Subsection (a-1); and
75	63		(2) the use of a personal electronic device on school
76		-	district or open-enrollment charter school property by an officer,
77		-	employee, or contractor to access the Internet during the
78		-	officer's, employee's, or contractor's personal time for the
79		-	purpose of developing or distributing, or arranging for the
80		-	development or distribution of, a communication described by
81		-	Subsection (a-1)(1) does not qualify as the use of public funds or
82		-	resources.
	64	+	district property by an officer, employee, or contractor to access
	65	+	the Internet during the officer's, employee's, or contractor's
	66	+	personal time for the purpose of developing or distributing, or
	67	+	arranging for the development or distribution of, a communication
	68	+	described by Subsection (a-1) does not qualify as the use of public
	69	+	funds or resources.
83	70		(c) A person who violates Subsection (a), (a-1), or (b-1)
84	71		commits an offense. An offense under this section is a Class A
85	72		misdemeanor.
86		-	SECTION 6. Section 255.003, Election Code, is amended by
87		-	adding Subsection (a-3) to read as follows:
88		-	(a-3) A person's presence on school district property
89		-	outside of work hours while engaged in activities described by this
90		-	section or Section 11.169, Education Code, does not constitute the
91		-	expenditure of public funds for the purpose of this section or
92		-	Section 11.169, Education Code.
93		-	SECTION 7. Section 255.003, Election Code, as amended by
	73	+	SECTION 4. Section 255.003(b), Election Code, is repealed.
	74	+	SECTION 5. Section 255.003, Election Code, as amended by
94	75		this Act, applies to the use of public funds or resources that
95	76		occurs on or after the effective date of this Act. The use of public
96	77		funds or resources that occurs before the effective date of this Act
97	78		is governed by the law in effect before the effective date of this
98	79		Act, and that law is continued in effect for that purpose.
99		-	SECTION 8. This Act takes effect immediately if it receives
	80	+	SECTION 6. This Act takes effect immediately if it receives
100	81		a vote of two-thirds of all the members elected to each house, as
101	82		provided by Section 39, Article III, Texas Constitution. If this
102	83		Act does not receive the vote necessary for immediate effect, this
103	84		Act takes effect September 1, 2019.
	85	+	* * * * *