89R7742 MZM-D
By: Hickland H.B. No. 1981
A BILL TO BE ENTITLED
AN ACT
relating to the use of public resources by a public school officer
or employee to engage in certain political activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 255.003, Election Code,
is amended to read as follows:
Sec. 255.003. UNLAWFUL USE OF PUBLIC RESOURCES [FUNDS] FOR
POLITICAL ADVERTISING AND CERTAIN POLITICAL ACTIVITIES; PROHIBITED
USE OF CERTAIN IMAGES.
SECTION 2. Section 255.003, Election Code, is amended by
adding Subsections (a-1), (a-2), and (a-3) and amending Subsection
(c) to read as follows:
(a-1) An officer or employee of a school district or
open-enrollment charter school may not use or authorize the use of
public resources to distribute a communication in any form,
including an electronic communication, that directly or indirectly
advocates for or against a candidate, measure, or political party.
This subsection does not prevent an officer or employee of a school
district or open-enrollment charter school from distributing a
communication on:
(1) the date of an election;
(2) the location of the polling places for an
election; or
(3) the hours that the polls will be open for an
election.
(a-2) An officer or employee of a school district or
open-enrollment charter school may not use or authorize the use of
public resources to transport school district or open-enrollment
charter school employees or students to a political rally or
polling place to directly or indirectly advocate for or against a
candidate, measure, or political party. This subsection does not
prevent an officer or employee of a school district or
open-enrollment charter school from transporting school district
or open-enrollment charter school employees or students to a
polling place if the polling place visit is for educational
purposes only and the employees do not engage in any effort to
directly or indirectly advocate for or against a candidate,
measure, or political party.
(a-3) A person may not use images captured of a school
district or open-enrollment charter school employee or student
during a polling place visit in political advertising or a campaign
communication.
(c) A person who violates Subsection (a), (a-1), (a-2),
(a-3), or (b-1) commits an offense. An offense under this section
is a Class A misdemeanor.
SECTION 3. Section 255.003, Election Code, as amended by
this Act, applies only to the use of public funds or resources on or
after the effective date of this Act. The use of public funds or
resources before the effective date of this Act is governed by the
law in effect on the date the funds or resources were used, and that
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.