| 1 | 1 | | 89R7742 MZM-D |
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| 2 | 2 | | By: Hickland H.B. No. 1981 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the use of public resources by a public school officer |
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| 10 | 10 | | or employee to engage in certain political activities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 255.003, Election Code, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | Sec. 255.003. UNLAWFUL USE OF PUBLIC RESOURCES [FUNDS] FOR |
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| 15 | 15 | | POLITICAL ADVERTISING AND CERTAIN POLITICAL ACTIVITIES; PROHIBITED |
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| 16 | 16 | | USE OF CERTAIN IMAGES. |
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| 17 | 17 | | SECTION 2. Section 255.003, Election Code, is amended by |
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| 18 | 18 | | adding Subsections (a-1), (a-2), and (a-3) and amending Subsection |
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| 19 | 19 | | (c) to read as follows: |
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| 20 | 20 | | (a-1) An officer or employee of a school district or |
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| 21 | 21 | | open-enrollment charter school may not use or authorize the use of |
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| 22 | 22 | | public resources to distribute a communication in any form, |
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| 23 | 23 | | including an electronic communication, that directly or indirectly |
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| 24 | 24 | | advocates for or against a candidate, measure, or political party. |
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| 25 | 25 | | This subsection does not prevent an officer or employee of a school |
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| 26 | 26 | | district or open-enrollment charter school from distributing a |
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| 27 | 27 | | communication on: |
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| 28 | 28 | | (1) the date of an election; |
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| 29 | 29 | | (2) the location of the polling places for an |
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| 30 | 30 | | election; or |
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| 31 | 31 | | (3) the hours that the polls will be open for an |
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| 32 | 32 | | election. |
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| 33 | 33 | | (a-2) An officer or employee of a school district or |
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| 34 | 34 | | open-enrollment charter school may not use or authorize the use of |
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| 35 | 35 | | public resources to transport school district or open-enrollment |
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| 36 | 36 | | charter school employees or students to a political rally or |
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| 37 | 37 | | polling place to directly or indirectly advocate for or against a |
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| 38 | 38 | | candidate, measure, or political party. This subsection does not |
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| 39 | 39 | | prevent an officer or employee of a school district or |
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| 40 | 40 | | open-enrollment charter school from transporting school district |
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| 41 | 41 | | or open-enrollment charter school employees or students to a |
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| 42 | 42 | | polling place if the polling place visit is for educational |
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| 43 | 43 | | purposes only and the employees do not engage in any effort to |
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| 44 | 44 | | directly or indirectly advocate for or against a candidate, |
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| 45 | 45 | | measure, or political party. |
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| 46 | 46 | | (a-3) A person may not use images captured of a school |
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| 47 | 47 | | district or open-enrollment charter school employee or student |
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| 48 | 48 | | during a polling place visit in political advertising or a campaign |
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| 49 | 49 | | communication. |
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| 50 | 50 | | (c) A person who violates Subsection (a), (a-1), (a-2), |
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| 51 | 51 | | (a-3), or (b-1) commits an offense. An offense under this section |
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| 52 | 52 | | is a Class A misdemeanor. |
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| 53 | 53 | | SECTION 3. Section 255.003, Election Code, as amended by |
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| 54 | 54 | | this Act, applies only to the use of public funds or resources on or |
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| 55 | 55 | | after the effective date of this Act. The use of public funds or |
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| 56 | 56 | | resources before the effective date of this Act is governed by the |
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| 57 | 57 | | law in effect on the date the funds or resources were used, and that |
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| 58 | 58 | | law is continued in effect for that purpose. |
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| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2025. |
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