Texas House Bill HB2826

Texas 2025 - 89th Regular

• Filed: 2/13/25

Caption

Relating to the regulation of certain political communications, a prohibition on electioneering by school district and open-enrollment charter school officials and employees, and actions and other proceedings by a public school challenging the operations of the public school system; authorizing an administrative penalty; creating a criminal offense.

Impact

If passed, HB2826 will significantly change how school officials and educators can engage with the electoral process, limiting their capacity to express support or opposition to political candidates while on duty or utilizing public resources. The bill will amend multiple sections of the Education Code, particularly regarding the roles and responsibilities of school district trustees and charter school governing bodies in relation to political activities, imposing a three-year ineligibility for individuals found violating the provisions of the bill.

Summary

House Bill 2826 aims to regulate political communications by prohibiting electioneering activities among school district officials and employees of open-enrollment charter schools. The bill specifically targets the use of public resources to engage in or support political advocacy, thereby ensuring that public funds are not used in a manner that could impact electoral processes or elections. It introduces clear definitions of electioneering and penalties for violations, creating a framework for accountability.

Contention

The bill has generated concerns regarding freedom of speech, especially from educators and school employees who argue that it may stifle their ability to participate in democratic processes as citizens. Critics believe that it could deter necessary discourse on educational policies and concerns related to the stakeholders involved. Additionally, the enforcement mechanisms outlined in the bill raise questions about the subjective nature of what constitutes electioneering and the potential for misuse in political contexts.

Texas Constitutional Statutes Affected

Education Code

• Chapter 1. General Provisions
  • Section: New Section

• Chapter 44. Fiscal Management
  • Section: New Section

• Chapter 45. School District Funds
  • Section: New Section

• Chapter 11. School Districts
  • Section: New Section

• Chapter 12. Charters
  • Section: 120

• Chapter 22. School District Employees And Volunteers
  • Section: New Section

• Chapter 39. Public School System Accountability
  • Section: New Section

Election Code

• Chapter 255. Regulating Political Advertising And Campaign Communications
  • Section: New Section
  • Section: 0031

Government Code

• Chapter 572. Personal Financial Disclosure, Standards Of Conduct, And Conflict Of Interest
  • Section: New Section