Texas 2025 - 89th Regular

Texas House Bill HB2826 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9162 MZM-F
2	2	By: Cain H.B. No. 2826
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of certain political communications, a
10	10	prohibition on electioneering by school district and
11	11	open-enrollment charter school officials and employees, and
12	12	actions and other proceedings by a public school challenging the
13	13	operations of the public school system; authorizing an
14	14	administrative penalty; creating a criminal offense.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 11.061, Education Code, is amended by
17	17	adding Subsection (b-1) to read as follows:
18	18	(b-1) A person who the State Board for Educator
19	19	Certification or the commissioner has determined to have violated
20	20	Section 22B.003 may not serve as a member of the board of trustees
21	21	of a school district for the period beginning on the date on which
22	22	the determination was made and ending the day after the date on
23	23	which the first trustee election occurring at least three years
24	24	after the date on which the determination was made is held.
25	25	SECTION 2. Section 12.120, Education Code, is amended by
26	26	adding Subsection (c) to read as follows:
27	27	(c) A person who the State Board for Educator Certification
28	28	or the commissioner has determined to have violated Section 22B.003
29	29	may not serve as a member of the governing body of an
30	30	open-enrollment charter school for the three-year period after the
31	31	date on which the determination was made.
32	32	SECTION 3. Section 22.092, Education Code, is amended by
33	33	amending Subsection (c) and adding Subsection (c-1) to read as
34	34	follows:
35	35	(c) The registry maintained under this section must list the
36	36	following persons as not eligible to be employed by public schools:
37	37	(1) a person determined by the agency under Section
38	38	22.0832 as a person who would not be eligible for educator
39	39	certification under Subchapter B, Chapter 21;
40	40	(2) a person determined by the agency to be not
41	41	eligible for employment based on the person's criminal history
42	42	record information review, as provided by Section 22.0833;
43	43	(3) a person who is not eligible for employment based
44	44	on criminal history record information received by the agency under
45	45	Section 21.058(b);
46	46	(4) a person whose certification or permit issued
47	47	under Subchapter B, Chapter 21, is revoked by the State Board for
48	48	Educator Certification on a finding that the person engaged in
49	49	misconduct described by Section 21.006(b)(2)(A) or (A-1); [and]
50	50	(5) subject to Subsection (c-1), a person who is
51	51	determined by the State Board for Educator Certification to have
52	52	engaged in electioneering under Section 22B.003;
53	53	(6) a person who is determined by the commissioner
54	54	under Section 22.094 to have engaged in misconduct described by
55	55	Section 22.093(c)(1)(A) or (B); and
56	56	(7) subject to Subsection (c-1), a person who is
57	57	determined by the commissioner under Section 22B.005 or by another
58	58	governmental body to have engaged in electioneering under Section
59	59	22B.003.
60	60	(c-1) The agency shall remove a person included in the
61	61	registry under Subsection (c)(5) or (7) not later than:
62	62	(1) the third anniversary of the date on which the
63	63	person was included in the registry under the applicable
64	64	subdivision if the person was the superintendent or director of a
65	65	school district, district of innovation, open-enrollment charter
66	66	school, other charter entity, regional education service center, or
67	67	shared services arrangement at the time the person was included in
68	68	the registry; or
69	69	(2) the first anniversary of the date on which the
70	70	person was included in the registry under the applicable
71	71	subdivision if the person held a position other than a position
72	72	described by Subdivision (1) of this subsection at the time the
73	73	person was included in the registry.
74	74	SECTION 4. The heading to Subtitle D, Title 2, Education
75	75	Code, is amended to read as follows:
76	76	SUBTITLE D. EDUCATORS AND SCHOOL OFFICIALS, [DISTRICT] EMPLOYEES,
77	77	AND VOLUNTEERS
78	78	SECTION 5. Subtitle D, Title 2, Education Code, is amended
79	79	by adding Chapter 22B to read as follows:
80	80	CHAPTER 22B. ELECTIONEERING PROHIBITED
81	81	Sec. 22B.001. DEFINITIONS. In this chapter:
82	82	(1) "Electioneering" includes:
83	83	(A) posting, using, or distributing political
84	84	signs or literature;
85	85	(B) proposing, endorsing, or expressing support
86	86	for or opposition to a measure before a governmental body other than
87	87	a school district; and
88	88	(C) engaging in conduct prohibited by:
89	89	(i) Section 255.003 or 255.0031, Election
90	90	Code; or
91	91	(ii) Section 305.027 or 556.0055,
92	92	Government Code.
93	93	(2) "Measure" includes:
94	94	(A) a question or proposal submitted in an
95	95	election for an expression of the voters' will, including the
96	96	circulation and submission of a petition to determine whether a
97	97	question or proposal is required to be submitted in an election for
98	98	an expression of the voters' will;
99	99	(B) a bill, resolution, order, or other proposal
100	100	to adopt, enact, amend, or repeal a statute, ordinance, rule, or
101	101	policy of general application; and
102	102	(C) a proposal to adopt, enact, amend, or repeal,
103	103	or to grant a variance or other exception to, a zoning ordinance.
104	104	(3) "Other charter entity" has the meaning assigned by
105	105	Section 21.006.
106	106	Sec. 22B.002. APPLICABILITY. This chapter applies only to:
107	107	(1) the board of trustees or a member of the board of
108	108	trustees of a school district;
109	109	(2) the governing body or a member of the governing
110	110	body of an open-enrollment charter school;
111	111	(3) an educator; and
112	112	(4) a school district or open-enrollment charter
113	113	school employee, agent, or contractor.
114	114	Sec. 22B.003. ELECTIONEERING PROHIBITED. (a)
115	115	Notwithstanding any other law, a person to whom this chapter
116	116	applies may not use federal, state, or local money or other school
117	117	resources to engage in electioneering, or assist another person in
118	118	engaging in electioneering, for or against any candidate, measure,
119	119	or political party.
120	120	(b) Except as otherwise provided by law, a person to whom
121	121	this chapter applies may not use federal, state, or local money or
122	122	other school resources to encourage or discourage participation in
123	123	an election.
124	124	(c) The board of trustees of a school district and the
125	125	governing body of an open-enrollment charter school shall adopt
126	126	protocols and policies and take actions necessary to ensure
127	127	compliance with this section.
128	128	(d) The State Board for Educator Certification shall adopt
129	129	standards of conduct prohibiting an educator from engaging in
130	130	conduct that violates this section.
131	131	Sec. 22B.004. REQUIRED REPORT OF ALLEGED ELECTIONEERING;
132	132	PENALTIES. (a) The superintendent or director of a school
133	133	district, district of innovation, open-enrollment charter school,
134	134	other charter entity, regional education service center, or shared
135	135	services arrangement shall report an alleged violation of Section
136	136	22B.003, not later than the seventh day after the date the
137	137	superintendent or director becomes aware of the alleged violation,
138	138	to:
139	139	(1) the State Board for Educator Certification if the
140	140	alleged violation was committed by an educator; or
141	141	(2) the commissioner if the alleged violation was
142	142	committed by a person other than an educator.
143	143	(b) The report required by Subsection (a) must be:
144	144	(1) in writing; and
145	145	(2) in a form prescribed by:
146	146	(A) the State Board for Educator Certification if
147	147	an educator is the subject of the report; or
148	148	(B) the commissioner if a person other than an
149	149	educator is the subject of the report.
150	150	(c) The principal of a school district, district of
151	151	innovation, open-enrollment charter school, or other charter
152	152	entity shall report an alleged violation of Section 22B.003, not
153	153	later than the seventh day after the date the principal becomes
154	154	aware of the alleged violation, to the superintendent or director
155	155	of the district, school, or entity at which the principal is
156	156	employed.
157	157	(d) A person required to report an alleged violation of
158	158	Section 22B.003 under this section and who in good faith reports the
159	159	alleged violation in accordance with this section is immune from
160	160	civil or criminal liability that might otherwise be incurred or
161	161	imposed.
162	162	(e) A person required to report an alleged violation of
163	163	Section 22B.003 under this section commits an offense if the person
164	164	fails to report the alleged violation by the date required under
165	165	this section with the intent to conceal the alleged violation. An
166	166	offense under this subsection is a state jail felony.
167	167	(f) If a person required to report an alleged violation of
168	168	Section 22B.003 under this section fails to report the alleged
169	169	violation in accordance with this section, the State Board for
170	170	Educator Certification:
171	171	(1) shall determine whether to impose sanctions
172	172	against the person, including an administrative penalty of not less
173	173	than $500 and not more than $10,000; and
174	174	(2) if the board imposes an administrative penalty on
175	175	the person, may not renew the person's educator certification until
176	176	the penalty is paid.
177	177	(g) The commissioner may review the records of a school
178	178	district, district of innovation, open-enrollment charter school,
179	179	other charter entity, regional education service center, or shared
180	180	services arrangement to ensure compliance with this section.
181	181	(h) The commissioner shall adopt rules as necessary to
182	182	implement this section.
183	183	Sec. 22B.005. DETERMINATION OF ALLEGED ELECTIONEERING;
184	184	INELIGIBILITY FOR EMPLOYMENT. (a) This section applies only to a
185	185	person to whom this chapter applies who does not hold a
186	186	certification or permit issued under Subchapter B, Chapter 21.
187	187	(b) Except as provided by Subsection (c), a person who is
188	188	alleged to have violated Section 22B.003 is entitled to a hearing on
189	189	the merits of the allegation under the procedures provided by
190	190	Chapter 2001, Government Code.
191	191	(c) A person who is alleged to have violated Section 22B.003
192	192	is not entitled to a hearing under this section if:
193	193	(1) a final decision has been entered under other law
194	194	finding the person to have engaged in conduct that constitutes
195	195	electioneering; or
196	196	(2) another governmental body has jurisdiction over
197	197	the alleged violation and the commissioner elects not to pursue
198	198	enforcement under this section.
199	199	(d) On receiving a report under Section 22B.004, or pursuant
200	200	to an investigation conducted under Section 39.003, of an alleged
201	201	violation of Section 22B.003 by a person who is entitled to a
202	202	hearing under this section, the commissioner shall promptly send to
203	203	the person written notice that includes:
204	204	(1) a statement informing the person that the person
205	205	must request, not later than the 10th day after the date the person
206	206	receives the notice, a hearing on the merits of the allegation;
207	207	(2) a request that the person submit, not later than
208	208	the 10th day after the date the person receives the notice, a
209	209	written response to show cause why the commissioner should not
210	210	pursue an investigation under this section; and
211	211	(3) a statement informing the person that if the
212	212	person does not timely submit a written response to show cause as
213	213	provided by Subdivision (2), the commissioner will instruct the
214	214	agency to make available on the Internet portal described by
215	215	Section 22.095 information indicating the person is under
216	216	investigation for an alleged violation of Section 22B.003.
217	217	(e) If a person who is entitled to a hearing under this
218	218	section does not request a hearing before the date required by
219	219	Subsection (d)(1), the commissioner shall make a determination on
220	220	whether the person violated Section 22B.003 based on the contents
221	221	of the report submitted under Section 22B.004 or the results of the
222	222	investigation under Section 39.003, as applicable.
223	223	(f) If the commissioner determines under this section that a
224	224	person violated Section 22B.003, the commissioner shall instruct
225	225	the agency to add the person to the registry of persons not eligible
226	226	for employment in public schools under Section 22.092.
227	227	(g) If the commissioner determines that a person did not
228	228	violate Section 22B.003 and the agency made available on the
229	229	Internet portal described by Section 22.095 information indicating
230	230	the person was under investigation in accordance with Subsection
231	231	(d)(3), the commissioner shall instruct the agency to immediately
232	232	remove the information from the Internet portal.
233	233	(h) The commissioner shall adopt rules as necessary to
234	234	implement this section.
235	235	Sec. 22B.006. EXCEPTION. Notwithstanding any other
236	236	provision of this chapter, the State Board for Educator
237	237	Certification or the commissioner may elect not to take action
238	238	against a person determined to have violated Section 22B.003 if the
239	239	person:
240	240	(1) was ordered to take the action by another person in
241	241	a position of actual or apparent authority over the person; and
242	242	(2) could not reasonably have been expected to know
243	243	the person's action constituted a violation of that section.
244	244	Sec. 22B.007. ADDITIONAL REMEDIAL ACTION. If the
245	245	commissioner determines that an action taken by the board of
246	246	trustees of a school district or the governing body of an
247	247	open-enrollment charter school against a person determined to have
248	248	violated Section 22B.003 is not sufficient to deter future
249	249	violations of that section, the commissioner may substitute a
250	250	remedial action the commissioner determines appropriate.
251	251	Sec. 22B.008. AGENCY INVESTIGATIVE AUTHORITY. (a) The
252	252	agency's authority to investigate an alleged violation of Section
253	253	22B.003 is concurrent with the authority of any other person
254	254	charged with investigating such a violation under this chapter.
255	255	(b) Another person's dismissal of an alleged violation of
256	256	Section 22B.003 does not affect the agency's authority to
257	257	investigate the alleged violation.
258	258	SECTION 6. Section 39.003(a), Education Code, is amended to
259	259	read as follows:
260	260	(a) The commissioner may authorize special investigations
261	261	to be conducted:
262	262	(1) when excessive numbers of absences of students
263	263	eligible to be tested on state assessment instruments are
264	264	determined;
265	265	(2) when excessive numbers of allowable exemptions
266	266	from the required state assessment instruments are determined;
267	267	(3) in response to complaints submitted to the agency
268	268	with respect to alleged violations of civil rights or other
269	269	requirements imposed on the state by federal law or court order;
270	270	(4) in response to established compliance reviews of
271	271	the district's financial accounting practices and state and federal
272	272	program requirements;
273	273	(5) when extraordinary numbers of student placements
274	274	in disciplinary alternative education programs, other than
275	275	placements under Sections 37.006 and 37.007, are determined;
276	276	(6) in response to an allegation involving a conflict
277	277	between members of the board of trustees or between the board and
278	278	the district administration if it appears that the conflict
279	279	involves a violation of a role or duty of the board members or the
280	280	administration clearly defined by this code;
281	281	(7) when excessive numbers of students in special
282	282	education programs under Subchapter A, Chapter 29, are assessed
283	283	through assessment instruments developed or adopted under Section
284	284	39.023(b);
285	285	(8) in response to an allegation regarding or an
286	286	analysis using a statistical method result indicating a possible
287	287	violation of an assessment instrument security procedure
288	288	established under Section 39.0301, including for the purpose of
289	289	investigating or auditing a school district under that section;
290	290	(9) when a significant pattern of decreased academic
291	291	performance has developed as a result of the promotion in the
292	292	preceding two school years of students who did not perform
293	293	satisfactorily as determined by the commissioner under Section
294	294	39.0241(a) on assessment instruments administered under Section
295	295	39.023(a), (c), or (l);
296	296	(10) when excessive numbers of students eligible to
297	297	enroll fail to complete an Algebra II course or any other advanced
298	298	course as determined by the commissioner;
299	299	(11) when resource allocation practices as evaluated
300	300	under Section 39.0821 indicate a potential for significant
301	301	improvement in resource allocation;
302	302	(12) when a disproportionate number of students of a
303	303	particular demographic group is graduating with a particular
304	304	endorsement under Section 28.025(c-1);
305	305	(13) when an excessive number of students is
306	306	graduating with a particular endorsement under Section
307	307	28.025(c-1);
308	308	(14) in response to a complaint submitted to the
309	309	agency with respect to alleged inaccurate data that is reported
310	310	through the Public Education Information Management System (PEIMS)
311	311	or through other reports required by state or federal law or rule or
312	312	court order and that is used by the agency to make a determination
313	313	relating to public school accountability, including accreditation,
314	314	under this chapter;
315	315	(15) when 10 percent or more of the students
316	316	graduating in a particular school year from a particular high
317	317	school campus are awarded a diploma based on the determination of an
318	318	individual graduation committee under Section 28.0258;
319	319	(16) when a school district for any reason fails to
320	320	produce, at the request of the agency, evidence or an investigation
321	321	report relating to an educator who is under investigation by the
322	322	State Board for Educator Certification; [or]
323	323	(17) in response to an alleged violation of Section
324	324	22B.003; or
325	325	(18) as the commissioner otherwise determines
326	326	necessary.
327	327	SECTION 7. Section 39A.001, Education Code, is amended to
328	328	read as follows:
329	329	Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. The
330	330	commissioner shall take any of the actions authorized by this
331	331	subchapter to the extent the commissioner determines necessary if:
332	332	(1) a school district does not satisfy:
333	333	(A) the accreditation criteria under Section
334	334	39.052;
335	335	(B) the academic performance standards under
336	336	Section 39.053 or 39.054; or
337	337	(C) any financial accountability standard as
338	338	determined by commissioner rule; [or]
339	339	(2) the commissioner considers the action to be
340	340	appropriate on the basis of a special investigation under Section
341	341	39.003; or
342	342	(3) a school district initiates or maintains an action
343	343	or proceeding against the state or an agency or officer of the
344	344	state.
345	345	SECTION 8. Subchapter A, Chapter 39A, Education Code, is
346	346	amended by adding Section 39A.008 to read as follows:
347	347	Sec. 39A.008. INTERVENTION RELATED TO SCHOOL DISTRICT OR
348	348	OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.
349	349	(a) This section applies to a school district or open-enrollment
350	350	charter school subject to commissioner action under Section
351	351	39A.001(3).
352	352	(b) The commissioner shall appoint a conservator to a school
353	353	district or open-enrollment charter school to which this section
354	354	applies.
355	355	(c) The conservator appointed under Subsection (b) shall
356	356	require the school district or open-enrollment charter school to
357	357	demonstrate, by a deadline established by the conservator, that the
358	358	district or school is in compliance with Sections 45.105(c-1) and
359	359	45.1051. If the conservator determines that the district or school
360	360	is not in compliance with those sections, the conservator shall
361	361	order the district or school to, as applicable:
362	362	(1) withdraw from the action or proceeding; or
363	363	(2) take the necessary actions to come into compliance
364	364	with Section 45.1051.
365	365	(d) If a school district or open-enrollment charter school
366	366	fails to comply with an order by the conservator by the deadline
367	367	established by the conservator, the commissioner may:
368	368	(1) for a school district, appoint a board of managers
369	369	to oversee the operations of the district; or
370	370	(2) for an open-enrollment charter school, order
371	371	reconstitution of the school's governing board.
372	372	SECTION 9. Subchapter B, Chapter 44, Education Code, is
373	373	amended by adding Section 44.048 to read as follows:
374	374	Sec. 44.048. PROHIBITED CONTRACTING. (a) In this section,
375	375	"electioneering" has the meaning assigned by Section 22B.001.
376	376	(b) A school district or open-enrollment charter school may
377	377	not contract with:
378	378	(1) a person for services that would constitute
379	379	electioneering or services supportive of electioneering;
380	380	(2) a person who subcontracts with a person to provide
381	381	services described by Subdivision (1); or
382	382	(3) a person who is included in or who will assign
383	383	duties under the contract or subcontract to a person who is included
384	384	in the registry of persons not eligible for employment in public
385	385	schools under Section 22.092 based on a determination that the
386	386	person engaged in electioneering.
387	387	SECTION 10. Section 45.105(c-1), Education Code, is amended
388	388	to read as follows:
389	389	(c-1) Notwithstanding any other law, federal, state, or
390	390	local funding, including funding under Chapters 46, 48, and 49,
391	391	[Funds described by Subsection (c)] may not be used to initiate or
392	392	maintain any action or proceeding against the state or an agency or
393	393	officer of the state, including an action or proceeding that
394	394	includes a claim of ultra vires conduct [arising out of a decision,
395	395	order, or determination that is final and unappealable under a
396	396	provision of this code], except that funds may be used for an action
397	397	or proceeding that is specifically authorized by a provision of
398	398	this code or by Section 2001.038, Government Code [a rule adopted
399	399	under this code and that results in a final and unappealable
400	400	decision, order, or determination].
401	401	SECTION 11. Subchapter E, Chapter 45, Education Code, is
402	402	amended by adding Section 45.1051 to read as follows:
403	403	Sec. 45.1051. LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN
404	404	ACTIONS. (a) If a school district or open-enrollment charter
405	405	school brings an action against the agency, the State Board of
406	406	Education, or the State Board for Educator Certification or an
407	407	agent or officer of those entities that alleges ultra vires conduct
408	408	by the entity or an agent or officer of the entity, the district or
409	409	school must deposit all payments relating to the action owed to the
410	410	district's or school's attorney in an escrow account. The district
411	411	or school may use money deposited in the escrow account to pay the
412	412	district's or school's attorney only:
413	413	(1) after:
414	414	(A) a final judgment is rendered; and
415	415	(B) all appeals are fully resolved; and
416	416	(2) if the district or school prevails in the action.
417	417	(b) A school district or open-enrollment charter school
418	418	shall provide money deposited in an escrow account under this
419	419	section that may not be paid to the district's or school's attorney
420	420	under Subsection (a) after the rendering of a final judgment and the
421	421	resolution of all appeals to the state for deposit in the foundation
422	422	school fund.
423	423	(c) This section may not be interpreted to authorize an
424	424	action not otherwise authorized by law.
425	425	SECTION 12. Section 251.001(16), Election Code, is amended
426	426	to read as follows:
427	427	(16) "Political advertising" means a communication
428	428	supporting or opposing a candidate for nomination or election to a
429	429	public office or office of a political party, a political party, a
430	430	public officer, or a measure that:
431	431	(A) in return for consideration, is published in
432	432	a newspaper, magazine, or other periodical or is broadcast by radio
433	433	or television; [or]
434	434	(B) appears:
435	435	(i) in a pamphlet, circular, flier,
436	436	billboard or other sign, bumper sticker, or similar form of written
437	437	communication; or
438	438	(ii) on an Internet website, including on
439	439	any social media platform, or in any electronic communication; or
440	440	(C) is directed to an individual person or
441	441	multiple persons through any form of communication.
442	442	SECTION 13. The heading to Section 255.003, Election Code,
443	443	is amended to read as follows:
444	444	Sec. 255.003. UNLAWFUL USE OF PUBLIC RESOURCES [FUNDS] FOR
445	445	POLITICAL ADVERTISING AND CERTAIN POLITICAL ACTIVITIES.
446	446	SECTION 14. Section 255.003, Election Code, is amended by
447	447	adding Subsections (a-1) and (a-2) and amending Subsection (c) to
448	448	read as follows:
449	449	(a-1) An officer, employee, or contractor of a school
450	450	district or open-enrollment charter school may not use or authorize
451	451	the use of public money or resources to:
452	452	(1) distribute a communication in any form advocating
453	453	for or opposing any candidate, measure, or political party; or
454	454	(2) facilitate any activity by a student or other
455	455	person for advocacy communications to an elected officer or
456	456	employee of an elected officer for or against a matter for which the
457	457	officer may vote or take an official action.
458	458	(a-2) For purposes of Subsection (a-1):
459	459	(1) the following qualifies as the use of public money
460	460	or resources:
461	461	(A) the development or distribution, or
462	462	arrangement for the development or distribution, of a communication
463	463	described by Subsection (a-1)(1) that occurs during the working
464	464	hours of an officer, employee, or contractor or during any period of
465	465	time in which the officer, employee, or contractor is compensated
466	466	by the school district or open-enrollment charter school; or
467	467	(B) the provision of contact information by an
468	468	officer, employee, or contractor of a school district or
469	469	open-enrollment charter school to a political action committee or
470	470	similar entity for the purpose of distributing a communication
471	471	described by Subsection (a-1)(1);
472	472	(2) the use of a personal electronic device on school
473	473	district or open-enrollment charter school property by an officer,
474	474	employee, or contractor to access the Internet during the
475	475	officer's, employee's, or contractor's personal time for the
476	476	purpose of developing or distributing, or arranging for the
477	477	development or distribution of, a communication described by
478	478	Subsection (a-1)(1) does not qualify as the use of public funds or
479	479	resources; and
480	480	(3) a person's presence on school district or
481	481	open-enrollment charter school property while engaging in
482	482	electioneering, as defined by Section 22B.001, Education Code,
483	483	outside of work hours does not constitute the expenditure of public
484	484	money.
485	485	(c) A person who violates Subsection (a), (a-1), or (b-1)
486	486	commits an offense. An offense under this section is a Class A
487	487	misdemeanor.
488	488	SECTION 15. Section 255.0031(b), Election Code, is amended
489	489	to read as follows:
490	490	(b) Subsection (a) does not apply to:
491	491	(1) the use of an internal mail system to distribute
492	492	political advertising that is delivered to the premises of a state
493	493	agency or political subdivision through the United States Postal
494	494	Service if the officer or employee is unaware that the distributed
495	495	materials contain political advertising; or
496	496	(2) the use of an internal mail system by a state
497	497	agency or municipality to distribute political advertising that is
498	498	the subject of or related to an investigation, hearing, or other
499	499	official proceeding of the agency or municipality.
500	500	SECTION 16. Section 572.059, Government Code, is amended by
501	501	adding Subsections (d) and (e) to read as follows:
502	502	(d) Subsections (c)(2) and (3) do not apply to a member of
503	503	the governing body of a school district with respect to a
504	504	legislative measure outside the district's authority.
505	505	(e) This section does not prohibit a person from providing
506	506	information to a member of the legislature on request.
507	507	SECTION 17. The following provisions of the Education Code
508	508	are repealed:
509	509	(1) Section 11.169; and
510	510	(2) Section 45.109(e).
511	511	SECTION 18. Section 44.048, Education Code, as added by
512	512	this Act, applies only to a contract entered into or renewed on or
513	513	after the effective date of this Act. A contract entered into or
514	514	renewed before the effective date of this Act is governed by the law
515	515	in effect on the date the contract was entered into or renewed, and
516	516	the former law is continued in effect for that purpose.
517	517	SECTION 19. The changes in law made by this Act apply only
518	518	to conduct that occurs on or after the effective date of this Act.
519	519	Conduct that occurs before the effective date of this Act is
520	520	governed by the law in effect before the effective date of this Act,
521	521	and that law is continued in effect for that purpose.
522	522	SECTION 20. This Act takes effect immediately if it
523	523	receives a vote of two-thirds of all the members elected to each
524	524	house, as provided by Section 39, Article III, Texas Constitution.
525	525	If this Act does not receive the vote necessary for immediate
526	526	effect, this Act takes effect September 1, 2025.