By: Birdwell, Bettencourt S.B. No. 875
(In the Senate - Filed January 22, 2025; February 13, 2025,
read first time and referred to Committee on State Affairs;
March 17, 2025, reported favorably by the following vote: Yeas 10,
Nays 0; March 17, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting election activities committed by a member
of the board of trustees or superintendent of an independent school
district or on certain school district premises; creating criminal
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.169, Education Code, is amended to
read as follows:
Sec. 11.169. ELECTIONEERING PROHIBITED. (a)
Notwithstanding any other law, a member of the board of trustees of
an independent school district commits an offense if the member
uses [may not use] state or local funds or other resources of the
district, including a district e-mail address, district telephone,
mailing list maintained by the district, or meeting organized by or
held on the premises of the district, to electioneer for or against
any candidate, measure, or political party.
(b) An offense under this section is a Class A misdemeanor.
SECTION 2. Section 11.201, Education Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) Notwithstanding any other law, the superintendent of a
school district commits an offense if the superintendent uses state
or local funds or other resources of the district, including a
district e-mail address, district telephone, mailing list
maintained by the district, or meeting organized by or held on the
premises of the district, to electioneer for or against any
candidate, measure, or political party.
(g) An offense under Subsection (f) is a Class A
misdemeanor.
SECTION 3. Chapter 276, Election Code, is amended by adding
Section 276.020 to read as follows:
Sec. 276.020. UNLAWFUL ELECTION ACTIVITY ON CERTAIN
INDEPENDENT SCHOOL DISTRICT CAMPUSES. (a) The chief administrator
of the campus of an independent school district commits an offense
if the administrator knowingly permits the posting of political
signs on the premises of the campus for longer than 48 hours during
any time other than:
(1) the early voting period, if the campus is being
used as an early voting polling place; or
(2) on election day, if the campus is being used as a
polling place.
(b) An offense under this section is a Class B misdemeanor.
SECTION 4. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2025.
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