Texas 2025 - 89th Regular

Texas Senate Bill SB875 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell, Bettencourt S.B. No. 875
2		-
3		-
	2	+	(In the Senate - Filed January 22, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 17, 2025, reported favorably by the following vote: Yeas 10,
	5	+	Nays 0; March 17, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to prohibiting election activities committed by a member
9	12		of the board of trustees or superintendent of an independent school
10	13		district or on certain school district premises; creating criminal
11	14		offenses.
12	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	16		SECTION 1. Section 11.169, Education Code, is amended to
14	17		read as follows:
15		-	Sec. 11.169. ELECTIONEERING PROHIBITED. (a) In this
16		-	section, "electioneer" means to engage in an act intended to
17		-	support or oppose a specific candidate, measure, or political
18		-	party.
19		-	(b) Notwithstanding any other law, a member of the board of
20		-	trustees of an independent school district commits an offense if
21		-	the member uses [may not use] state or local funds or other
22		-	resources of the district, including a district e-mail address,
23		-	district telephone, mailing list maintained by the district, or
24		-	meeting organized by or held on the premises of the district, to
25		-	electioneer [for or against any candidate, measure, or political
26		-	party].
27		-	(c) It is an exception to the application of this section
28		-	that the member of the board of trustees:
29		-	(1) used a district facility to host a forum for
30		-	political candidates or to hold a political party convention;
31		-	(2) used the facility as described by Subdivision (1)
32		-	at a time that was not during the period between the first day of
33		-	early voting and the date of the election, if the facility was used
34		-	as an early voting or election day polling place; and
35		-	(3) allowed equally all candidates for the same office
36		-	or all political parties, as applicable, the opportunity to use the
37		-	facility as described by Subdivision (1).
38		-	(d) An offense under this section is a Class A misdemeanor.
	18	+	Sec. 11.169. ELECTIONEERING PROHIBITED. (a)
	19	+	Notwithstanding any other law, a member of the board of trustees of
	20	+	an independent school district commits an offense if the member
	21	+	uses [may not use] state or local funds or other resources of the
	22	+	district, including a district e-mail address, district telephone,
	23	+	mailing list maintained by the district, or meeting organized by or
	24	+	held on the premises of the district, to electioneer for or against
	25	+	any candidate, measure, or political party.
	26	+	(b) An offense under this section is a Class A misdemeanor.
39	27		SECTION 2. Section 11.201, Education Code, is amended by
40		-	adding Subsections (f)~~, (g), (h),~~ and (i) to read as follows:
	28	+	adding Subsections (f) and (g) to read as follows:
41	29		(f) Notwithstanding any other law, the superintendent of a
42	30		school district commits an offense if the superintendent uses state
43	31		or local funds or other resources of the district, including a
44	32		district e-mail address, district telephone, mailing list
45	33		maintained by the district, or meeting organized by or held on the
46		-	premises of the district, to electioneer.
47		-	(g) It is an exception to the application of this section
48		-	that the superintendent:
49		-	(1) used a district facility to host a forum for
50		-	political candidates or to hold a political party convention;
51		-	(2) used the facility as described by Subdivision (1)
52		-	at a time that was not during the period between the first day of
53		-	early voting and the date of the election, if the facility was used
54		-	as an early voting or election day polling place; and
55		-	(3) allowed equally all candidates for the same office
56		-	or all political parties, as applicable, the opportunity to use the
57		-	facility as described by Subdivision (1).
58		-	(h) An offense under Subsection (f) is a Class A
	34	+	premises of the district, to electioneer for or against any
	35	+	candidate, measure, or political party.
	36	+	(g) An offense under Subsection (f) is a Class A
59	37		misdemeanor.
60		-	(i) In this section, "electioneer" has the meaning assigned
61		-	by Section 11.169.
62	38		SECTION 3. Chapter 276, Election Code, is amended by adding
63	39		Section 276.020 to read as follows:
64	40		Sec. 276.020. UNLAWFUL ELECTION ACTIVITY ON CERTAIN
65	41		INDEPENDENT SCHOOL DISTRICT CAMPUSES. (a) The chief administrator
66	42		of the campus of an independent school district commits an offense
67	43		if the administrator knowingly permits the posting of political
68	44		signs on the premises of the campus for longer than 48 hours during
69	45		any time other than:
70	46		(1) the early voting period, if the campus is being
71	47		used as an early voting polling place; or
72	48		(2) on election day, if the campus is being used as a
73	49		polling place.
74	50		(b) An offense under this section is a Class B misdemeanor.
75	51		SECTION 4. The changes in law made by this Act apply only to
76	52		an offense committed on or after the effective date of this Act. An
77	53		offense committed before the effective date of this Act is governed
78	54		by the law in effect on the date the offense was committed, and the
79	55		former law is continued in effect for that purpose. For purposes of
80	56		this section, an offense was committed before the effective date of
81	57		this Act if any element of the offense occurred before that date.
82	58		SECTION 5. This Act takes effect September 1, 2025.
	59	+	* * * * *