By: Birdwell, Bettencourt S.B. No. 875
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) In this
section, "electioneer" means to engage in an act intended to
support or oppose a specific candidate, measure, or political
party.
(b) 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].
(c) It is an exception to the application of this section
that the member of the board of trustees:
(1) used a district facility to host a forum for
political candidates or to hold a political party convention;
(2) used the facility as described by Subdivision (1)
at a time that was not during the period between the first day of
early voting and the date of the election, if the facility was used
as an early voting or election day polling place; and
(3) allowed equally all candidates for the same office
or all political parties, as applicable, the opportunity to use the
facility as described by Subdivision (1).
(d) An offense under this section is a Class A misdemeanor.
SECTION 2. Section 11.201, Education Code, is amended by
adding Subsections (f), (g), (h), and (i) 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.
(g) It is an exception to the application of this section
that the superintendent:
(1) used a district facility to host a forum for
political candidates or to hold a political party convention;
(2) used the facility as described by Subdivision (1)
at a time that was not during the period between the first day of
early voting and the date of the election, if the facility was used
as an early voting or election day polling place; and
(3) allowed equally all candidates for the same office
or all political parties, as applicable, the opportunity to use the
facility as described by Subdivision (1).
(h) An offense under Subsection (f) is a Class A
misdemeanor.
(i) In this section, "electioneer" has the meaning assigned
by Section 11.169.
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.