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89(R) SB 2742 - Engrossed version - Bill Text
By: Hagenbuch
S.B. No. 2742
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of electioneering prohibitions and the
unlawful use of public funds for political advertising; imposing
civil penalties.
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, the board of trustees of an
independent school district may not use state or local funds or
other resources of the district to electioneer for or against any
candidate, measure, or political party.
(b)
An independent school district that violates this
section is liable to the state for a civil penalty in an amount not
to exceed $1,000. Each day a violation of this section continues
constitutes a separate violation.
(c)
The attorney general may bring an action in Travis
County or the county in which a violation of this section occurs to
enforce this section.
(d)
An independent school district's governmental immunity
to suit and from liability is waived to the extent of liability
created by this section.
SECTION 2. Chapter 255, Election Code, is amended by adding
Section 255.0032 to read as follows:
Sec.
255.0032.
ENFORCEMENT OF UNLAWFUL USE OF PUBLIC FUNDS
FOR POLITICAL ADVERTISING. (a) A person who violates Section
255.003 is liable to the state for a civil penalty in an amount of
not less than $1,000 and not more than $1,500. Each day a violation
of that section continues constitutes a separate violation.
(b)
For purposes of Subsection (a), a violation continues if
the person has not made a good faith effort to remove the political
advertising that constitutes a violation of Section 255.003 from
public access, as applicable.
(c)
The attorney general may bring an action in Travis
County or the county in which the violation of Section 255.003
occurs to enforce this section.
(d)
An officer or employee of a political subdivision may
not assert official immunity in an action brought under this
section.
(e)
A political subdivision may not indemnify an officer or
employee in an action brought under this section.
(f)
This section does not limit or interfere with the
attorney general's authority under Section 273.081.
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.