Bill Text: TX HB2406 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to political advertising by open-enrollment charter schools.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-22 - Committee report sent to Calendars [HB2406 Detail]

Download: Texas-2019-HB2406-Introduced.html
  86R12238 SOS-F
 
  By: Geren H.B. No. 2406
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to political advertising by open-enrollment charter
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 255, Election Code, is amended by adding
  Section 255.0011 to read as follows:
         Sec. 255.0011.  OPEN-ENROLLMENT CHARTER SCHOOLS. In this
  chapter, "open-enrollment charter school" has the meaning assigned
  by Section 5.001, Education Code.
         SECTION 2.  Sections 255.003(a), (b-1), (d), and (e),
  Election Code, are amended to read as follows:
         (a)  An officer or employee of a political subdivision or
  open-enrollment charter school may not knowingly spend or authorize
  the spending of public funds for political advertising.
         (b-1)  An officer or employee of a political subdivision or
  open-enrollment charter school may not spend or authorize the
  spending of public funds for a communication describing a measure
  if the communication contains information that:
               (1)  the officer or employee knows is false; and
               (2)  is sufficiently substantial and important as to be
  reasonably likely to influence a voter to vote for or against the
  measure.
         (d)  It is an affirmative defense to prosecution for an
  offense under this section or the imposition of a civil penalty for
  conduct under this section that an officer or employee of a
  political subdivision or open-enrollment charter school reasonably
  relied on a court order or an interpretation of this section in a
  written opinion issued by:
               (1)  a court of record;
               (2)  the attorney general; or
               (3)  the commission.
         (e)  On written request of the governing body of a political
  subdivision or open-enrollment charter school that has ordered an
  election on a measure, the commission shall prepare an advance
  written advisory opinion as to whether a particular communication
  relating to the measure does or does not comply with this section.
         SECTION 3.  Sections 255.0031(a) and (b), Election Code, are
  amended to read as follows:
         (a)  An officer or employee of a state agency, [or] political
  subdivision, or open-enrollment charter school may not knowingly
  use or authorize the use of an internal mail system for the
  distribution of political advertising.
         (b)  Subsection (a) does not apply to:
               (1)  the use of an internal mail system to distribute
  political advertising that is delivered to the premises of a state
  agency, [or] political subdivision, or open-enrollment charter
  school through the United States Postal Service; or
               (2)  the use of an internal mail system by a state
  agency or municipality to distribute political advertising that is
  the subject of or related to an investigation, hearing, or other
  official proceeding of the agency or municipality.
         SECTION 4.  Section 255.0031(d)(1), Election Code, is
  amended to read as follows:
               (1)  "Internal mail system" means a system operated by
  a state agency, [or] political subdivision, or open-enrollment
  charter school to deliver written documents to officers or
  employees of the agency or subdivision.
         SECTION 5.  This Act takes effect September 1, 2019.
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