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 |
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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, [ |
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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, [ |
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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, [ |
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charter school to deliver written documents to officers or | ||
employees of the agency or subdivision. | ||
SECTION 5. This Act takes effect September 1, 2019. |