SB875 - 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.

      By: Birdwell, et al. S.B. No. 875     (Cunningham)           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.