Hickland School Bill Reaches Any Campaign Using Polling Visit Photos

The text as introduced · 461 words

89R7742 MZM-D

By: Hickland
H.B. No. 1981

A BILL TO BE ENTITLED

AN ACT

relating to the use of public resources by a public school officer

or employee to engage in certain political activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 255.003, Election Code,

is amended to read as follows:

Sec. 255.003. UNLAWFUL USE OF PUBLIC RESOURCES [ FUNDS ] FOR

POLITICAL ADVERTISING AND CERTAIN POLITICAL ACTIVITIES; PROHIBITED

USE OF CERTAIN IMAGES .

SECTION 2. Section 255.003, Election Code, is amended by

adding Subsections (a-1), (a-2), and (a-3) and amending Subsection

(c) to read as follows:

(a-1) An officer or employee of a school district or

open-enrollment charter school may not use or authorize the use of

public resources to distribute a communication in any form,

including an electronic communication, that directly or indirectly

advocates for or against a candidate, measure, or political party.

This subsection does not prevent an officer or employee of a school

district or open-enrollment charter school from distributing a

communication on:

(1) the date of an election;

(2) the location of the polling places for an

election; or

(3) the hours that the polls will be open for an

election.

(a-2) An officer or employee of a school district or

open-enrollment charter school may not use or authorize the use of

public resources to transport school district or open-enrollment

charter school employees or students to a political rally or

polling place to directly or indirectly advocate for or against a

candidate, measure, or political party. This subsection does not

prevent an officer or employee of a school district or

open-enrollment charter school from transporting school district

or open-enrollment charter school employees or students to a

polling place if the polling place visit is for educational

purposes only and the employees do not engage in any effort to

directly or indirectly advocate for or against a candidate,

measure, or political party.

(a-3) A person may not use images captured of a school

district or open-enrollment charter school employee or student

during a polling place visit in political advertising or a campaign

communication.

(c) A person who violates Subsection (a) , (a-1), (a-2),

(a-3), or (b-1) commits an offense. An offense under this section

is a Class A misdemeanor.

SECTION 3. Section 255.003, Election Code, as amended by

this Act, applies only to the use of public funds or resources on or

after the effective date of this Act. The use of public funds or

resources before the effective date of this Act is governed by the

law in effect on the date the funds or resources were used, and that

law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.