The text as introduced · 546 words
89R19437 TYPED
By: Hagenbuch
S.B. No. 2742
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting electioneering and the unlawful use of
public funds for political advertising, authorizing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.169, Education Code, is amended to
read as follows:
(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) Any act that violates this section is not within the
discretionary duty of any officer or employee of a political
subdivision. Official immunity of any official or employee of
political subdivision of this state is waived and abolished to the
extent of liability created by this section.
(c) A violation of this section is punishable by a civil
penalty in an amount not to exceed $1,000 for each violation of this
section. Each day a violation continues is a separate violation.
The attorney general may file suit in Travis County or the county
where the violation(s) occurred to collect the penalty.
(d) The attorney general may recover reasonable attorney's
fees, court costs and other reasonable expenses incurred in
investigating and bringing an action under this section.
(e) Authority for the attorney general to seek civil
penalties under this section does not limit or interfere with the
attorney general's authority to seek injunctive relief authorized
by Section 273.081, Election Code.
(f) Sovereign immunity of a political subdivision of this
state and governmental immunity of a county and municipality to
suit is waived and abolished to the extent of liability created by
this section.
SECTION 2. Section 255.003, Election Code, is amended by
adding Subsections (g), (h), (i), (j), (k), (l), and (m) to read as
follows:
(g) An officer or employee of a political subdivision who
violates this section is liable to the state for a civil penalty in
an amount not less than $1,000 and not more than $1,500 for each
violation.
(h) Each day a violation continues to be publicly available
is a separate violation. The attorney general may file suit in
Travis County or the county where the violation(s) occurred to
collect the penalty.
(i) Any act that violates this section is not within the
discretionary duty of any officer or employee of a political
subdivision. Official immunity of any official or employee of
political subdivision of this state is waived and abolished to the
extent of liability created by this section.
(j) The attorney general may recover reasonable attorney's
fees, court costs and other reasonable expenses incurred in
investigating and bringing an action under this section.
(k) A political subdivision may not indemnify an officer or
employee who must pay a civil penalty.
(l) Sovereign immunity of a political subdivision of this
state and governmental immunity of a county and municipality to
suit is waived and abolished to the extent of liability created by
this section.
(m) The authority for the attorney general to seek civil
penalties under this section does not limit or interfere with the
attorney general's authority to seek injunctive relief authorized
by Section 273.081, Elections Code.
SECTION 3. This Act takes effect September 1, 2025.
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