SB 875: Birdwell Bill Adds Offenses For Campaigning With School District Resources

Caption

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.

Caption from analyzed text · version H.

Summary

The new offenses cover trustees and superintendents. District funds, email and mailing lists are covered.

The bill turns the existing rule against school board members using district money or resources to campaign into a Class A misdemeanor, and adds the same offense for superintendents. It also makes it a Class B misdemeanor for a campus principal or other chief campus administrator to knowingly let political signs stay up on campus for more than 48 hours, outside early voting and election day when the campus is a polling place. Starting September 1, 2025, trustees and superintendents who use district email, phones, mailing lists or district meetings to support or oppose a candidate, measure or party can be prosecuted, and campus heads face an offense over signs.

Labels

Labels: CREATES AN OFFENSE. The caption of the graded version (House committee report) reads: “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.”GOT HALFWAY. Passed the Senate on Apr 1, 2025. Died in the House: voted out of the Public Education committee 8-0, no floor vote.

Receipt

The receipt

89R-SB875 · 2025-01-22

SOLD BY

Sen. Brian BirdwellRSenate 22

+ 1 coauthor

ITEM

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.

WHAT IT DOES

The new offenses cover trustees and superintendents. District funds, email and mailing lists are covered.

The bill turns the existing rule against school board members using district money or resources to campaign into a Class A misdemeanor, and adds the same offense for superintendents. It also makes it a Class B misdemeanor for a campus principal or other chief campus administrator to knowingly let political signs stay up on campus for more than 48 hours, outside early voting and election day when the campus is a polling place. Starting September 1, 2025, trustees and superintendents who use district email, phones, mailing lists or district meetings to support or oppose a candidate, measure or party can be prosecuted, and campus heads face an offense over signs.

CHARGES

[x] ALREADY A CRIMEanalysis confidence 45%

THE TEXT

…“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”…

Bill text, House committee report version (H)

Based on general knowledge, not on this bill text, the Election Code already makes it an offense for officers and employees of a political subdivision to spend public funds on political advertising. That provision partly overlaps this new offense, though this bill reaches more district resources.

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 7, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Jan 22, 2025Received by the Secretary of the Senate
Jan 22, 2025Filed
Feb 13, 2025Read first time
Feb 13, 2025Referred to State Affairs
Mar 10, 2025Scheduled for public hearing on . . .
Mar 10, 2025Considered in public hearing
Mar 10, 2025Testimony taken in committee
Mar 10, 2025Left pending in committee
Mar 12, 2025Co-author authorized
Mar 13, 2025Considered in public hearing
Mar 13, 2025Vote taken in committee
Mar 17, 2025Reported favorably w/o amendments
Mar 17, 2025Committee report printed and distributed
Mar 19, 2025Placed on intent calendar
Mar 31, 2025Rules suspended-Regular order of business
Mar 31, 2025Record vote
Mar 31, 2025Read 2nd time
Mar 31, 2025Amendment(s) offered FA1 Birdwell
Mar 31, 2025Amended
Mar 31, 2025Vote recorded in Journal
Mar 31, 2025Passed to engrossment as amended
Mar 31, 2025Record vote
Apr 1, 2025Rules suspended-Regular order of business
Apr 1, 2025Record vote
Apr 1, 2025Read 3rd time
Apr 1, 2025Passed
Apr 1, 2025Record vote
Apr 1, 2025Reported engrossed
Apr 2, 2025Received from the Senate
Apr 22, 2025Read first time
Apr 22, 2025Referred to Public Education
May 19, 2025Posting rule suspended
May 20, 2025Scheduled for public hearing on . . .
May 20, 2025Considered in public hearing
May 20, 2025Testimony taken/registration(s) recorded in committee
May 20, 2025Left pending in committee
May 21, 2025Considered in formal meeting
May 21, 2025Failed to receive affirmative vote in comm.
May 21, 2025Left pending in committee
May 21, 2025Considered in formal meeting
May 21, 2025Reported favorably w/o amendment(s)
May 23, 2025Comte report filed with Committee Coordinator
May 23, 2025Committee report distributed
May 23, 2025Committee report sent to Calendars
May 24, 2025Considered in Calendars
May 26, 2025Placed on General State Calendar

FILED UNDER

SPEECH AND LAWFARE

THE TEXT

…“"electioneer" means to engage in an act intended to support or oppose a specific candidate, measure, or political party”

Bill text, House committee report version (H)

The bill makes it an offense for trustees and superintendents to speak for or against a candidate, measure or party through district channels, including district meetings, which regulates what elected school officials can say.

SIGNED FOR BY

Senate · 21 yea · 10 nay

Sources

Senate: Final passage · Apr 1, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Brian Birdwell

Donors

Texans for Lawsuit Reform PAC Austin TX$30,000

Good Government Fund Fort Worth TX$10,000

Texas Oil & Gas Assn. Good Govt. Cmte Austin TX$10,000

Derived from itemized gifts, Jul 1, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

$353,800 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$502,039 spent since Jul 1, 2024. Derived sum of published report totals. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$731,044 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes4

Senate Apr 1, 2025

Yea: 21
Nay: 10
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 21, Nays 10. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 21 (published)
Nay: 10 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 1, 2025

Yea: 21
Nay: 10
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Birdwell moved to suspend the regular order of business to take up for consideration SB 875 at this time on its third reading and final passage: SB 875, 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. The motion prevailed by the following vote: Yeas 21, Nays 10.

Published stock of positions for this vote, except where marked derived.

Yea: 21 (published)
Nay: 10 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 31, 2025

Yea: 21
Nay: 9
Present, not voting: Not printed
Absent: 0
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

SB 875 as amended was passed to engrossment by the following vote: Yeas 21, Nays 9.

Published stock of positions for this vote, except where marked derived.

Yea: 21 (published)
Nay: 9 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 31, 2025

Yea: 21
Nay: 9
Present, not voting: Not printed
Absent: 0
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Birdwell moved to suspend the regular order of business to take up for consideration SB 875 at this time on its second reading: SB 875, 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. The motion prevailed by the following vote: Yeas 21, Nays 9.

Published stock of positions for this vote, except where marked derived.

Yea: 21 (published)
Nay: 9 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses14

For: 7
Against: 4
On: 3

Names

For

Self3 registrations
Self; Harris county ballot security1 registration
Self; TEXAS ISD POLICE CHIEFS ASSOCIATION1 registration
Self; True texas projeect1 registration
Texas Public Policy Foundation1 registration

Against

Common Cause Texas1 registration
Self2 registrations
Texas School Alliance1 registration

On

Office of the Attorney General2 registrations
Texas Association of School Boards1 registration

Sources

14 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 7, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas Senate · Filed Jan 22, 2025

05/26/2025 H Placed on General State Calendar

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report

Data snapshot Nov 1, 2026 at 6:27 PM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors

Paul BettencourtRSenate 7

Sponsors

Charles CunninghamRHouse 127

House committee · Public Education · Committee vote 8 aye, 0 nay, 6 absent · Out of committee

Senate committee · State Affairs · Committee vote 10 aye, 0 nay, 1 absent · Out of committee

Subjects

Crimes--Miscellaneous

Education--Primary & Secondary--Other School Personnel

Education--School Districts

Elections--General

ELECTIONEERING

Text

The text as introduced · 457 words

89R868 TSS-D

By: Birdwell
S.B. No. 875

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)

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.

(b) An offense under this section is a Class A misdemeanor.

SECTION 2. Section 11.201, Education Code, is amended by

adding Subsections (f) and (g) 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 for or against any

candidate, measure, or political party.

(g) An offense under Subsection (f) is a Class A

misdemeanor.

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.

Verdict: Smells

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Senate Apr 1, 2025

Senate Apr 1, 2025

Senate Mar 31, 2025

Senate Mar 31, 2025

For

Against

On