HB3661 - Relating to the regulation of certain political communications, a prohibition on electioneering by school district and open-enrollment charter school officials and employees, and actions and other proceedings by a public school challenging the operations of the public school system; authorizing an administrative penalty; creating a criminal offense.

  89R9162 MZM-F     By: Swanson H.B. No. 3661       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain political communications, a   prohibition on electioneering by school district and   open-enrollment charter school officials and employees, and   actions and other proceedings by a public school challenging the   operations of the public school system; authorizing an   administrative penalty; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.061, Education Code, is amended by   adding Subsection (b-1) to read as follows:           (b-1)     A person who the State Board for Educator   Certification or the commissioner has determined to have violated   Section 22B.003 may not serve as a member of the board of trustees   of a school district for the period beginning on the date on which   the determination was made and ending the day after the date on   which the first trustee election occurring at least three years   after the date on which the determination was made is held.          SECTION 2.  Section 12.120, Education Code, is amended by   adding Subsection (c) to read as follows:           (c)     A person who the State Board for Educator Certification   or the commissioner has determined to have violated Section 22B.003   may not serve as a member of the governing body of an   open-enrollment charter school for the three-year period after the   date on which the determination was made.          SECTION 3.  Section 22.092, Education Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  The registry maintained under this section must list the   following persons as not eligible to be employed by public schools:                (1)  a person determined by the agency under Section   22.0832 as a person who would not be eligible for educator   certification under Subchapter B, Chapter 21;                (2)  a person determined by the agency to be not   eligible for employment based on the person's criminal history   record information review, as provided by Section 22.0833;                (3)  a person who is not eligible for employment based   on criminal history record information received by the agency under   Section 21.058(b);                (4)  a person whose certification or permit issued   under Subchapter B, Chapter 21, is revoked by the State Board for   Educator Certification on a finding that the person engaged in   misconduct described by Section 21.006(b)(2)(A) or (A-1); [ and ]                (5)   subject to Subsection (c-1), a person who is   determined by the State Board for Educator Certification to have   engaged in electioneering under Section 22B.003;                 (6)   a person who is determined by the commissioner   under Section 22.094 to have engaged in misconduct described by   Section 22.093(c)(1)(A) or (B) ; and                 (7)     subject to Subsection (c-1), a person who is   determined by the commissioner under Section 22B.005 or by another   governmental body to have engaged in electioneering under Section   22B.003 .           (c-1)     The agency shall remove a person included in the   registry under Subsection (c)(5) or (7) not later than:                 (1)     the third anniversary of the date on which the   person was included in the registry under the applicable   subdivision if the person was the superintendent or director of a   school district, district of innovation, open-enrollment charter   school, other charter entity, regional education service center, or   shared services arrangement at the time the person was included in   the registry; or                 (2)     the first anniversary of the date on which the   person was included in the registry under the applicable   subdivision if the person held a position other than a position   described by Subdivision (1) of this subsection at the time the   person was included in the registry.          SECTION 4.  The heading to Subtitle D, Title 2, Education   Code, is amended to read as follows:   SUBTITLE D. EDUCATORS AND SCHOOL OFFICIALS, [ DISTRICT ] EMPLOYEES ,   AND VOLUNTEERS          SECTION 5.  Subtitle D, Title 2, Education Code, is amended   by adding Chapter 22B to read as follows:   CHAPTER 22B. ELECTIONEERING PROHIBITED           Sec. 22B.001.  DEFINITIONS. In this chapter:                 (1)  "Electioneering" includes:                       (A)     posting, using, or distributing political   signs or literature;                       (B)     proposing, endorsing, or expressing support   for or opposition to a measure before a governmental body other than   a school district; and                       (C)  engaging in conduct prohibited by:                             (i)     Section 255.003 or 255.0031, Election   Code; or                             (ii)     Section 305.027 or 556.0055,   Government Code.                 (2)  "Measure" includes:                       (A)     a question or proposal submitted in an   election for an expression of the voters' will, including the   circulation and submission of a petition to determine whether a   question or proposal is required to be submitted in an election for   an expression of the voters' will;                       (B)     a bill, resolution, order, or other proposal   to adopt, enact, amend, or repeal a statute, ordinance, rule, or   policy of general application; and                       (C)     a proposal to adopt, enact, amend, or repeal,   or to grant a variance or other exception to, a zoning ordinance.                 (3)     "Other charter entity"   has the meaning assigned by   Section 21.006.           Sec. 22B.002.  APPLICABILITY. This chapter applies only to:                 (1)     the board of trustees or a member of the board of   trustees of a school district;                 (2)     the governing body or a member of the governing   body of an open-enrollment charter school;                 (3)  an educator; and                 (4)     a school district or open-enrollment charter   school employee, agent, or contractor.           Sec.   22B.003.     ELECTIONEERING PROHIBITED. (a)   Notwithstanding any other law, a person to whom this chapter   applies may not use federal, state, or local money or other school   resources to engage in electioneering, or assist another person in   engaging in electioneering, for or against any candidate, measure,   or political party.           (b)     Except as otherwise provided by law, a person to whom   this chapter applies may not use federal, state, or local money or   other school resources to encourage or discourage participation in   an election.           (c)     The board of trustees of a school district and the   governing body of an open-enrollment charter school shall adopt   protocols and policies and take actions necessary to ensure   compliance with this section.           (d)     The State Board for Educator Certification shall adopt   standards of conduct prohibiting an educator from engaging in   conduct that violates this section.           Sec.   22B.004.     REQUIRED REPORT OF ALLEGED ELECTIONEERING;   PENALTIES. (a) The superintendent or director of a school   district, district of innovation, open-enrollment charter school,   other charter entity, regional education service center, or shared   services arrangement shall report an alleged violation of Section   22B.003, not later than the seventh day after the date the   superintendent or director becomes aware of the alleged violation,   to:                 (1)     the State Board for Educator Certification if the   alleged violation was committed by an educator; or                 (2)     the commissioner if the alleged violation was   committed by a person other than an educator.           (b)  The report required by Subsection (a) must be:                 (1)  in writing; and                 (2)  in a form prescribed by:                       (A)     the State Board for Educator Certification if   an educator is the subject of the report; or                       (B)     the commissioner if a person other than an   educator is the subject of the report.           (c)     The principal of a school district, district of   innovation, open-enrollment charter school, or other charter   entity shall report an alleged violation of Section 22B.003, not   later than the seventh day after the date the principal becomes   aware of the alleged violation, to the superintendent or director   of the district, school, or entity at which the principal is   employed.           (d)     A person required to report an alleged violation of   Section 22B.003 under this section and who in good faith reports the   alleged violation in accordance with this section is immune from   civil or criminal liability that might otherwise be incurred or   imposed.           (e)     A person required to report an alleged violation of   Section 22B.003 under this section commits an offense if the person   fails to report the alleged violation by the date required under   this section with the intent to conceal the alleged violation. An   offense under this subsection is a state jail felony.           (f)     If a person required to report an alleged violation of   Section 22B.003 under this section fails to report the alleged   violation in accordance with this section, the State Board for   Educator Certification:                 (1)     shall determine whether to impose sanctions   against the person, including an administrative penalty of not less   than $500 and not more than $10,000; and                 (2)     if the board imposes an administrative penalty on   the person, may not renew the person's educator certification until   the penalty is paid.           (g)     The commissioner may review the records of a school   district, district of innovation, open-enrollment charter school,   other charter entity, regional education service center, or shared   services arrangement to ensure compliance with this section.           (h)     The commissioner shall adopt rules as necessary to   implem [Text truncated for display. 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