SB2742 - Relating to the enforcement of electioneering prohibitions and the unlawful use of public funds for political advertising; imposing civil penalties.

      By: Hagenbuch S.B. No. 2742     A BILL TO BE ENTITLED   AN ACT   relating to the enforcement of electioneering prohibitions and the   unlawful use of public funds for political advertising; imposing   civil penalties.          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, 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)     An independent school district that violates this   section is liable to the state for a civil penalty in an amount not   to exceed $1,000. Each day a violation of this section continues   constitutes a separate violation.           (c)     The attorney general may bring an action in Travis   County or the county in which a violation of this section occurs to   enforce this section.           (d)     An independent school district's governmental immunity   to suit and from liability is waived to the extent of liability   created by this section.          SECTION 2.  Chapter 255, Election Code, is amended by adding   Section 255.0032 to read as follows:           Sec.   255.0032.     ENFORCEMENT OF UNLAWFUL USE OF PUBLIC FUNDS   FOR POLITICAL ADVERTISING. (a) A person who violates Section   255.003 is liable to the state for a civil penalty in an amount of   not less than $1,000 and not more than $1,500. Each day a violation   of that section continues constitutes a separate violation.           (b)     For purposes of Subsection (a), a violation continues if   the person has not made a good faith effort to remove the political   advertising that constitutes a violation of Section 255.003 from   public access, as applicable.           (c)     The attorney general may bring an action in Travis   County or the county in which the violation of Section 255.003   occurs to enforce this section.           (d)     An officer or employee of a political subdivision may   not assert official immunity in an action brought under this   section.             (e)     A political subdivision may not indemnify an officer or   employee in an action brought under this section.           (f)     This section does not limit or interfere with the   attorney general's authority under Section 273.081.          SECTION 3.  The changes in law made by this Act apply only to   a violation that occurs on or after the effective date of this Act.   A violation that occurs before the effective date of this Act is   governed by the law in effect on the date the violation occurred,   and the former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.