Texas school officials should be aware of the following:
- According to Section 255.003(a) of the Texas Election Code, an officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising.
- In addition, school district officials may not use public resources to advocate for or against particular political candidates and/or groups of political candidates.
- Furthermore, the Texas Election Code prohibits the board of trustees of a school district from using state or local funds “to electioneer for or against any candidate, measure, or political party. Tex. Educ. Code Sec. 11.169.
- The Attorney General can enforce violations of the Texas Election Code section 255.003(a) by filing a lawsuit seeking injunctive relief. See Tex. Elec. Code § 273.081. Injunctive relief can only be granted when there is harm or a threat of harm. Absent a pending or upcoming election, we may not be able to show a threat of harm and cannot file a lawsuit.
- A communication does not constitute political advertising if it "factually describes the purpose of a measure" and "does not advocate passage or defeat of the measure." Tex. Elec. Code 255.003(b).
If you believe these or any other similar statutes have been violated you may file a complaint (see button below) or you may call the Texas Attorney General’s office at1-844-584-3006.