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Texas Statutes § 255.003 Unlawful Use of Public Funds for Political Advertising

⤴ Up to Chapter 255: Regulating Political Advertising and Campaign Communications

Statute Text

(a) An officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising.
(b) Subsection (a) does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure.
(b-1) An officer or employee of a political subdivision may not spend or authorize the spending of public funds for a communication describing a measure if the communication contains information that:
(1) the officer or employee knows is false; and
(2) is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.
(c) A person who violates Subsection (a) or (b-1) commits an offense. An offense under this section is a Class A misdemeanor.
(d) It is an affirmative defense to prosecution for an offense under this section or the imposition of a civil penalty for conduct under this section that an officer or employee of a political subdivision reasonably relied on a court order or an interpretation of this section in a written opinion issued by:
(1) a court of record;
(2) the attorney general; or
(3) the commission.
(e) On written request of the governing body of a political subdivision that has ordered an election on a measure, the commission shall prepare an advance written advisory opinion as to whether a particular communication relating to the measure does or does not comply with this section.
(f) Subsections (d) and (e) do not apply to a port authority or navigation district.

History

Amended by Acts 2009 , 81st Leg., R.S., Ch. 644 , Sec. 1 , eff. 9/1/2009 .

Amended by Acts 2009 , 81st Leg., R.S., Ch. 843 , Sec. 1 , eff. 9/1/2009 .

Amended by Acts 1987 , 70th Leg., ch. 899 , Sec. 1, eff. 9/1/1987 .

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