Tex.
Election Code Section 255.003
Unlawful Use of Public Funds for Political Advertising
(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.
Source:
Section 255.003 — Unlawful Use of Public Funds for Political Advertising, https://statutes.capitol.texas.gov/Docs/EL/htm/EL.255.htm#255.003 (accessed Jun. 5, 2024).
